11. WARRANTY:
The seller warrants that all commodity will conform to the description set out in Clause 1, Save as aforesaid all representations, conditions and warranties of whatsoever nature are hereby excluded and extinguished.
12. LICENSES, DUTIES AND TAXES:
Except as other wise provided herein, all import permits and licenses and the import duties, customs fees and all taxes levied by any government authority other than the seller’s country shall be the sole responsibility of the buyer.
13. FORCE MAJEURE:
The time for the performance of the seller’s obligations set forth in this contract shall be automatically extended for a period equal to the duration of any non- performance arising directly or indirectly from force majeure events including but not limited to fire, flood, earthquake, typhoon, natural catastrophe, and all other contingencies and circumstances whatsoever beyond the seller’s reasonable control preventing, hindering or interfering with the performance thereof. The seller so prevented by force majeure shall in reasonable time inform the buyer by cable or telex of the occurrence of force majeure and within one month by air mail a relevant certificate issued by competent authorities as evidence thereof. If the non-performance lasts for more than sixty(60)days, the parties shall immediately consult together in an effort to agree upon a revised contract basis. If the Parties are unable to arrive at a mutually satisfactory solution within one hundred and twenty (120) days from the beginning of such force majeure, then either of the parties may terminate the contract in respect of the unexecuted portion of the contract.
14. CLAIMS:
Should the quality, quantity and/or specification of the commodity be found not in conformity with the description set out in Clause one, the seller agrees to examine any claim, which shall be supported by a report issued by a reputable surveyor approved by the seller, claims concerning quality shall be made in writing within three months after the arrival of the goods at the port of destination. Claims concerning quantity and/or specification shall be made in writing within fifteen days after the arrival of the goods at the port of destination. In no event shall the seller be liable for lost profits, delay, injury to goodwill or any special or consequential damages howsoever any of the same are caused.
The seller’s liability for any and all losses or damages of whatsoever nature resulting from any cause whatsoever shall in no event exceed the portion of the Total Contract Price attributable to commodity in respect of which the claim is made, or at the election of the seller, the repair or replacement of such commodity.