1. All taxes, duties, licenses etc. in exporting country are to be on the Sellers cost & responsibilities whether the goods loaded from the country of origin or from else, and contractually it is considered Sellers as the actual Sellers from the exporting countries.
2. All taxes, duties, licenses etc. in importing country are to be on the Buyers cost & responsibilities irrespective the goods diverted to any country, contractually it is considered Buyers as the actual buyers from the importing countries.
3. Packing & Marking in appropriate manner will be always as per the Buyers requirement at sellers cost.
4. The weight, quality, loading Certificate , packing certificate ascertained at the time of loading by the Surveyors is final and acceptable to both buyers and sellers. The Surveyors to be appointed by the buyers at sellers cost.
5. In container shipment, house B/L or B/L issued by the Freight forwarders or by Multimodel Transport Operators are not acceptable. B/L must specify " The Shipping Line". B/L must be issued on or after the actual vessel sailed from load port.
6. B/L must marked "Clean shipped On Board" and such marking must have notation with seal, dated & signed as per article 23 of U.C.P.
7. B/L to mention " Discharge Port Agent name & full style".
8. In Containerize vessel, B/L must mentioned a) Container Number , b) Seal Number, c) Number of bags in Each container.
9. In Breakbulk Vessel, B/L must issue under "Liner B/L Form " unless agreed.
10. In full vessel Load or shipment under Charter Party, Charter Party B/L is acceptable. Demurrage / Dispatch to be settled by the Charteror at load port . At Disport , the buyers to settle demurrage / dispatch as agreed.
11. In FOBST Contract buyers to give appropriate time of 7/6/5/4/3/2/1 days notice before the arrival of the vessels and sellers to give load rate guarantee as specified.
12. In C&FFO contract, buyers to give guarantee for discharge as agreed and vessel owners to give appropriate time of 7/6/5/4/3/2/1 day notice before arrival of the vessel as specified.
13. In FOBST & C&FFO Contract, unless specified, it is always time to count basis WWD SHEX / FHEX EIU irrespective WIBON / WIPON / WIFPON. Time not to count from 1700 hrs on Saturday / Thursday till Monday / Saturday 0800 Hrs or 1700 hrs prior Holiday till next day 0800 Hrs after holiday. NOR Tendered during the above period will not be calculated. Nor will be acceptable.
14. Partial shipment is allowed .
15. Partial documents and/or B/L are acceptable.
16. Transhipment is not allowed in Break bulk Vessel whereas Transhipment is allowed in container vessel.
17. All Expenses related to the shipment and the cost of shipping documents are on sellers account including the document negotiation charges, Bank charges.
18. In case payment against L/c, L/c must be irrevocable, unrestricted, confirmed L/c with TT Reimbursement Clause from NOSTRO Account of the correspondent Bank at New York of the L/c issuing Bank with account number .
19. L/c Opening Charges are always on Buyers account.
20. Documents having typographical / spelling mistakes will not be considered the discrepancies .
21. In containerize vessel, the sellers to arrange a letter from the Shipping Company that the containers are detention free of the line for minimum period at discharge port .
22. THC Charges , Port Charges & Shipping Line charges at Disport will be on buyers account.
23. Sellers to give the appropriation notice to the buyers within three working days . The appropriation to cover a) Product , b) No. of Bags loaded , c) Load Port, d) Disport , e) Weight , f) Vessel Name , g) Vessel voyage, h) B/L Number & Date , i) Value of the Product, j) ETA Disport, k) Container Number, Seal Number, l) Number of Bags in each container, .
24. Buyers to take the appropriate insurance cover on FAS, FOB or C&F Contract and Sellers to take appropriate insurance cover on CIF Contract. The insurance is always to be covered for 110% of the CIF Value. Insurance to cover "All Risk Cover".
25. The sellers to ensure that the buyers to get the original documents prior arrival of the vessel at destination port .
26. In case of the documents not reached, the goods will be delivered only against the Bank guarantee for the contracted value and with the shippers consent for releasing the goods against bank guarantee.
27. Sellers have to fax or courier the non-negotiable sets of the documents to the buyers which includes the copy of Invoice, copy of B/L , Copy of Certificate of Origin, Copy of Phytosanitary Certificate and the copy of weight & quality certificate immediately after shipments to reach before vessels arrives at disport.
28. Buyers or Sellers to fix the vessel only on vessel classified as per the London underwriters classification clause and the age shall not be over 20 years at the time of loading but vessel acceptable upto 25 years of age if owned by members of a "Freight Conference" overage of vessel premium to be payable by the party who pays the freight.
29. The confirmation is subject to the "FORCE MAJURE Clause" as mentioned in I.C.C.500 Publication. In Case of occurrence of such "FORCE MAJURE" situation, this contract shall be treated as null & void and no liability to the contract by either party in any way.
30. The Sellers and the Buyers shall exert every efforts to amicably settle all disputes which may arise from the contract in the event of failure to reach the settlement to unresolved disputes shall be settled finally under the rules of consillation and arbitration. The award of the Arbitration shall be binding upon the buyers and sellers.