| 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 porvide 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 or
other official authorization or other documents and carry out, where
applicable, all customs formalities for the export of the goods, and for
their 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 quay (wharf) at the named port of destination. If a
specific quay (wharf) is not agreed or is not determined by practice,
the seller may select quay (wharf) at the named port 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 on the quay
(wharf) referred to in S3 a), on the date or within the agreed period.
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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 are delivered on the quay (wharf) in
accordance with S4; and
? where applicable, the costs of customs formalites necessary for export
as well as all duties, taxes and other charges payable upon export of
the goods and for their transit through any country prior to delivery.
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| S7 |
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Notice to the buyer
The seller must give the buyer sufficient notice of the estimated time
of arrival of the nominated vessel in accordance with S4, 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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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 or a multimodal trasnport document) to enable him to
take the goods and remove them from the quay (wharf).
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 messages (other than those mentioned in S8) issued or
transmitted in the country of dispatch and/or 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 |
- |
Licences, authorizations and formalities
The buyer must obtain at his own risk and expense any import licence or
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 give notice in accordance with B7,
bear all risks of loss of or damge 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, including any costs of handling the goods in the
port for subsequent transport or storage in warehouse or terminal; and
? all additional costs incurred if he fails to take delivery of the
goods when they have been placed at his disposal in accordance with S4,
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;and
? where applicable, the cost of customs formalities as well as all
duties, taxes and other charges payable upon import of the goods and for
their subsequent transport.
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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 in the named port of
destination, 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 inspectin 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 messages mentioned in S10 and
reimburse those incurred by the seller in rendering his assistance in
accordance therewith.
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