| S |
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THE SELLER'S OBLIGATIONS |
| S1 |
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Provision of the 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 licence
and other official authorization or other documents and carry out, where
applicable, all customs formalities necessary for the export of the
goods and for transit through any country.
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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 formalities necessary for
export as well as duties, taxes and other charges payable upon export
and for their transit through any country prior to delivery in
accordance with S4
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| S7 |
- |
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 alow 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 the delivery
order and/or the usual transport document (for example a negotiable bill
of lading, a non-negotiable sea waybill, an inland watereway
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 render the buyer at the latter's request, risk and
expense, every assistance in obtaining any documents or equivalent
electronic message (other than those mentioned in S8) issued or
transmitted in the country of dispatch and/or of origin which the buyer
may require for the import of the goods.
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 |
- |
Payment of the price
The buyer must pay the price as provided in the contract of sale.
|
| B2 |
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Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or
other official authorization or other documents and carry out, where
applicable, all customs formalities necessary for the import of the
goods.
|
| B3 |
- |
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
fulfil his obligations in accordance with B2, bear all additional risks
of loss of or damage 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 duly appropriated to the contract,
that is to say, clearly set aside or otherwise identified as the
contract goods; and
? where applicable, the costs of customs formalities as well as all
duties, taxes and other charges payable upon import of the 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 an/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 document or equivalent electronic message
The buyer must accept the appropriate 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 pay all costs and charges incurred in obtaining the
documents or equivalent electronic message mentioned in S10 and
reimburse those incurred by the seller in rendering his assistance in
accordance therewith.
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