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Application
We supplies exclusively on the basis of the general conditions of
delivery (T&Cs) that are presented on the back side of our
biz-papers. These general conditions of delivery shall apply at this
supply and any subsequent supplies. The conflicting conditions are
hereby expressly excluded. This are conception, terms, definitions,
abbreviations which both parties are treating unequivocally.
1.
Subject
(a) The Supplier must provide the goods and the commercial invoice,
and also its equivalent electronic message, in conformity with the
order and any other evidence of conformity which may be required by
the order.
(b) The Purchaser must pay the price as provided in the order.
2.
Payment
(a) The supplier is not obliged to give any inquiry or to execute
any formalities the prices connected to payment by the Purchaser. If
the order involves freightage of the goods, the Supplier may
dispatch the goods on terms whereby the goods, or documents
controlling their disposition, will not be handed over to the
Purchaser except against payment of the price.
(b) The Purchaser must pay the price on the date fixed by or
determinable from the order without the need for any request or
compliance with any formality on the part of the Supplier.
3. Formalities
(a) The Supplier must obtain at his own risk and expense any export
license or other official authorization and carry out all customs
formalities necessary for the export of the goods.
(b) The Purchaser must obtain at his own risk and expense any import
license or other official authorization and carry out all customs
formalities for the import of the goods.
4. Freightage
(a) The Supplier has no obligation. However, if requested by the
Purchaser or if it is commercial practice and the Purchaser does not
give an instruction to the Supplier in due time, the Supplier make
the freightage on usual terms at the Purchaser's risk and expense.
In either case, the Supplier may decline to make the freight but, if
he does, shall promptly notify the Purchaser accordingly in this
order.
(b) The Purchaser must make the freightage at his own expense from
the named place, except when the freightage is made by the Supplier
as provided in the order.
5.
Delivery
(a) The Supplier must deliver the goods to the Freight Forwarder
nominated by the Purchaser, or chosen by the Supplier, at the named
place on the date or within the period agreed for delivery. Delivery
is completed, when the goods are placed at the disposal of the
Freight Forwarder nominated by the Purchaser, or chosen by the
Supplier on the Supplier's means of transport not unloaded.
(b) The Purchaser must take delivery of the goods when they have
been delivered in accordance with provisions of Freightage.
(c) The general condition of delivery is subject to FCA conditions,
if not will be indicated other trade term of Incoterms-2000, for
example, CPT conditions when the Supplier has obligation of the
freight.
6.
Risks
(a) The Supplier must bear all risks of loss of or damage to the
goods until such time as they have been delivered to the Freight
Forwarder.
(b) The Purchaser must bear all risks of loss of or damage to the
goods from the time they have been delivered to the Freight
Forwarder, and from the agreed date or the expiry date of any agreed
period for delivery or because the Freight Forwarder nominated by
the Purchaser fails to take the goods into his charge at the agreed
time, or because the Purchaser fails to give appropriate notice to
the Freight Forwarder, provided, however, that the goods have been
duly appropriated to the order, that is to say, clearly set aside or
otherwise identified as the order goods.
7. Charges
(a) The Supplier must pay all charges relating to the goods until
such time as they have been delivered to the Freight Forwarder and
the charges of customs formalities as well as all duties, taxes, and
other charges payable for export.
(b) The Purchaser must pay all charges relating to the goods from
the time they have been delivered to the Freight Forwarder, and any
additional charges incurred, either because the Freight Forwarder
nominated by the Purchaser fails to take the goods into his charge
at the agreed time, or because Purchaser has failed to give
appropriate notice to the Freight Forwarder, provided, however, that
the goods have been duly appropriated to the order, that is to say,
clearly set aside or otherwise identified as the order goods, and
all duties, taxes and other charges as well as the charges of
carrying out customs formalities payable for import of the goods and
for their transit through any country.
8. Notices
(a) The Supplier must give the Purchaser sufficient notice that the
goods have been delivered to the Freight Forwarder. Should the
Freight Forwarder fail to take delivery at the agreed time the
Supplier must notify the Purchaser accordingly.
(b) The Purchaser must give the Supplier sufficient notice of the
name of the Freight Forwarder designated in Purchaser's Order and,
where necessary, specify the mode of transport, as well as the date
or period for delivering the goods to him and, as the case may be,
the point within the place where the goods should be delivered to
the Freight Forwarder. |
9.
Transport document
(a) The Supplier must provide the Purchaser at the Supplier's
expense with the usual transport document of delivery of the goods
in accordance with provisions of order.
(b) The Purchaser must accept the transport document of the order.
10.
Inspection
(a) The Supplier must pay the costs of those checking operations
(such as checking quality, measuring, weighing, and counting) which
are necessary for the purpose of delivering the goods. The Supplier
must provide at his own expense packaging which is required for the
transport of the goods, to the extent that the circumstances
relating to the transport (for example modalities, destination) are
made known to the Supplier in the order. Packaging is to be marked
appropriately.
(b) The Purchaser must pay the costs of any pre-shipment inspection
except when such inspection is mandated by the authorities of the
country of export.
11.
Guarantees
(a) The Supplier is liable in accordance with the order for any
defect which exists at the time when the risk passed to the
Purchaser, even though the defect becomes apparent only after that
time and which is due to a breach of any of his obligations,
including a breach of any guarantee that for a period of time the
goods will remain fit for their ordinary purpose or for some
particular purpose or will retain specified qualities or
characteristics.
(b) The Purchaser loses the right to rely on a defect of the goods
if he does not give the Supplier notice thereof at the latest within
a period of two years from a date on which the goods were actually
handed over to the Purchaser, unless this time-limit is inconsistent
with the ordered period of guarantee.
12.
Sanctions
(a) The Supplier may require the Purchaser to pay the price, take
delivery or perform his other obligations under this order, if the
Purchaser fails to perform any of his obligations.
(b) The Purchaser may require the Supplier to return the price, make
delivery, reduce the price or substitute of the goods or perform his
other obligations under this order, if the Supplier fails to perform
any of his obligations.
(c) The Supplier or the Purchaser shall no event be liable for loss
of profit, damages to plant or any consequential or special loss or
damage sustained by this order.
13.
Force Major
The Supplier or the Purchaser is not liable for a failure to perform
any of his obligations if he proves that the failure was due to an
impediment beyond his control and that he could hot reasonably be
expected to have taken the impediment into account at the time of
the conclusion of the order or to have avoided or overcome it or its
consequences.
14.
Arbitration
If at any time any question, dispute or difference whatsoever shall
arise between the Supplier and Purchaser upon or in relation to or
in connection with the order, then either party may give notice to
the other party in writing of such question, dispute or difference
and the same shall be referred to arbitration by a sole arbitrator
to be agreed between the parties, and failing agreement within one
month from receipt of the said notice to be appointed at the request
of either party by the President for the time being of the Ukrainian
Chamber of Commerce in Kiev. This submission to arbitration shall be
in accordance with and subject to the provision of the Arbitration
Act 1996 and any statutory modification or re-enactment thereof for
the time being in force.
15.
Law
This order shall in all respect be governed by and construed
according to Ukraine Law and the United National Convention on
Contract for the International Sales of Goods, UN\CISG -1980 and the
International Chamber of Commerce on International Rule for the
Interpretation of Trade Terms, INCOTERMS-2000.
16.
Other obligations
(a) The Supplier must render the Purchaser at the latter's request,
risk and expense, every assistance in obtaining any documents or
equivalent electronic messages (other than those mentioned in this
order) issued or transmitted in the country of delivery and/or of
origin which the Purchaser may require for the import of the goods
and, where necessary, for their transit through any country. The
Supplier must provide the Purchaser, upon request, with the
necessary information for procuring insurance.
(b) The Purchaser must pay all costs and charges incurred in
obtaining the documents or equivalent electronic messages mentioned
in this case and reimburse those incurred by the Supplier in
rendering his assistance in accordance therewith and in the
freightage in accordance with provisions of the Freight Forwarder.
The Purchaser must give the Supplier appropriate instructions
whenever the Supplier's assistance in the freightage is required in
accordance with provisions of the Freightage.
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