国际商事合同笔记 第二章Part9

17. PERFORMANCE BOND, WARRANTY BOND AND REFUND BOND **（**履约保证金、质量保证金和预付款保证金） 17.1 Performance Bond（履约保函） In order to assure the Buyer that the Seller’s obligations under the Contract shall be performed and fulfilled, the Seller shall establish a Performance Bond in the amount of ten percent (10%) of the Contract Price, which shall be maintained from the Effective Date of the Contract to the date plus two (2) months from the last delivery date of the Equipment in the form of an absolute and unconditional bank guarantee to be issued by a first-class bank or any other type of guarantee acceptable to the Buyer and in favor of the Buyer and to be advised to the Buyer as specified in Article 30 hereof through a prime bank or to be directly mailed to the Buyer. The Performance Bond shall be payable on demand and unconditionally at the Buyer’s request for payment which comprises an invoice and the Buyer’s simple statement that the Seller has failed to comply with any term and condition set forth in the Contract. The Buyer shall be entitled to withdraw corresponding amounts out of the Performance Bond in the event that the Seller defaults on its obligations under the Contract.

16. WARRANTIES**（**保证） 16.1 The Seller shall warrant that all the Equipment supplied by the Seller shall, except for normal wear and tear, be new and free from defects, be of first class workmanship and materials and show no defects due to faulty design, materials or workmanship under normal operating conditions. 卖方应保证，除正常磨损外，由卖方提供的所有设备均应为全新而无缺陷的，是以第一流的工艺和材料制造的，在正常使用情况下不会因错误的设计或不良的材料或工艺而引起损坏。

15. LIQUIDATED DAMAGES**（**损失的清算） 15.1 Liquidated Damages for Delayed Delivery（延迟交货的违约赔偿金） In case there is a delay in the delivery of the Equipment beyond the date of delivery specified in the Contract due to reasons attributable to the Seller, the Buyer is entitled to claim liquidated damages per day of delay in an amount equivalent to one tenth of one percent (0.1%) of the contract amount including V.A.T. of the Unit of Supply to which the delayed Equipment Such liquidated damages shall not exceed five percent (5%) of the contract amount including V.A.T.

4. CONTRACT PRICE AND PAYMENT TERMS**（**合同价格与付款条件） 4.1 The Contract Price is made on a fixed price basis and consists of the prices for all the supplies and services in the Article 3.1 hereof. However, the Contract Price is subject to any valid adjustments made through the application of the relevant provisions in the Contract.

3. SCOPE OF CONTRACT**（**合同范围） 3.1 The Seller shall provide the following supplies and services under the terms and conditions of the Contract as more fully set out in the Contract Specifications: 卖方应根据合同条款提供下列供货和服务，详见技术合同：

2. EFFECTIVE DATE OF CONTRACT**（**合同生效日期） 2.1 The Contract shall become fully effective and binding upon both parties hereto on the date on which all of the following conditions have occurred and been fulfilled: 满足下列条件后，该合同生效并对合同双方产生约束：