Acceptance by quality and quality, reclamations

8.1. The Buyer checks the weight of the consignment of the cast-iron received in the presence of the Supplier's representatives.

Weighing is done by the organization nominated by the agreement of both Parties during discharging cast-iron from the ship at the port of destination. This coordination is done not later than 10 days from the discharging the first consignment of cast-iron in this Contract. If the results of weighing deviate more than 1%, the Parties are to perform recalculation according to the weight stated at reweighing at the port of unloading, the shortage or overweight to the amount of 1% including from the whole contractual amount is not to be taken into account.

8.2. If the Buyer wants to check the quality of the cast-iron delivered, then in the course of discharging the ship at the port of destination sampling of the incoming consignment of cast-iron is done by the representatives of the Chamber of Commerce (hereinafter "Ch.C") or by another organization agreed upon between the Parties (at the cost of the Buyer) in the presence of the Buyer and the Supplier. This coordination is done not later than 10 days before discharging the first consignment in the present Contract. 6 samples must be taken from each consignment, the samples being marked and sealed, two samples Nos. I and 2 are to be given to the Buyer; two samples Nos. 3 and 4 are to be given to the Supplier and two samples Nos. 5 and 6 are to be given to the representatives; of Ch.C or another organization of the Buyer's country for conducting an independent analyzing. In case there is no agreement with the quality of the commodity indicated in the" certificate of the Supplier "or the manufacturing plant the dispute between the Parties is to be settled in accordance with the laws of the Buyer's country.

8.3. Reclamations or declarations concerning any consignment of cast-iron cannot be considered as a basis for the Buyer to refuse paying for the disputed consignment of cast-iron and also for accepting and paying the following consignment of cast-iron envisaged for delivery according to the Contract.

8.4. Reclamations can be' lodged within __ days from the day of the cast-iron arriving at the port of destination. On expiration of this time-limit no requisitions concerning the quality of the cast-iron can be made.

Sanctions and forfeits

9.1. In case the Supplier does not deliver the products in full or in time in accordance with the Contract, he is to pay the penalty to the amount of__ % for the first 10 days of delay and ___ % every next 10 days of the delay of non-fulfillment of the Contract if he does not prove his being unguilty. The total of the fine should not exceed ___ % of the total sum of the Contract.

9.2. If the Buyer does not pay for the cost of the products in time according to the Contract, he is to pay the penalty to the amount of___ % for every day of the delay in payment. But the total sum of the fine should not exceed the cost of the products not paid according to the Contract.

Arbitration

All the disputes and differences which may arise out of or in connection with the present Contract, the Parties being unable to settle them between themselves by negotiating are to be submitted for consideration at the Arbitration court:

a) if the Supplier is the defendant in this dispute or difference, they are to be considered at the International commercial Arbitration court of law attached to the Ch.C. of the Ukraine, city of Kiev, in accordance with the Rules of Procedure at that court of law.

b) If the Buyer is the defendant in this dispute or difference, they will be considered at the Arbitration court ____ of the Buyer's country according to rules valid in that arbitration court of law.

Дата добавления: 2015-10-30