S |
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THE SELLER'S OBLIGATIONS |
S1 |
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Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its
equivalent electronic message, in conformity with the contract of sale
and any other evidence of conformity which may be required by the
contract.
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S2 |
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Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export and import
licence and other official authorization or other documents and carry
out, where applicable, all customs formalities necessary for the export
of the goods, for their transit through any country and for their
import.
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S3 |
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Contracts of carriage and insurance
a) Contract of carriage
The seller must contract at his own expense for the carriage of the
goods to the named place of destination. If a specific point) is not
agreed or is not determined by practice, the seller may select the point
at the named place of destination which best suits his purpose.
b) Contract of insurance
No obligation
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S4 |
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Delivery
The seller must place the goods at the disposal of the buyer, or at that
of another person named by the buyer, on any arriving means of
transport not unloaded at the named place of destination on the date or
within the period agreed for delivery.
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S5 |
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Transfer of risks
The seller must, subject to the provisions of B5, bear all risks of loss
of or damage to the goods until such time as they have been delivered
in accordance with S4
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S6 |
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Division of costs
The seller must, subject to the provisions of B6, pay
? in addition to costs resulting from S3 a), all costs relating to the
goods until such time as they have been delivered in accordance with
S4; and
? where applicable, the costs of customs formalites necessary for export
and import as well as all duties, taxes and other charges payable upon
export and import of the goods, and for their transit through any
country prior to delivery in accordance with S4.
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S7 |
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Notice to the buyer
The seller must give the buyer sufficient notice of the dispatch of the
goods as well as any other notice required in order to allow the buyer
to take measures which are normally necessary to enable him to take
delivery of the goods.
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S8 |
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Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller's expense with the
delivery order and/or the usual transport document (for example a
negotiable bill of lading, a non-negotiable sea waybill, an inland
waterway document, an air waybill, a railway consignment note, a road
consignment note, or a multimodal transport document) which the buyer
may require to take delivery of the goods in accordance with S4/B4.
Where the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding paragraph may
be replaced by an equivalent electronic data interchange (EDI) message.
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S9 |
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Checking - packaging - marking
The seller must pay the costs of those checking operations (such as
checking quality, measuring, weighing, counting) which are necessary for
the purpose of delivering the goods in accordance with S4.
The seller must provide at his own expense packaging (unless it is usual
for the particular trade to deliver the goods of the contract
description unpacked) which is required for the delivery of the goods.
Packaging is to be marked appropriately.
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S10 |
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Other obligations
The seller must pay all costs and charges incurred in obtaining any
documents or equivalent electronic messages mentioned in B10 and
reimburse those incurred by the buyer in rendering his assistance
herewith.
The seller must provide the buyer, upon request, with the necessary information for procuring insurance.
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B |
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THE BUYER'S OBLIGATIONS |
B1 |
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Payment of the price
The buyer must pay the price as provided in the contract of sale.
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B2 |
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Licences, authorizations and formalities
The buyer must render the seller at the latter's request, risk and
expense, every assistance in obtaining, where applicable, any import
licence or other official authorization necessary for the import of the
goods.
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B3 |
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Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation
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B4 |
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Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with S4.
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B5 |
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Transfer of risks
The buyer must bear all risks of loss of or damage to the goods from the time they have been delivered in accordance with S4.
The buyer must, should he fail to fulful his obligations in accordance
with B2, bear all additional risks of loss of or damge to the goods
incurred thereby.
The buyer must, should he fail to give notice in accordance with B7,
bear all risks of loss of or damage to the goods from the agreed date or
the expiry date of the agreed period for delivery provided, however,
that the goods have been duly appropriated to the contract, that is to
say, clearly set aside or otherwise identified as the contract goods.
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B6 |
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Division of costs
The buyer must pay
? all costs relating to the goods from the time they have been delivered in accordance with S4; and
? all additional costs incurred if he fails to fulfil his obligations in
accordance with B2, or to give notice in accordance with B7, provided,
however, that the goods have been apropriated to the contract, that is
to say, clearly set aside or otherwise identified as the contract goods.
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B7 |
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Notice to the seller
The buyer must, whenever he is entitled to determine the time within an
agreed period and/or the point of taking delivery at the named place,
give the seller sufficient notice thereof.
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B8 |
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Proof of delivery, transport docuement or equivalent electronic message
The buyer must accept the delivery order or transport document in accordance with S8.
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B9 |
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Inspection of goods
The buyer must pay the costs of any pre-shipment inspection except when
such inspection is mandated by the authorities of the country of export.
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B10 |
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Other obligations
The buyer must render the seller, at the latter's request, risk and
expense, every assistance in obtaining any documents or equivalent
electronic messages issued or transmitted in the country of import which
the seller may require for the purpose of making the goods available to
the buyer in accordance therewith. |