Technical Documentation

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Contract No …

For Machinery

Moscow “___”________20__

Messrs.______________________ hereinafter referred to as the Sellers, on the one part, and _______________________, Moscow, hereinafter referred to as the Buyers, on the other part have concluded the present Contract for the following:

Subject of the Contract

1.1. The sellers have sold and the Buyers have bought the following equipment on F.O.B. __________ terms: ______________________________________________________________________________________

Prices and total value of the Contract

2.1. The total value of the Contract amounts to_________________________________________________

2.2. The prices are understood to be F.O.B. ______________ including cost of export sea packing, marking, loading on board a ship, stowing and fastening the equipment in the hold, the cost of the materials used for the purpose as well as dock and port dues, cranage and customs duties connected with the execution of the present Contract. The prices are firm for the duration of the Contract and not subject to any alterations.

Delivery Dates

3.1. The equipment specified in Clause 1 of the present Contract is to be delivered as follows: ____________

By the time stipulated the equipment is to be manufactured in accordance with the conditions of the Contract, tested, packed, marked and delivered F.O.B.___________

3.2. Within the period specified the equipment is to be shipped from the port of _________ by the first vessel available ______________________________________________

3.3. The delivery date is understood to be the date of the clean “on-board” Bill of Lading issued in the name of ________ destination __________ port of the _____________

Agreed and Liquidated Damages

4.1. If the delivery date stipulated by the Contract is not observed and the shipment of the goods is delayed the Sellers are to pay penalty at the rate of 0.5 per cent of the total value of the equipment delayed for each commenced week for the first four weeks of delay and 1 per cent for each following commenced week thereafter. However, the total amount of the penalty is not to exceed 10 per cent of the value of the equipment delayed.

4.2. In case of delay in delivery exceeding 3 months the Buyers have the right to cancel the contract either wholly or partially without any compensation of the losses the Sellers may sustain in connection with such a cancellation. In this case the Sellers are to pay to the Buyers penalty at the rate of 10 per cent of the value of the delayed equipment and to return immediately all the amounts received from the Buyers prior to the cancellation of the Contract plus __________________ per cent interest per annum.

4.3. The rate of penalty is not subject to alterations by arbitration. The penalty amount is to be deducted from the Sellers’ invoices when payment is effected by the Buyers. Should by any reason the Buyers fail to deduct the penalty amount from the Sellers’ invoice the Sellers are to pay it at the Buyers’ first request.

Payment

5.1. Payment for the delivered equipment is to be effected in _____________ against the documents sent for collection in the following way:

_____ per cent of the value of the completely delivered equipment to be paid within 30 days of receipt by the bank ____________, Moscow, of the following documents:

a) Original and two copies of the detailed invoice, separate for each Consignee;

b) Full set of clean “on-board” Bill of Lading issued in the name of the Consignee as per Appendix No. _______ destination_________ port of the _________;

c) Packing lists in triplicate;

d) Test Report or any other document as to the quality of the equipment;

e) Copy of the Sellers’ letter about the dispatch of the technical documentation in accordance with Clause No.6 of the Contract;

f) Copy of the Export Licence, if required.

5.2. _____ per cent of the value of the equipment delivered to be paid after the start-up of the equipment and the expiration of the guarantee period provided the equipment has reached the guaranteed capacity and quality of operation, but not later than ______ months from the date of delivery.

Payment of this amount is to be effected after the expiration of the guarantee period within 30 days of receipt of the Sellers’ invoice and the Start-up Report, issued at the Buyers’ factory. Payment is to be effected for the equipment delivered complete.

5.3. In the letter of collection issued by the Sellers and/ or their Bank the stipulation should be made saying that the Buyers have the right to make deductions from the collection amount in accordance with Clause No.4 (Agreed and Liquidated Damages) and Clause No. 12 (Insurance) of the Contract.

5.4. All the expenses connected with the collection are to be defrayed by the Sellers.

Technical Documentation

Within _____ days of the date of the Contract the Sellers are to send two sets of the following technical documents for each complete machine to the address of ________

a) General view and assembly drawings of the equipment with main dimensions, itemized list of all parts and assemblies of the machine as well as their detailed specification;

b) Technical description and production characteristics of the machine;

c) Instructions for erection, testing, operation and maintenance of the equipment, lubrication, pneumatics, mechanical working and electrical diagrams;

d) Drawings of the parts of tear and wear;

e) Catalogue of spare parts.

The Sellers will send the Buyers a copy of the letter covering the dispatch of the technical documents to the address specified by the Buyers and enclosing the list of the documents sent.

Furthermore two copies of the above technical documents, the Certificate of Quality or the Report on Tests stating that the equipment has been manufactured in accordance with the conditions of the contract, the Technical Data Sheet for the equipment are to be packed in Case No.1 in waterproof wrapping together with the equipment.

All the technical documents including the inscriptions on the drawings are to be made in Russian.

If the technical documentation is not placed in the cases or not sent the delivery is considered incomplete and in this case the guarantee period begins on the day of receipt of a complete set of the technical documents by the relevant addressee specified by the Buyers.

Дата добавления: 2015-10-30