аЯрЁБс>ўџ ]_ўџџџ\џџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџџьЅСqПћ5bjbjt+t+†AAћ0џџџџџџ]КККККККЮЮЮЮЮ кTЮљіJJJJJJJJВДДДДДД$яєу6и!КJJJJJиJККJJJJJJJКJКJВЮЮККККJВJhJВККВJ.k*!ПЮЮJВ CONTRACT Kiev ____________ 19 __________________________ hereinafter referred to as >the Seller , on the one hand, and hereinafter referred to as >the Buyer , on the other hand, have concluded the present Contract as follows: I. Object of the Contract The Seller has sold and the Buyer has bought _______________ on_______________________________________________________________ terms, in the quantity, assortment, at prices and according to technical data stated in Supplements Nos. _______________, which are an integral part of.the present Contract. II. Quality of the goods The quality of the goods should conform to the samples-references agreed and certified by the Parties as well as to the technical data stated in Supplements Nos. ____________ to the present Contract. The quality of the goods is to be confirmed by a Quality Certificate issued by the Manufacturer. With the first lot of the goods to be shipped to each Consignee the Seller sends one sample-reference of each article which is to be sent to the same Consignee. Samples-references are to be sealed and packed into an individual bag with the inscription "Duplicate of Sample-Reference". Samples-references are to be paid by the Buyer. For this purpose it is necessary to indicate by separate line in the invoices for the delivered goods as follows: duplicate of sample-reference, article, size, quantity, price, amount, case N ________. III. Prices The prices are fixed in ___________________________ and are understood __________________________________________________ The above said prices include the cost of tare, packing and marking. Loading of the goods on the vessel including stowage in the holds and lighterage, information of shipment of the goods and drawing up Bills of Loading are to be made by the Seller at his expense. IV. Time of delivery Delivery of the goods under of the present Contract is to be effected within the time stipulated in Supplements Nos. ______ to the present Contract. The date of delivery is considered _______________________. V. Packing and Marking Packing is to secure full safety of the goods during transportation by all kinds of transport means including transshipments. In case the packing does't secure safety of the goods while in transit and fact is certifed by a Commercial Inspection Report drawn up on the ___________ frontier, the Seller will make up Commercial Inspection Report drawn up on the all the losses of the Buyer occured because of indue packing. The goods should be packed in _____________________________ with the items shall be packed in standart strong cardboard cases. The boxes weight of the box should not exceed 50 kgs. The boxes are to be enterlaid with waterproof paper. The boxes should be hooped with four wholepiece plastic or iron bands the ends of which are to be sealed. Each package is marked on two sides with indelible paint as follows: Country of destination Place of destination Contract No Package N Gross and net weights Volume Brief name of the Consignee and Consignor The cases numbers shipped under The same Bill of Lading (Railway Bill, Autoway Bill) should not repeat themselves. The packing List stating case Ho, Contract N, name of Consignee, description of the goods, model, article (if it is fabrics), number of items as to sizes and total quantity of same is to be placed into each case. Each item should be furnished with suspension tag stating style, model, size, trade mark, material of which the item is made. Apart from this each item should be equipped with a control label sewn to it stating model, size and composition of the material of which the item is manufactured. How to care about the goods is to be written on the back of the label. VI. Method of Shipment The goods under the present Contract are to be shipped _______________ The lots are completed in accordance with shipping instruction given by the Buyer. The Seller is to cable to the Buyer of readiness of the goods for shipment not later than 15 days before the date of shipment. Within 24 hours after shipment of the goods the Seller is to inform the Buyer by cable of the following: ____________________________________________ date of shipment No of Bill of Lading, Railway or Autoway Bill description of goods Number of cases Contract No Consignee Gross and net weight Volume Value of the goods The Seller writes down in Bill of Lading, Railway Bill or Autoway Bill Licence N 74/______________ dated ______________________ The Seller airmails the Buyer Invoice in duplicate, Specification in duplicate and Packing Lists in duplicate within 48 hours after shipment of the goods. VII. Delivery-Acceptance of the goods The goods are considered as delivered by the Seller and accepted by the Buyer: as to quality - according to the Quality Certificate issued by the Seller, as to number of packages - according to shipping documents. Final acceptance to be made in on arrival of the goods to the place of destination. VIII. Payment Payment for the goods delivered is effected in _________________ by presentation of the Invoice for collection to the Bank _________________. Payment to be effected within 20 days counting from the date of receipt of the documents from the Bank __________________________. Payment is to be effected against presentation of the following documents: 1. Full set of Clean on Board Bills of Lading (Duplicate of Railway Bill, Autoway Bill), draun up as per Specification enclosed - 3 copies. 2. Invoice in triplicate. 3. Specification in triplicate stating packages Nos. 4. Recapitulation stating number of the items as to style and size. 5. Quality Certificate drawn up by the Seller in duplicate. Seller should submit the above said documents to the Bank for payment not later than 10 days after shipment of the goods. From the first Invoice 3 per cent of the total value of the goods sold under the present Contract to be deducted to cover the losses caused by shortage when packing being intact or by delivery of faulty goods, if any. The Seller reduced the invoice value by that amount indicating the sum deducted in the Invoice by separate line. The said 3 per cent remain blocked and are returned in full or in part 180 days after the crossing of the border by the last consignment. IX. Claims In case of shortage while packing being intact or in case of nonconformity of the quality of the goods to the sample the Buyer has the right to claim on the Seller within 180 days on the arrival of the goods in _________________________. The Parties agreed that the Inspection Report drawn up by Chamber of Commerce and Industry, Kiev, will prove the claim. The Seller is to be examine the claim within 15 days. Should the Seller fail to send a reply on expiration of the said period, the claim will be considered as admitted by the Seller. While claiming for an inferior quantity of the goods the Buyer is entitled either for price reduction or to return the faulty good to the Seller. The cost of the defective goods, of shortage while packing being intact, penalty are deducted by the Buyer from the 3 per cent sum. In case the sum of 3 % prove to be insufficient to cover the claim and penalty the Seller is to remit the balance due to the Buyer within 30 days from the date of receipt of the claim. The Buyer has to right to return the defective goods to the Seller. All the transport and other charges connected with delivery and return of defective goods are to be paid by the Seller. The Seller instruct the Buyer as to necessity of insurance of the returned defective goods. In case the Seller finds shortage of returned defected goods they present the Buyer a Survey Report as proof of shortage. X. Arbitration All disputes and differences which may arise out of the present Contract or in connection with same are to be setted, without recourse to common law courts, by ____________ in accordance with the rules of procedure of the above Commission the awards of which are final and binding upon both Parties. XI. Sanctions In case the delivery of the goods is not effected during the period stipulated by the Contract, the Seller will pay to the Buyer penalty calculated from the value of the goods not delivered in time basing on 0,1 % of the value of such goods per each day of delay. Should the delay exceed 30 days, payment of the penalty will cease and the Seller will pay to the Buyer agreed and liquidated damages at the rate of 10 % of the value of the goods not delivered in time. In case delay in delivery of the goods against the present Contract exceed 40 days the Buyer has the right to cancel the Contract on notifying the Seller. In case of delivery of defective goods, the Seller will pay to the Buyer penalty at the rate of 10 % of the value of the said goods. The Seller will pay the 10 % penalty to the Buyer: - in case the marking on the package and/or on articles themselves prove incorrect; - in case the packing does not secure the safety of the goods in transit; - in case shipping documents were drawn up erroniously; - in case the goods were delivered not in conformity with the term of the Contract as regard sizes, breakdown, colours, etc.; - in case the goods were shipped ahead of time stipulated in the Contract without the Buyer's concent. Payment of the penalty or agreed and liquidated damages not set the Seller free of the liability to fulfil the Contract. XII. Force-majeur The Parties will be free from the responsibility for the partial or full non-fulfilment of the obligations of the present Contract in case it was caused by the circumstances beyond the Parties' control, i.e. Fire, Flood, earthquake and War in case these circumstances attected the due fulfilment of the present Contract. In this case the fulfilment of the Contract obligations extends for the period of these circumstances being in force. If operation of such contingencies continues more than 3 months each Party will have the right to cancel the Present Contract and neither of the Parties will have the right for reimbursement of any possible damages by the other Party. XIII. Other terms The Sellers is to send to the Buyer two copies of the album not later than 1,5 months from the date the Present Contract is signed. The album-catalogue is to contain: Pictures of the bought goods, their technical data, measurements, samples of cloths and their colour cards. All dues (including port and dock ones), taxes and customs duties levied on the territory of the Seller's country connected with execution of the present Contract as well as the commission of the Bank of the Seller are to be paid by the Seller and at his expence. The Seller is bound to obtain Export Licences, if such are required. From the moment of signing the present Contract all the previous negotiations and correspondence connected with same are null and void. None of the Parties has the right to assign their rights and obligations under the present Contract without written consent of the other Party. Any amendments and supplements to the present Contract are valid only if made, in writting and signed by duly authorizes representatives of the both Parties. The present Contract is made up in two copies both being authentic. XIV. 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