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Delivery – Acceptance of the Goods
2.1 The Goods shall be considered as delivered by the Seller and accepted by the Buyer:
- as regards the quantity – according to the quantity, specified in the invoice.
- as regards the quality – according to the quality certificate by the Manufacturer.
2.3. Claims as to the quantity of the Goods can be submitted within 14 days on receiving of the Goods by the Buyer, as to the quality within 30 days of the day on receiving of the Goods by the Buyer. Claims should be brought in written form with the original documents to prove this discrepancy applied.
Conditions of Delivery
3.1. The delivery of the Goods on terms of CPT –Lugansk should meet the requirements, specified in the Supplement, which is the inseparable part of the present contract. Customs code for the Goods is 38056000.
Conditions of Payment
4.1. The payment for the Goods sold under the present Contract is to be effected by the Buyer in euro on the account, stated by the Seller by 100% advance payment for the lot agreed.
4.2. The form of payment: banking transfer.
4.3. The fact of payment is considered as the entry of the money to the Seller’s account in full amount according to proforma invoice.
The price of the Goods
5.1. The price for each kg of the Goods, sold by the Seller is specified in the Supplement to the present Contract.
The Term of the Contract
6.1 The present contract comes into effect from the moment of being signed and is valued till 31.12.2007.
Quantity and Terms of Delivery
7.1. The Goods are delivered by the lots, stated in the Supplement to the present Contract. The stated lot is considered the amount of the Goods, specified in the Supplement. The dispatch of the Goods from the storehouse of the Seller within 3 (three) working days, from the date of the entry of the money to the Seller’s account in full amount.
Rights and Duties of the Parties.
8.1. The Buyer is to:
8.1.1. No later than within 5 days before the supposed date of the dispatch, submit a request form for the dispatch of the lot of the Goods, which informs the Seller about the amount and terms of dispatch of the Goods, the name of the consignee, his postal address.
8.1.2. The amount of the Goods, noted in the request form can not exceed the supposed amount of the Goods that the Seller can sell.
8.2.2. Within 48 hours after the day of dispatch inform the Buyer about the following:
- date of sending of the Goods,
- dispatched weight on each parcel,
It is possible to inform about the numbers of declarations of courier service within 24 hours after the day of dispatch.
8.2.3. Ensure the proper issue of covering custom and other documents and to cover all the expenses of the Buyer, aroused due to incorrect issue of the documents mentioned below provided by the Seller:
- invoice,
- air-way-bill,
- customs declaration,
- packing list.
Arbitration
9.1. Should any disputes arise, the parties must try to come to agreement by the means of negotiation, in the opposite case the dispute is filed to International Court of Arbitration, its decisions are considered to be compulsory and final for all the parties.
Force-majeure
10.1. Neither of the parties shall bear responsibility for complete or partial non-fulfillment of any of its respective obligations on this Contract proved non-fulfillment is due to such circumstances as fire, acts of God, blockade, embargoes laid by governments, strikes, military operations, actions of government bodies and other circumstances which are beyond the control of the Parties.
10.2. The Party which encountered the circumstance preventing the fulfillment of its obligations shall immediately inform the other Party about the commencement, possible duration and cessation of the circumstances listed above.