商品进****易合同_第13页

　　10．Breach of Contract and Penalty
　　（1）Shall Party B not confirm the receipt of《Purchase Sheet》by fax to Party A according to the stipulation of clause II 5（2）of this agreement in prescribed time-limit， Party B breaks the contract.
　　（2）Shall Party B fail to deliver according to time， place， variety or quantity stipulated in the《Purchase Sheet》， then Party B breaks the contract. The inspection report issued by _________ shall be the standard of adjudicating if Party B fails to deliver according to variety and quantity stipulated in the 《Purchase Sheet》. The original B/L issued by _ shall be the standard of adjudicating if Party B fails to deliver according to time and place stipulated in the 《Purchase Sheet》.
　　（3）Shall Party B deliver after the latest shipping date stipulated in the 《Purchase Sheet》， it is still regarded as breach of contract. If the Chinese buyer under the 《Purchase Sheet》 does not accept the goods， Party B has no right to get any payment and shall deal with the goods by himself. All the related expenses shall be born by Party B. If the Chinese buyer accepts the goods， Party B can proportionally get some payment. The 4％ value of the goods in default shall be deducted as penalty still. The proportion and time of the payment are at Party A's option.
　　（4）Shall Party B have breach of contract actions under the above “1.2.3” clauses， Party A has the right to issue《Default Advice》 unilaterally to the bank which issue the L/G for transaction deposit payment for Party B and deduct 4％ value of goods of 《Purchase Sheet》 form the bank as penalty directly.
　　（5）Party B shall compensate Party A the losses caused by Party B's failure to deliver according to the 《Purchase Sheet》. Not only the 4％ value of goods in default shall be deducted as penalty， but also Party A's losses in business profit shall be compensated by Party B.
　　（6）Shall the Chinese buyer under the 《Purchase Sheet》refuse to accept the goods or return the goods because of Party B's breach of contract， Party A could help Party B to take the goods back. Party B shall pay Party A the freight and other related expenses in advance.

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　　2012年10月17日