检验与质量/重量条款

INSPECTION AND QUALITY / QUANTITY CLAUSE



国际贸易合同中一般都订有检验条款，其目的是为了让买方检定商品的品质、数量和包装是否符合合同规定的要求，以检查卖方是否已按合同履行其交货义务，并在发现卖方所交货物与合同要求不符时，给予买方以拒收货物或提出索赔的权利。检验条款主要包括检验内容、检验时间、检验地点、检验机构、检验标准和检验证书等内容。



Inspection and Quality / Quantity 商品检验：

以中国___所签发的品质/数量/重量/包装/卫生检验合格证书作为卖方的交货依据。

Inspection：The Inspection Certificate of Quality / Quantity / Weight / Packing / Sanitation issued by___of China shall be regarded as evidence of the Sellers’ delivery.



商品检验：双方同意以制造厂出具之品质及数量或重量检验证明书作为卖方向付款银行议付货款单据之一。但货物的品质及数量或重量的检验应按下列规定办理：

Inspection ： It is mutually agreed that the certificates of quality and quantity or weight issued by the Manufacturer shall be part of the documents to be presented to the paying bank for negotiation of payment． However， the Inspection of quality and quantity or weight shall be made in accordance with the following ：



异议：品质异议须于货到目的口岸之日起30天内提出，数量异议须于货到目的口岸之日起15天内提出，但均须提供经卖方同意的公证行的检验证明。如责任属于卖方者，卖方于收到异议20天内答复买方并提出处理意见。

Discrepancy：In case of quality discrepancy, claim should be lodged by the Buyers within 30 days after the arrival of the goods at the port of destination, while for quantity discrepancy, claim should be lodged by the Buyers within 15 days after the arrival of the goods at the port of destination. In all cases, claims must be accompanied by Survey Reports of Recognized Public Surveyors agreed to by the Sellers. Should the responsibility of the subject under claim be found to rest on the part of the Sellers, the Sellers shall, within 20 days after receipt of the claim, send their reply to the Buyers together with suggestion for settlement.



检验：重量由水尺检验方法测定，而重量及质量检验标准由俄罗斯的商检机构抽取样本进行检验，并出具检验报告为首要标准。相关的证书将作为最终结算依据之文件。

Inspection: Inspection weight to be determined by DRAFT SURVEY INSPECTED also with quality analysis based on certificate issue by the commodity inspection authorities. The relevant certificates shall be final document for any payment.



商品检验：卖方须在装运前_____日委托检验机构对合同之货物进行检验并出具检验证书，货到目的港后，由买方委托____检验机构进行复检。

Goods inspection: The sellers shall have the goods inspected by Inspection Authority days before the shipment and issued the Inspection Certificate. The buyers shall have the goods respected by Inspection Authority after the goods arrival at the destination.



卖方在发货前由检验机构对货物的品质、规格和数量进行检验，并出具检验证明书。 货物到达目的的口岸后，买方可委托当地的商品检验机构对货物进行复检。

The buyers shall have the qualities , specifications , quantities of the goods carefully inspected by the Inspection Authority , which shall issue Inspection Certificate before shipment. The buyers have right to have the goods inspected by the local commodity inspection authority after the arrival of the goods at the port of destination.

货物到目的地后由CIQ检验，其出具的重量检验证书（包括对欺诈棉包和混杂棉包的认定）和质量检验证书（如有残破还应出具残损证书），作为买卖双方结算和索赔的依据。

CIQ will conduct inspections after the goods arrive at the destination and issue the weight inspection certificate (including the confirmation of false packed bale and mixed packed bale) and the quality inspection certificate (such as the damage certificate if the cotton is damaged), which shall be the basis for the settlement and claims between the Seller and the Buyer.



重量不复验。报验人对CIQ质量检验结果有异议的，可在收到检验结果之日起15日内，向做出检验结果的CIQ或者国家质量监督检验检疫总局申请复验。复验只对抽取留存的样品，复验结果为最终依据。

No weight re-inspections. If the applicant has objections to the CIQ quality inspection result, such applicant may apply for a re-inspection with the CIQ that renders the inspection result or with the General Administration of Quality Supervision, Inspection and Quarantine within 15 days after the receipt of the inspection result. The re-inspection will only be conducted to the sampled samples and the re-inspection result shall be final.



检验（Inspection） （以下两项任选一项）：

（1）卖方须在装运前＿＿日委托＿＿＿＿＿＿检验机构对本合同之货物进行检验并出具检验证书，货到目的港后，由买方委托＿＿＿＿＿＿＿＿检验机构进行检验。

The Seller shall have the goods inspected by ______ days before the shipment and have the Inspection Certificate issued by____. The Buyer may have the goods respected by ________ after the goods arrival at the destination.



(2) 发货前，制造厂应对货物的质量、规格、性能和数量/重量作精密全面的检验，出具检验证明书，并说明检验的技术数据和结论。货到目的港后，买方将申请中国商品检验局(以下简称商检局)对货物的规格和数量/重量进行检验，如发现货物残损或规格、数量与合同规定不符，除保险公司或轮船公司的责任外，买方得在货物到达目的港后＿＿日内凭商检局出具的检验证书向卖方索赔或拒收该货。在保证期内，如货物由于设计或制造上的缺陷而发生损坏或品质和性能与合同规定不符时，买方将委托中国商检局进行检验。

The manufacturers shall, before delivery, make a precise and comprehensive inspection of the goods with regard to its quality, specifications, performance and quantity/weight, and issue inspection certificates certifying the technical data and conclusion of the inspection. After arrival of the goods at the port of destination, the Buyer shall apply to China Commodity Inspection Bureau (hereinafter referred to as CCIB) for a further inspection as to the specifications and quantity/weight of the goods. If damages of the goods are found, or the specifications and/or quantity are not in conformity with the stipulations in this Contract, except when the responsibilities lies with Insurance Company or Shipping Company, the Buyer shall, within _____ days after arrival of the goods at the port of destination, claim against the Seller, or reject the goods according to the inspection certificate issued by CCIB. In case of damage of the goods incurred due to the design or manufacture defects and/or in case the quality and performance are not in conformity with the Contract, the Buyer shall, during the guarantee period, request CCIB to make a survey.



买卖双方同意以装运港（地）中国出入境检验检疫局签发的质量和重量（数量）检验证书作为信用证项下依附单据的一部分。买方有权复检，复检费用买方承担。如发现质量和/或重量（数量）与合同规定不符，买方有权向卖方索赔，但必须提供经买方同意的公证机构出具的检验报告，索赔期为货物到达目的港后XX天内。

It is mutually agreed that the certificate of Quality and Quantity(or weight) issued by General Administrate of Quality Supervision Inspection and Quarantine of the People's Pepublic of china at the port/place of shipment shall be part documents to be presented for engotiation under the relevant L/C. The buyers shall have the right to reinspect the quality and quantity（or weight）of the cargo. The reinspection fee shall be by the buyers. Any claim by the buyers the goods regarding the goods shipped shall be lodged within XX days after the arrival of the goods at the port/place of destination and supported by a survey report issued by a surveyor approved by both parties.



买卖双方同意以装运港 检验机构签发的品质和重量检验证书作为信用证项下议付所提交的单据的一部分，买方有权对货物的品质和数量进行复检，复检费由买方承担。买方对装运货物的任何索赔，须于货物到达目的港后 天内提出，并须提供经卖方同意的公证机构出具的检验报告。

It is mutually agreed that the certificate of quality and weight issued by surveyor at the port of shipment shall be part of the documents to be presented for negotiation under the relevant weight of the cargo. ‘The re-inspection fee shall be borne by the buyer. The claim with the cargo, if any shall be lodged to the seller within days after arrival of the cargo at the port of destination.



如果通过终验收，买方和卖方应立即签署终验收证书。如果未通过验收且责任在卖方,卖方应立即通过修理或更换以使货物最终符合合同规定。

Once the final acceptance is made, the final acceptance certificate shall be signed by the Buyer and the Seller immediately. If the final acceptance cannot be made due to fault of the Seller, the Seller shall immediately solve the problem via replacement or repairing so as to make the goods in conformity with the Contract.



进口合同检验检疫条款

It is mutually agreed that the certificate of Quality and Quantity(or weight) issued by surveyor shall be part of the documents for payment under relevant L/C. however, the Inspection of quality and quantity or weight shall be made in accordance with the follwing. In case quality .quantity or weight .of goods be founded not in conform with those stipulated in the contract after reinspecification by state Administration for Entry—Exit Inspection and Quarantine of China within XX days after arrival of the goods at the port of destination，the buyers shall return the goods to or lodge claim the sellers for compensation of losses upon the strength of Inspection Certificate issued or the carriers are liable. All expenses（inclding insures fees）and losses arising from the return of the goods claims should be borne by the sellers .In such case, the buyers may if so required, send a sample of the goods in question to the sellers. Provided that the Sampling is feasible.

买卖双方同意以制造厂（或某公证行）出具质量和重量检验证书作为有关信用证项下付款单据之一，但不做为商品检验的最后依据，货物地道目的港卸货后XX天内经中国出入境检验检疫局复检，发现质量和/重量（数量）与本合同规定不符时，除属保险公司或承运人负责者外，买方凭中国出入境检验检疫局出具的检验证书 ，可向卖方提出退货和索赔。所有因退货和索赔引起的一切费用（包括检验费）及损失均由卖方负担，在这种情况下，如果抽样是可行的，买方可应卖方要求将有关货物的样品寄给卖方



发货前，制造厂商应对货物的质量、规格、性能和数量/重量作精密全面的检验，出具检验证明书，并说明检验的技术数据和结论。

Before the delivery is made, the manufacturer should make a precise and comprehensive inspection on the goods with respect to the quality, specification, performance and quantity/weight and issue an Inspection Certificate specifying the technical data and conclusion of the inspection.



卖方在装运货物时应按买方代理要求提供办理清关手续的相关文件，并在货物装运后48小时内以快递形式寄送买方代理。买方代理在办理清关过程中如因政府要求需补充相关文件的，卖方应在买方代理通知后24小时内以快递形式寄送买方代理。如卖方未能按时提供清关资料，导致报检报关延迟，货物滞留，由此造成的相关损失由卖方承担。

While shipping the goods, the Seller should, according to the requirements of the Buyer’s Agent, submit the relevant documents required for the disposal of customs clearance procedures and, within forty-eight (48) hours upon completion of the shipment, mail to the Buyer’s Agent by express service. Where the Buyer’s Agent is required by the Government to provide additional related documents during the disposal of customs clearance, the Seller should, within twenty-four (24) hours since the Buyer’s Agent gives a notice, mail to the Buyer’s Agent by express service. If the Seller fails to submit relevant documents required for the customs clearance on time, thus causing a delay in the inspection and customs declaration and that the goods are detained, then any relevant loss incurred thereby shall be borne by the Seller.



货到目的港后，如中华人民共和国质量监督和检验检疫局 (以下简称国家检验检疫局)需对货物进行放射性物质等专项检测，且检测结果超标引发退货或需滞留待检，则在此期间所产生的任何相关费用由卖方负担。

After the goods arrive at the port of destination, if the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (hereinafter to be referred as “AQSIQ”) needs to conduct a radioactive material and other specific inspection on the goods, and if the inspection results exceed the limit, thus causing the goods to be returned or detained for further inspection, then any relevant fees incurred during such period shall be borne by the Seller.



货到目的港后，买方代理将向中华人民共和国质量监督和检验检疫局 (以下简称国家检验检疫局)申请对货物的规格和数量/重量进行复检，若发现货物残损，规格和数量与合同规定不符，除保险公司或运输公司的责任外，买方或其代理应在货物到达目的港后90日内凭国家检验检疫局出具的检验证明书向卖方索赔或拒收该货物。

After the goods arrive at the port of destination, the Buyer’s Agent shall apply the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (hereinafter to be referred as the “AQSIQ”) for further inspection on the specifications, quantity or weight of the goods. During the inspection, if it is found that the goods are damaged or the specifications and quantity of the goods are inconsistent with those under the Contract, besides the insurance company or the transportation company, the Buyer or the Buyer’s Agent should also make a claim against the Seller or reject the goods against the Inspection Certificate issued by the AQSIQ within ninety (90) days upon arrival of the goods at the port of destination.



甲方验收时，如果发现乙方产品货物不符合本合同约定时，应妥善保管产品货物，在7天之内向乙方提出书面异议，如甲方未按规定期限提出书面异议的，则视为乙方所提交的产品货物符合本合同约定，甲方不得以其他理由拒绝支付乙方产品货款。

If Party B’s Products fail to meet the standard and requirements provided in this Contract during the Inspection and Acceptance undertaking by Party A, Party A shall, while keeping such products in secure and good condition, notify Party B its objection in written within 7 days of receipt of Party B’s Products. If Party A fails to notify Party B its objection on such products in written prior to the expiration of the above time limit, all products delivered by Party B shall be deemed eligible and qualified under this Contract and subsequently Party A shall have no reason to withhold the payment of Party B’s Products.



在交货前制造商应就订货的质量、规格、数量、性能作出准确全面的检验，并出具货物与本合同相符的检验证书。该证书为议付货款时向银行提交单据的一部分，但不得做为货物质量、规格、数量、性能的最后依据，制造商应将记载检验细节的书面报告附在品质检验书内。

Before delivery the manufacturer should make a precise and overall inspection of the goods regarding quality, quantity, specification and performance and issue the certificate indicating the goods in conformity with the stipulation of the contract. The certificates are one part of the documents presented to the bank for negotiation of the payment and should not be considered as final regarding quality, quantity, specification and performance. The manufacturer should include the inspection written report in the Inspection Certificate of Quality, stating the inspection particulars.



双方同意以装运港中国进出口商品检验局签发的品质及数量检验证书为最后依据对双方具有约束力

It is mutually agreed that the goods are subject to the Inspection certificate of Quality and Inspection certificate of Quantity issued by China Import and Export at the port of shipment. The certificate shall be binding on both parties.



应提交装运口岸中国出入境检验检疫局签发的重量证。

The certificate of quantity issued by China Entry--Exit Inspection and Quarantine Bureau at the port of shipment is to be submitted.