The parties will not be liable for partial or complete failure to execute their obligations under this contract if the said failure is caused by unforeseen circumstances, such as: severe weather conditions and other actions of nature, acts of the government, war, strikes, riots or other forces beyond control of the parties if the above mentioned circumstances directly affect the fulfillment of this contract. The parties shall be obliged to immediately advise each other should any delay arise from any of the causes referred to. The SELLER acknowledges that the BUYER’S own performance to its end users is time critical and the BUYER is therefore entitled to elect whether to accept the delays or cancel the contract within seven (7) days after having knowledge of any delay. Within such events, the fulfillment of the contract obligations will be extended for a respective period within which such circumstances last if the BUYER so elects.
· Certificates issued by a local Chamber of Commerce the ICC or other government institutions of the SELLER or the BUYER will be accepted by the parties as proof of Force-Majeure and its period. CLAUSE 10 – MISCELLANEOUS
· Any amendments and supplements to this contract will be valid only if made in writing and duly signed by authorized representatives of the both parties. Each party will confirm immediately by mail, fax, or e-mail a receipt of a message of the other party.
· The parties will take all measures to settle all disputes or differences which may arise while performing this Contract. Disputes that cannot be settled through negotiations shall be decided by the ICC International Arbitration of London.
· The present contract is governed by English Law
· The losing party shall pay all litigation cost including the third party lawyer costs.
CLAUSE 11 – NON CIRCUMVENTION & NON DISCLOSURE
The undersigned parties hereby accept and agree to the I.C.C. provisions of non-circumvention and non-disclosure with regards to all parties involved in this transaction. It is also agreed by the parties that any aspects relating to this transaction shall be kept strictly confidential and copies of this agreement shall not be freely distributed to parties not related to or directly involved in the successful conclusion of this contract. Any breach of this Clause may result in legal action being taken by the aggrieved party. The penalty for breach of this clause shall be determined by the ICC. The aggrieved party shall also be entitled to recover any and all legal costs they may incur, including travel costs to hearings or legal proceedings. This clause shall be in effect forCLAUSE 13 – EXECUTION OF CONTRACT:
Each of the parties to this contract represents that it has full legal authority to execute this contract and that each party has to be bound by the terms and conditions contained in the contract. This contract represents the entire agreement between the parties and any change will be made in writing, executed by both parties.
CLAUSE 14 - CONFIDENTIALITY:
The product offered for sale is subject only to the terms and conditions contained in this contract and are strictly confidential between the BUYER and the SELLER.
a period not exceeding five (5) years from the date of this contract.
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发帖时间 - 2006/6/9 9:43:30