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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Under Article 2 (Purpose) of the Basic Facts, the buyer agrees to purchase the contractual products prior to the following set forth below in this contract: 8M 9,600 TON (including $166/TN) ton of 166/TON CFR (including EBS) (100-1,000 Kg) ton of 100 Kgs (100-1,000 Kg). The supplier agrees to sell them.
(3) The monthly supply volume shall be based on 800 tons per month, but if there is a change in the local production conditions of a supplier, the monthly supply volume may be adjusted through mutual consultation.
However, the total quantity of supply should be equal to or greater than the contract quantity.
(4) When a contract product arrives at a designated port, the supplier shall transfer B/L to the buyer in accordance with the B/L transfer contract and supply the franchise amount submitted by the supplier to the buyer before customs clearance.
(5) A supplier shall issue a invoice to a buyer at the time of supply for B/L transfer of goods under a contract, and the value of supply shall be governed by the B/L transfer agreement.
Article 4(Non-Terms and Conditions) (1) A buyer shall pay to the supplier an advance payment of USD 132,800,000, the first quantity to be supplied, within seven days after submitting the performance bond.
(4) The settlement method 1) shall be made in cash (USD) within three days after the issuance of B/L for the volume of each shipment made by the supplier from the first shipment of the goods. The supplier and the buyer under Article 5 (Preferential Supply and Purchase) have the right to mutual preferential supply and purchase for the contracted goods, and the buyer shall have the right to preferential use the goods of the supplier. The supplier shall preferentially supply the goods as required by the buyer. The supplier shall be deemed to have ordered monthly 800 tons of the goods in accordance with the order and acceptance order and this contract, and the buyer shall not submit a separate order.
(3) Time of delivery.