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 incoice, 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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License, authorizations and formalities
The seller must render the buyer, at the latter's request, risk and
expense, every assistance in obtaining, where applicable, any export
license or other official authorization necessary for the export of the
goods.
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S3 |
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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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S4 |
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Delivery
The seller must place the goods at the disposal of the buyer at the
named place of delivery, not loaded on any collecting vehicle, on the
date or within the period agreed or, if no such time is agreed, at the
usual time for delivery of such goods. If no specific point has been
agreed within the named place, and if there are several points
available, the seller may select the point at the place of delivery
which best suits his purpose.
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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 all costs relating
to the goods until such time as they have been delivered 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 as to when and where the goods will be placed at his disposal.
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S8 |
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Proof of delivery, transport document or equivalent electronic message
No obligation
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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 placing the goods at the buyer's disposal.
The seller must provide at his own expense packaging (unless it is usual
for the particular trade to make the goods of the contract description
available unpacked) which is required for the transport of the goods, to
the extent that the circumstances relating to the transport (for
example modalities, destination) are made known to the seller before the
contract of sale is concluded. 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 issued or transmitted in the country of delivery
and/or of origin which the buyer may require for the export and/or
import of the goods and, where necessary, for their transit through any
country.
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, authorization and formalities
The buyer must obtain at his own risk and expense any export and import
licence or other official authorization and carry out, where applicable,
all customs formalities for the export 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 A4 and A7/B7.
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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; and
• from the agreed date or the expiry date of any period fixed for taking
delivery which arise because he fails 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.
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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
• any additional costs incurred by failing either to take delivery of
the goods when they have been placed at his disposal, or to give
appropriate 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, all duties, taxes and other charges as well as the
costs of carrying out customs formalities payable upon export.
The buyer must reimburse all costs and charges incurred by the seller in rendering assistance in accordance with S2.
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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 place of taking delivery, 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 provide the seller with appropriate evidence of having taken delivery.
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B9 |
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Inspection of goods
The buyer must pay the costs of any pre-shipment inspection, including
inspection mandated by the authorizaties 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. |