1. Quantity: The sale is subject to a tolerance of ten percent (10%) more or less in quantity at Seller's option unless otherwise confirmed by Seller in writing.
2. Shipment: From any Taiwanese port(s) Seller may load on vessel(s) at Seller's discretion, in one or more installments, with or without transshipment(s). The date of Bill of Lading is considered as the date of shipment. Each shipment is regarded as a separate contract.
3. Payment: Buyer shall arrange to establish Letter of Credit of a prime bank in favor of Seller with the terms stipulated on the face of sales confirmation, for full amount of the contract, to reach Seller at least thirty (30) days before shipment. This Letter of Credit shall be stipulated as to remain valid at least fifteen (15) days after the date of shipment and permit partial shipment(s) and transshipment(s).
4. Inspection: Inspection(s) performed by the manufacturer and/or Seller is considered final and conclusive in respective of quality, contents and workmanship unless otherwise agreed upon by both Buyer and Seller.
5. Specification: Specification(s) and/or standard(s) of the merchandise and/or part thereof conformed to Seller's specification(s) and/or standard(s) are considered final unless otherwise confirmed by Seller in writing. Slight latitude shall be allowed in matching quality, design, color, width, size, printing, thickness, softness, etc.
6. Make Up, Marking, Packing, Etc.: Buyer shall furnish Seller with necessary instructions for make-up, packing marking, inscription of origin and/or other arrangement in writing within a reasonable time prior to the time of shipment stipulated in the contract, failing which, Seller's description shall be allowed. Standard export packing applied to for this kind of merchandise shall be accepted.
7. Patent, Trademark, Design Etc.: Buyer shall be fully responsible for all disputes with regards to patent, trademark, copyright, design, stamp, etc. used by Seller pursuant to instruction of Buyer.
8. Insurance: In case of C.I.F. or C.&I. terms, ordinary marine insurance and war risk only shall be effected by Seller for invoice amount plus ten percent (10%) thereof. In case of F.O.B. term or CFR terms, Buyer shall provide an open cover or provisional insurance before the time of shipment, and L/C to exempt Seller from insurance.
9. Force Majeure: Seller shall not be responsible for non-fulfillment or delayed performance of all or part of the contract, due to direct or indirect to Act of God, government orders or restrictions, war, warlike conditions, hostilities, sanctions, mobilization, blockade, embargo, detention, revolution, riot, looting, strike, lockout, epidemic, fire, breakdown or accident in course of manufacturing, preparation or transportation of the goods or any other cause(s) or circumstance(s) or beyond Seller's control, and such non-fulfillment shall be operated as cancellation of contract to the extend of such non-fulfillment.
10. Default: Buyer shall be liable for result(s) arising from his failure or delay in providing L/C and/or necessary instructions or else, in conformity with the terms and conditions prescribed thereof. Seller reserves the right to re-sell or hold the risk of Buyer or to cancel the contract without bearing any responsibility.
11. DISCREPANCY: In case of quality or quantity discrepancy, any claim by buyer should reach Seller within 30 days after the arrival of the goods at port of destination stated in Bill of Lading, accompanied with satisfactory evidence(s). It is understood that the Seller shall not be liable for any discrepancy of the goods shipped due to causes for which the Insurance Company, Shipping Company, other transportation organization or Post Office are liable. Seller's payment of claim shall be subject to approval of the Republic of China government.
12. Arbitration: All disputes shall be settled as amicably as possible by Buyer and Seller, failing which, the same shall be referred to arbitration in the respondent's country. This arbitration shall be final and binding on both parties, and the losing party shall bear its costs.