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Извещение об отгрузке товара

P. 57 reading

Text A

The Sellers are to cable the Buyers within 24 hours of shipment stating the following data: date of shipment, Contract #, denomination of the goods, number o cases, weight, ship’s name, B/L number, Trans#.

The Sellers are to send by Captain’s mail non-negotiable copy of the Bill of Lading and Specification.

Text B

1) The Sellers are to inform the Buyers by telex not later than 50 days before the date of readiness of the equipment for loading on the board the ship at the port of______ specifying the total gross weight and volume in cubic meters of the consignment to be shipped and the packages whose weight is over 10 tons, and the cargo having the length of more than 10 metres stating their quantity, weight and sizes (length, width and height).

On receipt of the said notification the Buyers are to advise the Sellers of the port of shipment, the name of the vessel and the date of its arrival in the port not later than 10 days before the arrival of the vessel in the port of shipment.

2) If in accordance with the term and conditions of the Contract the equipment is delivered to the port of shipment but due to reasons beyond the Sellers’ control is not loaded on the board the vessel or the vessel does not arrive by the time fixed, the Sellers undertake to secure safe storage of the equipment to the port of shipment at their own expense.

Upon expiration of the period of time stated above the equipment, before it is loaded on the board the ship, is to be stored for the Buyers’ account.

The above stated does not, however, release the Sellers from payment of expenses connected with the delivery of the equipment on FOB terms.

3) Within 24 hours of the loading of the equipment on the ship, the Sellers are to send the Buyers at their own expense a telex notifying of loading and specifying the following data: the name of the ship, the date of the shipment, destination port, description of goods, Contract#, Bill of Lading #, number of packages, net and gross weight.

This notification is to be confirmed by letter.

4) The following documents are to be sent to the Buyers with the Captain’s mail: manifest, two originals and two copies of specified invoices and three copies of sketches for the oversized, very long or heavy packages(if there are any) irrespective of the documents submitted to the bank for payment for the equipment being shipped as per Clause ... “Terms of payment” of the Contract.

5) If the Sellers fail to deliver the equipment to the port of shipment wholly or partially by the time and fail to notify the Buyers about it within 20 days of the dispatch date of the notification, all expenses connected with the dead freight or demurrage will be charged to the Sellers’ account.

6) The Sellers shall pay the Buyers penalty at the rate of 0.1 per cent of the value of the shipped equipment for non- notification or late notification of the effected dispatch of the equipment.

 

Упаковка и маркировка

P 66, reading

A

The packing of the goods to be shipped should be in accordance with the state standards existing in RF and ensure safety of the goods during transportation provided that the goods are duly handled.

Each package shall be provided with marking showing the place of destination, name of consignee, name of the Sellers, case number, gross and net weight and other marking which may be agreed upon between the Buyers and the Sellers beforehand.

B

Packing should protect the cargo from any damage, corrosion or shortage during transportation by all kind of transport involving several transhipments en rout.



A definiet kind of packing may be indicated in the Specifications to the Contract.

Each case is to contain a packing List indicating the denomination of the goods and spare parts, contract #, Case#, Item#, as per Specification, net and gross weights.

Packing Lists are to be inserted in each case in a waterproof envelope.

The Seller are to submit for the Buyers’ approval overall sketches of the equipment.

The size, weight and the centre of gravity of the case are to be indicated on each sketch.

The following marking is to be made in waterproof black paint on each case in Russian and English:

Top

With care

Do not turn over

Company name

Contract #

Case #

Gross weight...kg

Net weight...kg

Size of case (length, width, height in cm)

When delivering complete equipment, Case # is to be given in fraction, in which the numerator is the ordinal # of the case and the denominator is the total number of cases.

The Seller are to bear responsibility for any eventual losses and/or damage caused by inadequate or unsuitable packing or marking.

C

The goods are to be shipped in export seaworthy packing suitable for type of the goods to be delivered. The goods are to be packed in accordance with the dimensions of the rolling-stock of the railways in Russia. Packing is to protact the goods against any damage or corrosion when the goods are transported by sea and railway and to provide for possible transhipment of the goods on the way to be place of destination and for long storage of the goods. Packing of the goods is to be suitable for cranage.

The Seller are to issue a detailed Packing List for each case. The contents of the case, the quantity of the articles packed, their type and model, the works number, the corresponding number of the item in the Specification, net and gross weights, Contract number are to be indicated on the Packing List. One copy of the Packing List is a waterproof envelope is to be packed in the corresponding case together with the goods, and one copy of same, covered with a tin plate is to be fixed on the outer side of the case.

All cases are to be marked on two opposite sides and on the upper side. Each package should bear the following marks in indelible paint:

Contract #:

Sellers:

Buyers:

Case #

Gross weight...kg

Net weight...kg

Dimensions of the case in cm (length, width, height)

Package for which special handling is required should have additional marking:

“ with care”

“Top”

“Do not turn over”

As well as other indications, if necessary.

 

Unit 5. Payment.

Текст А.

Payment for the equipment delivered is to be effected in US dollars by transferring 100 % of the value of the completely delivered equipment to be paid after confirmation by the buyer’s Forwarding Agent of receipt of the following documents:

Original and two copies of the specified invoice,

Packing Lists in triplicate,

Test Report or Certificate of Quality,

Copy of the Export License, if required.

Payment is to be effected within 30 days of the date of receiving the documents. Payment is to be effected for equipment completely delivered to the buyer’s Forwarding Agent. All the expenses connected with the hand-over of the equipment to the Forwarding Agent are to be borne by the sellers.

Текст B.

Payment is to be effected in US dollars within… days of receipt by the Buyers through the RF Bank for foreign Economic Relations, Moscow, of the following documents:

Invoice-in quadruplicate

Full set of clean-on-board Bills of Lading issued in the name of the Buyers, with destination beign the port in Russia indicated bu the Buyers, or airway bill, or railway bill or post receipt

Certificate of Quality of the manufacturing Works or the Sellers’ Letter of Guarantee

Case per case Specification or Packing List – in duplicate.

Bank charges connected with the collection of documents are to be for the Sellers’ account.

Текст C.

The Buyers shall to open in the Seller’s Favour an Irrevocable Confirmed and Divisible Letter of Credit for the total value of the goods ready for shipment with Vnesheconombank of the RF, Moscow, within …. Days of the date of receiving the cable notification of the Sellers’ confirmation of the readiness of the goods for shipment.

Payment out of the Letter of Credit shall be effected against presentation by the Sellers to Vnesheconombank of the RF, Moscow, of the following documents:

1)…. Copies of Invoice

2) waybill, bill of lading, post receipt or airway bill,3)… copies of Shipping Specification

4) Quality Certificate issued by the manufacturing plant or by the Sellers.

All expenses connected with the establishment and possible prolongation of the Letter of Credit if such prolongation arises from the Buyers’ actions and also all bank fees connected with the establishment and payment out of the Letter of Credit shall be borne by the buyers.

If the opening of the Letter of Credit is delayed more than …. Days, the Sellers will be entitled to break the Contract and the losses connected with the non-performance of the present Contract are to be borne by the Buyers.

 

Unit 6. Export Licence.

Текст A.

1.The Sellers shall take care of and bear all the expenses connected with the obtaining of an Export Licence from the appropriate authorities for export to the RF of the equipment (submission of technical documentation) in the volume provided for by the present Contract. Copies of export licences shall be submitted to the Buyers before the signing of the contract.

2.If Export Licence are not granted or are revoked by the appropriate authorities, The Buyers have the right to cancel the Contract entirely or partially and demand return of the effected payments.

TextB

The Sellers shall take care of and bear all the expenses connected with the obtaining the necessary licence for the exportation of the goods under the present Contract. Not later then a month after the signing of the Contract the Sellers are to advise the Buyers if the export licence is granted.

In case the Sellers unable to obtain an export licence or the export licence is revoked by the appropriate authorities in the Sellers’ country before the end of deliveries or should its validity expire, the Buyers have the right to cancel the Contract wholly or partially.

Should the Contract be cancelled, the rights and obligations of the parties are to be defined in conformity with Clause 4 (Penalty).

 

Unit 7. Insurance

Текст А.

The Buyers are to take care of and to cover expenses for insurance of the goods with Ingosstrakh RF from the moment of their shipment from the Sellers’ port up to the moment of their arrival at the Buyers’ works.

Текст B.

The Sellers shall insure the goods delivered under the present Contract (on CIF terms) against the usual marine risks with the Insurance Agency of the Russian Federation in accordance with the Rules of Transport Insurance of the Agency for the invoice value of the goods.

The goods may be insured against other risks only on the instruction of the Buyer and at his own expense.

Текст C.

The Buyers are to take care of and to cover expenses for insurance of the goods with the Insurance Agency of the Russian Federation from the Sellers’ works up to the moment of their arrival at the Buyers’ works.

The expenses for insurance of the goods from the Sellers’ works up to the moment of loading at the rate of…% of the insurance amount are to be charged to the Sellers’ account and deducted from the Sellers’ invoices at the time payments are effected. Insurance within the whole period of transportation and transshipment is to be effected on “With Particular Average” conditions according to item 3. paragraph 2 of the “Rules of Transport Insurance of Goods” of the Insurance Agency of the Russian Federation including damage to the goods caused by cranes, oil, fresh water (excluding moistening) or by other cargo, breakage, theft of whole cases or their parts and non-delivery of cases in all the above-mentioned circumstances irrespective of the degree of the damage.

Within … month of signing the Contract the Buyers are to dend the Sellers the Insurance Policy issued in the name of the Sellers covering insurance of the goods from the Sellers’ works up to F.O.B. port of №.

Claims

Claim smth from smb – требовать что-то от кого-то, make a claim on smb – предъявлять претензию кому-то, conform to smth (correspond to smth) – соответствовать чему-либо, arbitration sample- арбитражная проба, exceed – превышать, on expiration – по истечении, for some reason or other – по той или иной причине, per annum – в год, at the rate of …% per annum – в размере …% годовых, registered letter – заказное письмо, put forward a claim – предъявлять претензию.

A)Claims can be made in respect of quality of the goods if it does not conform to that stipulated in the present Contract. The Buyers have the right to make a claim on the Sellers in respect of quality within 6 months of the date of delivery. Claims should contain the quantity and the name of the goods as well as the nature of the claim. Claims should be forwarded by a registered letter enclosing all the necessary documents justifying the claim. The Sellers have the right to inspect the correctness of the claim by their representative at the place of delivery. On expiration of the above-mentioned period no claims shall be accepted. No claims put forward in respect of any consignment of the goods can be used by the Buyers as s reason for refusal to accept all other goods to be delivered under the present Contract and pay for them.

B) If the quality of the arbitration sample does not correspond to the Contract Specifications, claims in respect of quality are to be submitted to the Sellers within 6 months of the date of delivery. Any claim received after that date will not be considered by the Sellers. A claim made by the Buyer for the total lot of the goods, or part thereof, does not give the Buyers the right to suspend the loading of the cargo or reject this quantity and/or other quantities under this Contract.

C) If the Sellers fail to deliver the goods in the time stipulated by the Contract they are to pay the Buyers a penalty at the rate of 1 % of the value of the goods delayed for each week during the first 3 weeks and 1% of the value of the goods for each following week of the delay in delivery. The total sum of the penalty, however, is not to exceed 1% of the value of the goods delayed. The sum of the penalty is to be deducted by the Buyers from the Sellers’ invoices when paying them. Payment of the penalty does not free the Sellers from their obligation to deliver the goods under the present Contract. Should the delay in delivery exceed 3 months, the Buyers have the right to cancel the Contract.

D)If the delivery date stipulated by the Contract is not observed, the Sellers are to pay the Buyers a penalty at the rate of 1% of the value of the equipment delayed for each week for the first four weeks of the delay, and 1 % for each following week thereafter. However, the total amount of the penalty is not exceeded 1 % of the value of the equipment delayed. In case of a delay exceeding 2 months, the Buyers have the right to cancel the Contract wholly or partially without any compensation for the losses the Sellers may sustain in connection with the cancellation. In this case the Sellers are obliged to pay the Buyers a penalty for the delay in delivery at the rate of 1% of the value of the equipment delayed and to return all the amounts received from the Buyers prior to the cancellation of the Contract, plus 2 % interest per annum. The rate of penalty is not subject to any alteration by arbitration. The penalty amount is to be deducted from the Sellers’ invoices when payment is effected by the Buyers. Should the Buyers fail to deduct the penalty sum from the Sellers’ invoice for some reason or other, the Sellers are to pay it immediately at the Buyers’ request.

 

Force-majeure(contingencies) Acts of God – стихийные бедствия, ban –запрет, earthquake – землетрясение, extend smt for – продлить что-то на, flood – наводнение, hostilities – военные действия, namely – а именно, occurrence and cessation – наступление и прекращение, reimburse (release) smb for smt – освобождать кого-то от чего-либо, strike – забастовка, suspend – приостановить, откладывать, terminate – прекратить. p.114 A) The parties will be released from their responsibility for partial or complete non-execution of their liabilities under the Contract, should this non – execution be caused by the circumstances of force majeure, namely – fire, flood or earthquake. The Party which is unable to fulfil its obligations under this Contract is to immediately inform the other Party of the occurrence and cessation of the above circumstances. Certificates issued by the Chamber of Commerce of the Sellers’ or the Buyers’ country, accordingly, will be proof of the existence and duration of such circumstances. Should the duration of the above circumstances exceed 3 months, each Party will have the right to suspend further fuifilment of its obligations under the Contract and in this case neither Party will have the right to demand any compensation for eventual losses from the other Party. The Sellers are obliged to immediately reimburse the Buyers for all the amounts received from the latter under the present Contract plus …% per annum. B) Should any circumstances arise preventing either of the parties from fulfilling their respective obligations under this Contract partially or in full, namely – acts of God, war, military operations of any character, blockade, a ban on exports or imports, the time of delivery under this Contract is to be extended for a period equal to that during which such circumstances will remain in force. The Sellers are to immediately advise the Buyers by cable of the beginning and cessation of the above circumstances preventing them from fulfilling their obligation. In case the delay in the delivery of the goods owing to the above circumstances is more than 3 months, the Buyers have the right to suspend fulfillment of the Contract in full or in respect of any part of the goods not delivered by the time stipulated and in this case the Sellers are not entitled to claim from the Buyers any compensation for eventual losses. Certificates issued by the Chamber of Commerce of the Sellers’ country will be sufficient evidence of such circumstances and their duration.

C) Should the performance of this Contract be prevented for a period of time by war, hostilities, embargo, blockade, strikes, acts of state or by any other cause beyond the control of either contractual party and considered to be force-majeure circumstances, the parties shall not be liable for non-observance of the contractual dates and the representatives of the Buyers and the Sellers are to meet immediately for consultations to agree upon measures to be taken. If the force-majeure circumstances occur on the territory of Russia, it shall be certified by the Russian Chamber of Commerce and Industry to the Sellers; if such circumstances occur outside the territory of Russia, it shall be certified by the Chamber of Commerce and Industry of the Buyers’ country. The contractual parties shall immediately notify each other of the occurrence of the force – majeure circumstances. In the event that any period of the declared force-majeure continues uninterrupted for more than 6 months either party shall have the right to terminate further performance of their obligations under the Contract and in that case neither party is entitled to claim from the other party compensation for the possible losses incurred.

Arbitration

Allocation – распределение, application to court – обращение в суд, arbitrator – арбитр, arise out of/from smth – возникать, происходить, arbitration award – арбитражное решение, issue (pass) an award – выносить решение, arbitration court – арбитражный суд, state court – государственный суд, court of law – общий суд, dispute – спор, конфликт, exclude – исключать, nominate an umpire – назначить третейского судью, by a majority of votes – большинством голосов.

P.121

A) All disputes and differences which may arise from the present Contract/or in connection with same are to be referred to the Arbitration Court at the RF Chamber of Commerce and Industry in Moscow in compliance with the rules and procedure of the said Court whose decisions are final and binding upon both parties. Application to the State courts is excluded.

B)All disputes and differences which may arise out of or in connection with the present Contract will be settled as far as possible by means of negotiations between the Parties. If the Parties do not come to an agreement, the matter, with the exception of recourse to Court of Law, is to be submitted for settlement to Arbitration, with its seat in Stockholm, Sweden. Arbitration shall be established as follows: The Party which wishes to refer the dispute to Arbitration shall notify the other Party by registered letter stating the name and address of the arbitrator chosen (who can be a citizen of any country) as well as the subject of the dispute, date and № of the Contract. Within 30 days of receipt of the above letter the other Party shall choose its arbitrator and inform the former Party of it by registered letter stating the name and the address of the arbitrator chosen. If the Party which has received the notification of the dispute being submitted to Arbitration fails to choose its arbitrator within the said period, the latter, at the other Party’s request, will be appointed by the President of the Chamber of Commerce in Stockholm within 30 days of the date of the application. Within 30 days the arbitrators shall choose an Umpire. If the arbitrators fail to agree upon the choice of an Umpire within 30 days after they have been nominated, the latter will be appointed, at the request of either Party, by the President of the Chamber of Commerce in Stockholm, Sweden. The award is to be issued by a majority of votes in accordance with the terms and conditions of the present Contract, and also the rules of the Russian Material Law. The arbitration award shall state the reasons for its decisions and contain information about the arbitration membership, time and place of the award passed, mention of the Parties’ right to state an opinion, as well as the allocation of the costs and expenses of the Arbitration between the Parties. The arbitration award is to be issued within 3 months after the Umpire has been chosen or appointed. The arbitration award is final and binding upon both Parties.

 

Other conditions

Addendum to a document – дополнение к документу, alteration – изменение, amendments to a document – исправления, поправки к документу, annex – приложения, assign smth to smb – передавать, переуступать, authentic – подлинный, collect smth – собирать, in written form-письменно, transfer (rights and obligations)– передавать (права и обязанности), valid – действительный, invalid - недействительный

P.128

A)All the appendices to the present Contract are considered to be its integral part. All the amendments and addends to the present Contract are valid only on condition of being made in written form and signed by both parties. Neither Party has the right to assign its obligations and rights under the present Contract to a third party without the written consent of the other Party. After signing the contract all the preliminary agreements, discussions and correspondence between the Parties concerning this Contract are to be considered invalid.

B)1.All taxes, dues and custom expenses on the territory of the Sellers’ country are borne by the Sellers.

2. In case of the cancellation of the Contract the Parties agree upon the return to the Sellers of the defective equipment, all expenses connected with storage and transportation of the equipment are borne by the Sellers.

3.After the Contract has been signed, all the preceding negotiations and correspondence pertaining to it become null and void.

4. The Sellers have the right to assign to a third party the fulfillment of the present Contract only with the Buyers’ written consent.

5. All amendments and addends to the present Contract shall be valid only if they are made in written form and duly signed by both Parties.

6.The present Contract is made in two copies, each in Russian and in English, both texts having equal force.

7.The present Contract together with the Appendices consists of … pages.

C)1.The Buyers are obliged to obtain an Import Licence. If the Buyers fail to obtainan Import Licence within 2 (two) months from the date of signing the Contract, the Sellers have the right to cancel the present Contract without any obligations on their part. The Buyers are to immediately inform the Sellers about obtaining the Import Licence.

2.Neither Party shall be entitled to transfer their rights and obligations under the present Contract to a third Party without the written consent of the other Contract Party.

3.All alterations and addends to the present Contract shall be valid only if they are made in written form and duly signed by both Parties.

4.All expenses and duties, namely: customs duties, taxes and also fees connected with the conclusion and fulfillment of the present Contract collected on the territory of Russia are to be paid by the Buyers and those outside the above-mentioned territory by the Sellers.

5. After signing the present Contract all preceding negotiations and correspondence pertaining to the same Contract become null and void.

6.The present Contract is made up in Russian and English, both texts being authentic.

7.Moscow is considered to be the place of signing the present Contract.

8.The present Contract together with the Annex(es) consists of … pages.

9. All Annexes the present Contract are considered to be its integral part.

 

 



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