Seller must bear dead freight it seller unable to

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– Seller must bear dead freight it Seller unable to ship the full contracted quantity regardless of whatsoever reason. – Buyer must bear 10% value contract, if the vessel unable to present loading port before ........ – Buyer must bear 100% value contract, if the vessel is presented at loading after ..... 11/ INSURANCE : Shall be covered by the Buyer 12/ CLAIM The Seller as the ability for processing the inspection of goods before shipment and to bear all expenses occured. In the case of loss or damage after goods landed at port of arrival all by the Buyer shall be made claim for quantity must be presented two month after arrival of goods at Klang Port, Malaysia , claim for quality within three month after the goods at Klang Port, Malaysia , and shall be confirmed in writting together with survey report of the goods inspection office of the Malaycontrol. The survey report of Malaycontrol should be regards as final. Whenever such claim is to be proved as of the seller's responsibility. The seller shall settle without delay. 13/ FORCE MAJEURE Force Majeure Event A "Force Majeure Event" is an occurrence or outcome resulting from causes not reasonably within a Party’s control and not caused by such Party's negligence (or that of its agent, supplier, contractor or subcontractor) or lack of due diligence. Force Majeure Events shall include, but not be limited to, any of the following: (i) physical events such as acts of God, epidemics, landslides, earthquakes, volcanic activity or eruptions, fires, explosions, breakdown, damage, or necessity of emergency repairs related to plants, equipment, or facilities such as fuel storage terminals or pipelines; 11
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(ii) weather related events such as lightning, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, tornadoes, floods, washouts; (iii) acts of others such as strikes, lockouts or other labor disputes or industrial disturbances, blockades, riots, sabotage, insurrections, invasions, usurped power, or wars; and (iv) acts of governmental authority such as closing of critical ports or highways by authorities, restrictive actions taken by civil or military authority (including, but not limited to, courts or administrative agencies), governmental actions such as necessity for compliance with any court order, law, statute, ordinance, or regulation promulgated by a governmental authority having jurisdiction, or inability to obtain required permits, licenses, or authorizations. Performance Performance of this Contract by each Party shall be pursued with due diligence. However, except as otherwise provided herein, neither Party shall be liable to the other for any loss or damage for delay or for nonperformance due to a Force Majeure Event. A lack of funds shall not constitute a Force Majeure Event. In the event of any delay or nonperformance caused by a Force Majeure Event, the affected Party shall provide verbal Notice of the Force Majeure Event to the other Party as soon as possible, but no later than twenty-four (24) hours following the
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