| S |
- |
THE SELLER'S OBLIGATIONS |
| S1 |
- |
Provision of goods in conformity with the contract
The seller must provide the goods and the commercial invoice, or its
equivalent electronic mesage, in conformity with the contract of sale
and any other evidence of conformity which may be required by the
contract.
|
| S2 |
- |
Licences, authorizations and formalities
The seller must obtain at his own risk and expense any export licence or
other official authorization and carry out, where applicable, all
customs formalities necessary for the export of the goods.
|
| S3 |
- |
Contracts of carriage and insurance
a) Contract of carriage
No obligation
b) Contract of insurance
No obligation
|
| S4 |
- |
Delivery
The seller must place the goods alongside the vessel nominated by the
buyer at the loading place named by the buyer at the named port of
shipment on the date or within the agreed period and in the manner
customary at the port.
|
| S5 |
- |
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.
|
| S6 |
- |
Division of costs
The seller must, subject to the provisions of B6, pay
all cost relating to the goods until such time as they have been delivered in accordance with S4; and
where applicable, the costs of customs formalities as well as all duties, taxes, and other charges payable upon
export.
|
| S7 |
- |
Notice to the buyer
The seller must give the buyer sufficient notice that the goods have been delivered alongside the nominated vessel.
|
| S8 |
- |
Proof of delivery, transport document or equivalent electronic message
The seller must provide the buyer at the seller's expense with the usual proof of delivery of the goods in accordance with S4.
Unless the document referred to in the preceding paragraph is the
transport document, the seller must render the buyer at the latter's
request, risk and expense, every assistance in obtaining a transport
document (for example a negotiable bill of lading, a non-negotiable sea
waybill, an inland waterway document).
When the seller and the buyer have agreed to communicate electronically,
the document referred to in the preceding paragraphs may be replaced by
an equivalent electronic data interchange (EDI) message.
|
| S9 |
- |
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 ship the goods of the contract description
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.
|
| S10 |
- |
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 that those mentioned in S8) issued or
transmitted in the country of shipment and/or of origin which the buyer
may require for the 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.
|
| |
|
|
| B |
- |
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
other official authorization and carry out, where applicable, all
customs formalities for the import of the goods and for their transit
through any country.
|
| B3 |
- |
Contracts of carriage and insurance
a) Contract of carriage
The buyer must contract at his own expense for the carriage of the goods from the named port of shipment.
b) Contract of insurance
No obligation
|
| B4 |
- |
Taking delivery
The buyer must take delivery of the goods when they have been delivered in accordance with S4.
|
| B5 |
- |
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 the agreed period for
delivery which arise because he fails to give notice in accordance with
B7, or because the vessel nominated by him fails to arrive on time, or
is unable to take the goods, or closes for cargo earlier than the time
notified 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.
|
| B6 |
- |
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, either because the vessel nominated by
him has failed to arrive on time, or is unable to take the goods, or
closes for cargo earlier than the time notified in accordance with B7,
or because the buyer has failed 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 import of the
goods and for their transit through any country.
|
| B7 |
- |
Notice to the seller
The buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time.
|
| B8 |
- |
Proof of delivery, transport document of equivalent electronic message
The buyer must accept the proof of delivery in accordance with S8.
|
| B9 |
- |
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.
|
| B10 |
- |
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. |
