4.3. The Seller guarantees the correspondence to a quality Goods international standard and term Of contract.
5. THE PERIODS and TERM OF delivery.
5.1. Goods must be shipped one party in current not later 10 bank days since moment of the arrival of the payment on accounting count Seller.
5.2. The Terms of delivery Goods on each lump shipment are arranged by additional Application form № 2 to Contract.
5.3. The Seller notifies the Buyer of readiness of each parties Goods to shipment and beforehand gives the copies an отгрузочных document. The Shipment is realized Seller only after written (including e-mail) of the consent of the Buyer, who is given by him during two bank days following reception mines transport documents.
5.3. The Seller is obliged during two days since delivery date of each parties of Goods to transfer the Buyer on fax (and on e-mail) to copies, but originals to send together with cargo and enclose to transport additional, the following documents:
1. Invoys;
2. The Packing sheets on shipped goods with instruction of the total weight net/gross;
3.Сертификат Origins СT-1 or Certificate quality forms A;
4. The Export cargo customs declaration;
5. Goods Specification.
5.4. The Seller is obliged for 3 days since date of the shipment of Goods by telefax (and on e-mail) report the Buyer following given: number инвойса, name of Goods, amount of the places of the cargo, gross weight of each place, the total weight of the cargo, date of the shipment, number of the coach or ship, number transport additional given about грузоперевозчике.
5.5. The Seller has a right on prior supply of Goods, but Buyer on prior payment with notice in 2х days time other parties.
5.6. The Seller introduces the right to reduce and enlarge the amount delivered Goods within the whole volume on 1,0% (one percent), and within each name, amount, sort or other спецификационных factors on 3,0% (three percents).
5.7. The Delivery date will be considered date of delivery of goods before the destination, according to Application of the form № 2 to contract.
6. PACKING And MARKING.
6.1. Each place of Goods must be shipped accordingly nature of Goods. Packing of goods must provide safety of goods and packing under sink-discharge functioning and at transportation, as manual, so and mechanical way, insofar this is allowed by weight and volume of the separate places, as well as protect goods from influence climatic and technological terms (raised moisture, snow, rain, corrosion, direct sunbeams, extreme importance lower and upper temperature, dust, dirt, stranger chemical-aggressive material, concussions and etc) and be происпособленной to international multifunction transportation.
6.2. All damages of goods and losses, connected with bad packing, undertakes the Seller.
7. THE ORDER of ACCEPTANCE of GOODS.
7.1. Acceptance of goods on amount and quality is realized on customs storehouse and (or) storehouse Buyer, on the grounds of external checkup of goods. When finding defect goods Buyer must inform on this Seller and give to photographies or sample and claim together with detailed her(its) description. The Expenses on study of defective goods are entrusted on Seller. The Buyer and Seller will add to взаимоприемлемому permit of the claim by by change of goods, or granting the discount on the following shipments of the commensurate prime cost of faulty goods. The Claims are considered during 25-ti workday since moment of their granting, as well as granting sample, photography or expert conclusion.
7.2. The Buyer has the right fix эпспертизу goods in Trade Industrial Chamber Krasnoyarskogo kraya or other expert Centre Russian Federation .
The Claims: In the event of discrepancy of the weight of Goods, his(its) amounts, quality, amount, type of the packing and sanitary rate and term of this contract, indemnifying company or carrier carry its liability, and for 45 days since moment of the arrival of the cargo on the destination, Buyer has a right on presentation to Seller of the claim and requirements of the change the cargo on the grounds of certificate of the trade expert operation, issued to public supervision.
8. THE OBLIGATIONS of the PARTIES.
8.1. At conclusion of this contract parties follow "INСOTERMS 2000".
8.2. The Obligation Seller on each lump supply are considered executed at moment of the transfer Buyer Goods and accompanying document according to p. 5.3 and 5.4.
8.3. The Seller undertakes to advise the Buyer on all questions, connected with Goods.
8.4. The Buyer carries all risks to ruins or damages of Goods since moment of the execution Seller terms p.7.2. of this agreement.
8.5. The Seller undertakes to check the quality of delivered Goods according to p.p. 4.1., 4.2. and p. 7.1
9. LIABILITY of the PARTIES.
9.1. In the event of breach of the terms of the payment according to p. 3.1. The Buyer has responsibility in the manner of meerschaum in amount 0,1 % for each day not performances of the obligations, from amount of the debt that does not free him(it) from indemnifying the expenseses Seller, in accordance with performance of the obligations on this contract.
9.2. In the event of breach of the terms of delivery Goods according to p.p.5.1., 5.3. The Seller has responsibility in the manner of meerschaum in amount 0,1 % for each day not performances of the obligations, from amount not put(deliver)ed Goods that does not free him(it) from supply of Goods Buyer on this contract.
9.3. In the event of breach Seller delivery date of goods more then for 25 days Buyer has the right call in paid bankrolls for goods, as well as payment penalty sanction according to p. 3.2 and p. 9.2. The Contract before moment of the return the paided bankrolls.
9.4. In the event of supply of Goods not being up to quality on quality according to p. 4.1. - 4.3. The Seller is obliged to produce change of faulty Goods to its account in current 30-60 days from receipt of claim from Buyer.
10. INSURANCE.
10.1. The Buyer has the right to its account to insure delivered on a contract Goods since moment of his(its) shipment with plant Seller before moment of delivery in the destination.
11. THE DURATION of the CONTRACT.
11.1 Contract takes effect since moment of his(its) signing by both parties and acts before 31.12.2010г.
11.2. The Contract subjects to prolongation for the same period and on written statement of the Buyer on the same terms if this is declared for one month before completion duration of this Contract.
12. THE ARBITRATION.
12.1. The Parties will try to solve all discords, appeared at realization of this Contract, friendly way. If parties will not be able to regulate the appeared discords, that dispute is transferred for consideration in Foreign trade arbitration commission under Trade-Industrial chamber to Russian Federation. The Decision of the Arbitration commission is final and binding on both parties.
13. THE FORCE-MAJEURE.
13.1. The Parties are freed from responsibility for partial or full nonperformance of their own obligations on contract if it was due to circumstance of the compelling force, as follows: fire, floods, earthquakes, hostilities, strikes, prohibitive acts state organ if these circumstance appeared after conclusion of contract. At period of the performance of the obligations on a contract is postponed commensurate time, during which acted these circumstance, as well as consequences, caused such circumstance.
13.2. The Party, for which ed impossibility of the performance of the obligations on a contract, is obliged immediately, but not later 10 days since moment of their approach, notify in writing other Party of approach and cessation said circumstance.
13.3. Behoove proof of presence said circumstance and their length will serve the certificate corresponding to Chambers of commerce.
13.4. If these circumstance will last more poles of the months, that each of Parties will have a right to void the Contract completely or partly and in this case nor one of the Parties will have a right to claim damages beside the other Parties, with the exclusion of refund of a sum advance.
14. THE OTHER TERM.
14.1. All change and addendas to this Contract are considered valid only in that event if they perfect in written form and is signed by both parties.
14.2. Nor one of the parties have a right to transfer their own right and duties on Of this Contract to some third party without written consent other parties.
14.3. The Documents transferred on fax or e-mail, have legal power, with obligatory following (not later three days following arrival of Goods) by granting original.
14.4. The This Contract is formed in duplicate , having alike legal power, in russian and english, on one for each parties and takes effect on the date hereof.
14.5. All Applications to this Contract, are his(its) integral parts.
14.6. The Parties on contract undertake to keep confidentiality of the information, in accordance with data by contract and representing commercial secret of the parties.
14.7. In all that is not provided by the present contract, parties follow: the Total term of the deliveries Goods from USSR in CPR and from CPR in USSR from March 13 1990.
14.8. In the event of reeked reading this contract in russian language has a priority. The Conclusion of contract is on fax to consider valid with the following obligatory granting original.
15. THE LEGAL ADDRESS BANK REQUISITIONS PARTIES: