Английский словарь
(Создано ИИ)
Слова, начинающиеся с "C": 1453
Company ____________, hereinafter referred to as the "Sellers", on the one part, and Company __________, Moscow, hereinafter referred to as the "Buyers" on the other part, have concluded the present Contract for the following: 1. Subject of the Contract 1.1. The Sellers have sold and the Buyers have bought on ______________ terms the following equipment: _________________ in full conformity with the technical characteristics and in complete scope of supply specified in Appendix N ___________________ 2. Prices and Total Value 1. The total value of the equipment, spare parts, tools, technical documentation and services in the volume of the present Contract amounts to ___________________ 2. The prices per item are specified in Appendices No ____________ 3. The prices are firm and subject to no alteration. 4. The prices are understood __________________ _____________________ or in accordance with other basic conditions of delivery including the cost of packing, marking and other delivery expenses. 3. Terms of Payment Payments at the rate _________ of per cent of the value of the delivered equipment are to be effected in __________________ (currency) within 30 days of the date of receipt by the Buyer' Bank _________ of RF of the following documents for collection: Seller's invoice- one Original and 2 copies (where Contract number and Trans are to be indicated); Complete set of "clean-on-board" Bills of Lading (коносамент) issued destination RF port ___________ in the name of _______________ a duplicate of the international railway bill issued destination railway station _______________ in the name of the chief of this station for further transportation by means of railways through the railway stations _______________ to the railway station ______________ for ____________________ 4. Delivery Dates The equipment specified in Clause 1 of the present Contract is to be delivered complete as follows: ___________________________. By the time stipulated (обусловливаться, обгаваривать) the equipment is to be manufactured in accordance with the Contract conditions, tested, packed, marked and delivered __________________________ All the questions connected with shipment of the goods are to be settled in accordance with the Buyers' Forwarding Agent: ____________________________. By the first of the month preceding the month of delivery the Sellers are to notify the Buyers by cable about the date of the readiness of the goods for shipment from the port _________________________ station the weight and the cubic volume of the cargo. The same notification is to be sent to the Buyers' Forwarding Agent. Within 24 hours after shipment of the goods the Sellers are to let the Buyers know by cable the date of shipment, Contract and Trans numbers, the number of the Bill of Lading, the denomination of the equipment, the quantity of the vessel and the port of destination. The above cable notification must be confirmed by a letter. The delivery date is understood to be the date of the "clean-on-board" (чистый бортовой коносамент) Bill of Lading issued in the name of the Buyers, destination _______ Port of RF.If on the expiration of 30 days from the date of the readiness of the goods for shipment the shipping facilities are not available and so the goods cannot be shipped from the port of ______________ the Sellers have the right to hand over the goods to the Buyers' Forwarding Agent. In this case the date of the Forwarding Agent's receipt is considered to be the date of delivery. After handing over the goods to the Buyers' Forwarding Agent all the expenses connected with the storage of the goods up to the moment of loading them on board a ship are to be covered by the Buyers. However it does not release the Sellers at their own expense, to secure and to stow them in the hold and / or on deck of the ship and etc. in accordance with Clause 2 of the present Contract. If the goods are not ready for shipment by the date of arrival of the vessel the Sellers are to cover the losses the Buyers may sustain in connection with demurrage and / or underloading of the ship (dead freight). 4. Delivery Dates The equipment specified in Clause 1 of the present Contract is to be delivered complete as follows: ___________________________. By the time stipulated the equipment is to be manufactured in accordance with the Contract conditions, tested, packed, marked and delivered __________________________ All the questions connected with shipment of the goods are to be settled in accordance with the Buyers' Forwarding Agent: ____________________________. By the first of the month preceding the month of delivery the Sellers are to notify the Buyers by cable about the date of the readiness of the goods for shipment from the port _________________________ station the weight and the cubic volume of the cargo. The same notification is to be sent to the Buyers' Forwarding Agent. Within 24 hours after shipment of the goods the Sellers are to let the Buyers know by cable the date of shipment, Contract and Trans numbers, the number of the Bill of Lading, the denomination of the equipment, the quantity of the vessel and the port of destination. The above cable notification must be confirmed by a letter. The delivery date is understood to be the date of the "clean-on-board" Bill of Lading issued in the name of the Buyers, destination _______ Port of RF.If on the expiration of 30 days from the date of the readiness of the goods for shipment the shipping facilities are not available and so the goods cannot be shipped from the port of ______________ the Sellers have the right to hand over the goods to the Buyers' Forwarding Agent. In this case the date of the Forwarding Agent's receipt is considered to be the date of delivery. After handing over the goods to the Buyers' Forwarding Agent all the expenses connected with the storage of the goods up to the moment of loading them on board a ship are to be covered by the Buyers. However it does not release the Sellers at their own expense, to secure and to stow them in the hold and / or on deck of the ship and etc. in accordance with Clause 2 of the present Contract. If the goods are not ready for shipment by the date of arrival of the vessel the Sellers are to cover the losses the Buyers may sustain in connection with demurrage and / or underloading of the ship (dead freight). 6. Guarantee 1. The Sellers guarantee: 1.1. That the equipment supplied and technological process, automation and mechanization are in full accordance with the highest world technical achievements and meet the highest standards for this type of the equipment existing at the time of delivery; 1.2. High quality of the materials used in the manufacture of the equipment and high quality of the manufacture and assembly; 1.3. That the equipment to be supplied has been manufactured in full conformity with the description, technical specification and with the conditions of the Contract; 1.4. That the completion of the equipment to be delivered and the technical documentation supplied is in accordance with the requirements specified in the Contract. 2. The period of guarantee of the normal and trouble-free operation (безотказная работа) of the equipment is to be 12 months from the date of putting it into operation but not later than 18 months from the date of shipment of the complete equipment. The above period will be accordingly extended if start-up of the equipment is deferred (отсроченный груз) or the operation of the equipment is stopped. 3. If the defects cannot be eliminated, the Buyers have the right to reject the defective equipment or to request a corresponding reduction from its price. In case the Buyers reject the equipment and the Sellers for the latter's account the faulty equipment and the Sellers are to repay the Buyers with 7% interest per annum (годовой процент) 4. If during the commissioning period and / or during the guarantee period the equipment or technical documentation prove to be defective and / or incomplete and / or not in conformity with the Contract conditions, then irrespective of the fact that such deficiencies could be found during the Sellers' or their subcontractors' works, the Sellers undertake to eliminate at their expense the detected defects immediately at the Buyers' request by means of repairing or replacing the defective equipment or parts thereof with new ones of good quality. In this case the Buyers are entitled to demand from the Sellers payment of penalty for delay in delivery at the rate and in accordance with the procedure stipulated in the Contract, beginning from the date when the claim has been made till the date elimination of the defect or till the date of delivery of new equipment instead of the rejected one. 5. The replaced defective technical documentation, equipment and / or units are to be returned to the Sellers at their requested for their account within the period agreed upon by the Parties. All the transport charges and other expenses connected with the return and / or the replacement of the defective equipment both on the territory of the Buyers' country and the transit country as well as on the territory of the Sellers' country are to be borne by the Sellers. 7. Force Majeure 1. The Parties are released from responsibility for partial or complete non-fulfilment of their liabilities under the present Contract, if this nonfulfilment was caused by the circumstances of Force Majeur, namely: fire, flood, earthquake, provided the circumstances have directly affected the execution of the present Contract.In this case the time of fulfilment of the Contract obligations is extended for the period equal to that during which such circumstance last. 2. The Party, for which it became impossible to meet obligations under the Contract, is to notify in written form the other Party of the beginning and cessation of the above circumstances immediately, but in any case not later than ten days of the moment of their beginning. The notification of Force Majeure circumstances not made within 15 days deprives the corresponding Party of the right to refer to such circumstances in future. 3. The written evidence issued by the respective Chambers of Commerce will be a sufficient proof of the existence and duration of the above Indicated circumstances. 4. If these circumstances last longer than six months, then each Party will be entitled to cancel the whole Contract or any part of it and in this case neither Party shall have the right to demand any compensation of eventual losses from the other Party. The Sellers undertake in this case immediately to return all the advanced amounts paid by the latter under the present Contract. 8. Sanctions 1. In the event of the Sellers' delay in the supply against the dates stipulated in the Contract the Sellers are to pay to the Buyers penalty at the rate of 0,5% of the value of goods not delivered in due time for every week of the delay within the first four weeks and 1% for every subsequent week but not more than 10% of the value of the equipment not delivered in due time. 2. The penalties will be deducted from the Sellers' invoices when they will be paid by the Buyers. In case the Buyers for any reason do not deduct the penalty when paying the Sellers' invoice the latter is obliged to pay the penalty amount at the first request of the Buyers. 3. Should the delay in delivery exceed four months the Buyers shall have the right to cancel the Contract or a part thereof. 4. Should the shipment of the equipment not be notified with delay, the Sellers are to pay to the Buyers penalty at the rate of 0,1% of the value of the equipment already shipped. 9. Arbitration 1. 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, without recourse to Courts of law, is to be submitted for settlement, to Arbitration, with its seat in Stockholm, Sweden. 2. Arbitration shall be established as follows: The Party which wishes to refer the dispute to Arbitration shall notify the other Party by a registered letter stating the name and the address of the arbitrator chosen who can be a citizen of any country as well as the subject of the dispute, date and Number of the Contract. Within 30 days of the receipt of the above letter the other party shall choose its Party of it by a registered letter stating the name and the address of the arbitrator chosen. 3. 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 within 30 days of the date of the application by the President of the Chamber of Commerce in Stockholm. 4. Within 30 days the arbitrators shall choose an Umpire, if the arbitrators fail to agree upon the choice of the Umpire within 30 days after they have been nominated, at the request of either Party by the President of the Chamber of Commerce in Stockholm, Sweden. 5. 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 Swedish Material Law. 6. 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' rights to state an opinion, as well as the allocation of the costs and expenses of the Arbitration between the Parties. 10. Export Licence The Sellers will take care of bear all the expenses connected with obtaining the necessary licence for the exportation of the goods under the present Contract to the RF. Not later then the signing of the Contract the Sellers are to advise the Buyers if the export licence is granted. In case the Sellers are unable to obtain the export licence or the export licence is revoked by the appropriate authorities of 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 canceled the rights and the obligations of the Parties are to be defined in conformity with Clause 4 (Penalty). 11. Insurance The Buyers are to take care of and to cover expenses for insurance of the goods with Ingosstrakh RF from the moment of their dispatch from the Sellers' works up to the moment of arrival of the same at the Buyers' works. The expenses for insurance from the Sellers' works up to the moment of loading at the rate 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 will be effected on the conditions of "Responsibility for Particular Average" according to item 2, paragraph 2 of the "Rules of transport Insurance of the goods", Ingosstrakh, including damages to the goods caused by cranes, oil, fresh water (excluding moistening) and by other cargo, breakage, theft of the whole cases or their parts and non-delivery of cases in all the above mentioned circumstances independent of a degree of the damage. Within ________ months upon signing the Contract the Buyers are to send to the Sellers the Insurance Policy issued in the name of the Sellers covering insurance of the goods from the Sellers' works up to FOB port of ______________. 12. Other conditions All the enclosures to the present Contract are to be considered its integral part.All the amendments and addenda to the Contract are valid only on condition of being made in a written form and signed by both Parties.Neither Party has the right to assign its obligations and rights under the present Contract to any third Party without 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. 13. Registered Addresses of the Parties Sellers: ___________________ Buyers: ___________________ The present Contract is drawn up in the English and Russian languages 2 copies, one copy for each Party, both texts being equally valid. The Contract enters into force on the date of its signing. Enclosures: Sellers: Buyers: