Force-Majeure

BLOCK 3. EXPORT CONTRACT FORM

LEAD-IN

¨ Have a look at the first page of the given contract form. What kind of contract is it? What kind of goods is it for?

¨ Is it regular to begin a sales contract with an insurance clause? Why?

FOCUS 1

Seller Foreign trade Association Moscow	CONTRACT by exporter CONTRACT by importer
Consignee	Buyer
Transport by air From Moscow To________________________________ (place of destination)	Terms of Delivery
Time of Delivery
Description of goods
Quantity Amount

The total value of the goods under the Contract makes:_________________

The Sellers have sold and the Buyers have bought under the present Contract the above goods on the stated terms. They have agreed on the following:

Insurance

Goods shall be insured by the Sellers with the Ingosstrakh of the RF on a.a.r. conditions in accordance with Para 2 Clause 1 of the Transport Insurance Rules of the Ingosstrakh of the RF. Insurance Policy to be issued in the name of the Buyers for … per cent of the cif value of the goods. Insurance against war and strike risks to be made at the Buyers’ request and for their account.

Terms of Payment

Payment for the goods will be made by the Buyers within 15 days from the date thereof by remitting to Account No …. for V/O … with the … Bank the total value of the goods to be shipped against the present Contract. Not later than 10 days after receipt of payment the Sellers shall effect shipment of the goods to the Buyers. All expenses connected with payment as well as bank commission will be paid by the Buyers.

Should the Buyers fail to observe the terms of payment stipulated in the Contract, the Buyers shall have to pay to the Sellers a fine of 0.15 per cent of the value of the goods to be delivered under the present Contract for each day of the delay within 30 days. After the expiry of 30 days no further fine will be charged, but the Buyers in addition to the sum of the fine charged will pay to the Sellers a penalty amounting to 10 per cent of the goods value to be delivered under the Contract. In this case the Sellers will be relieved from their obligations to deliver the goods under the Contract and the Buyers shall have no right to make any claims against the Sellers whatsoever with regard to non-fulfillment of the Contract.

Quality of Goods

The quality of the goods sold under the present Contract shall conform to the State Standards and Technical Conditions applied in the RF to these goods.

Packing and Marking

The goods will be packed in wooden cases or millboard boxes and marked as follows:

a) gross weight;

b) name and address of the Consignee;

c) Sender’s name and address.

Delivery and Acceptance of Goods

The goods will be considered as delivered by the Sellers and accepted by the Buyers:

1) as regards the gross weight and the number of cases – in accordance with the weight and the number of cases stated in an airway bill;

2) as regards the net weight and the quality – in accordance with the Sellers’ Specification. The date of an airway bill is to be considered as the date of delivery.

Force-Majeure

Should any circumstances preventing the complete or partial fulfillment by either party of the obligations under this Contract arise, viz.: fire, acts of God, wars, military operations, blockades, prohibitions on import or export, or any other contingencies beyond the parties’ control, the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which such circumstances will remain in force.

If the above circumstances continue to be in force for more than 3 months, each party shall have the right to refuse any further fulfillment of the obligations under this Contract and in such case neither of the parties shall have the right to make a demand upon the other party for compensation for any possible losses.

Each party shall immediately advise the other party as regards the beginning and the cessation of these circumstances. Certificates issued by a respective Chamber of Commerce of the Sellers’ or the Buyers’ country shall be a sufficient proof of such circumstances and their duration.

Arbitration

All disputes and differences which may arise out of the present Contract and/or in connection herewith are to be referred for settlement without recourse to the courts of law, to the Arbitration Court at the Chamber of Commerce in Moscow in accordance with the Rules of Procedure of the said Court, the awards, of which are final and binding upon both parties.

Дата добавления: 2015-10-30