Clause 20: SELLER LIABILITY
20.1 Goods shall be considered in “full quantity” if within tolerance provided under Section 5 and as per Delivery Schedule. “Date of delivery” shall be the date on the Bill of Lading.
20.2 Seller has the obligation to make consignment complete and make available for delivery the full quantity.
20.3 Failure to make available for delivery the full quantity within extended period will entail penalties at the daily rate of 0.3% (point three percent) pro rata temporize of the value of the undelivered goods. The total value of the penalties cannot exceed 5% (five percent) of the value of the undelivered goods at which time full breach is declared automatically.
20.4 Should the Buyer decide, at any time during the period of delivery, to take only a partial delivery rather than wait for the full quantity (if the quantity is already available in port and ready for loading) then the Seller will not be liable for liquidated damages.
Clause 21: BUYER LIABILITY
21.1 Any sums which the Buyer is liable as penalties, for which no provisions are made in this contract, are made against the invoice issued by Seller and by a top 50 rated bank transfer within maximum ten (10) banking days as for the submitted invoice date.
21.2 “Scheduled date of Arrival” means date when the vessel should be alongside quay and available to take delivery of the Goods as per both Seller and Buyer mutual notifications and provisions in Appendix No.3 hereto.