Quality Insurance Clause

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📖 Detailed Explanation

The Quality Insurance Clause is a provision in international trade contracts stipulating that the seller must insure the quality of the goods with an insurance company. If the quality of the goods does not conform to the contract, the insurance company shall compensate the buyer for losses within the scope of coverage. This clause is commonly found in transactions involving machinery, precision instruments, and other goods with high quality requirements. Usage scenarios: When the buyer doubts the seller's quality assurance capability, or when the goods require long-distance transportation and carry high quality risks, the parties may agree to include this clause. Precautions: The scope of coverage, insured amount, claim conditions, and exclusions must be clearly defined; insurance companies typically require the seller to provide a quality inspection certificate. Difference from the 'Quality Guarantee Clause': the latter is a direct quality commitment by the seller, while the Quality Insurance Clause introduces a third-party insurance company to share the risk; difference from 'Product Liability Insurance': the former addresses quality non-conformity as agreed in the contract, while the latter addresses personal injury or property damage caused by the product.

📝 Examples

1. According to the Quality Insurance Clause in Article 12 of the contract, the seller must insure the goods against quality risks with an insurance company before shipment, with the insured amount being 110% of the invoice value. If inspection upon arrival reveals that the quality is below the agreed standard, the buyer has the right to claim compensation from the insurance company. (Note: Clarifies the insurance obligation and claim path) 2. This transaction of precision instruments is subject to the Quality Insurance Clause. The seller has submitted a quality insurance policy issued by the insurance company. If temperature and humidity changes during transportation cause a decline in instrument precision, the buyer will apply to the insurance company for compensation with a commodity inspection certificate. (Note: Demonstrates a specific risk scenario and the basis for claims)

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