Do not turn over

Consignor …………………………………...............

Country of destination, contract No

Package No.................................................

Port (Station) of destination

Consignee.................................................

7. Terms of Payment

Payment under the present Contract shall be effected by the Buyer by means ……………. against presentation by the Seller the following documents to the Bank.

8. Sanctions and Claims

Claims for shortage or damage of merchandise during transportation are to be made by the Buyer against the Carrier or the Insurer.

The Seller shall be liable to the payment of Liquidated Damages for default of several responsibilities under the Contract.

9. Force Majeure

Should any force majeure circumstances arise which hinder the fulfillment by any of the parties of their respective obligations under the contract, neither party is responsible for the non-fulfillment of its liabilities to the extent owing to such circumstances.

Natural disasters, war and military operations of any sort, blockades, embargo, prohibition of exports and imports, epidemics and other circumstances beyond the control of the parties are considered as force majeure.

10. Settlement of disputes and arbitration

Should any differences or disputes connected with the present Contract arise between the Seller and the Buyer, the parties will strive to reach friendly settlement of them and if such friendly settlement appears impossible and the parties fail to reach an agreement within 15 days in the manner of arrangement, the disputes will be submitted for the consideration of parity commission composed of 4 persons, 2 persons from each party.

Should the parity commission fail to settle the dispute within 15 days from the date of its establishment, the dispute will be at the written request of one of the parties submitted for the consideration of the Arbitration Court of the Trade Chamber.

11. Miscellaneous

Any alterations and amendments to this Contract shall be valid only if made in writing and duly signed by authorized representatives of both parties concerned.

After the contract has been signed all the previous negotiations and correspondence pertaining to it become null and void.

Neither party is entitled to transfer their rights and obligations to a third party without a written consent of the other contracting party.

The present Contract shall be valid from the date of signing

Legal Addresses of the Parties:

Seller..........................................................

Buyer.........................................................

Exercise 2. Find English equivalents:

изменения, дополнения, форс-мажорные обстоятельства, стихийные бедствия, передать правa и обязанности, уполномоченный представитель, паритетная комиссия, повреждение, отгрузочные документы, заключить контракт, полностью соответствовать, Арбитражный Суд, нестирающаяся краска, уведомлять телеграммой, количество, качество, торговая палата, отгрузка, при благоприятных условиях, достигать урегулирования дружественным путем, грузоотправитель, грузополучатель, представлять на рассмотрение.

Exercise 3. Answer the questions:

1. What circumstances are considered as force majeure?

2. How are the disputes usually settled?

Варіант 2

Exercise 1. Translate the contract in writing.

Moscow Desember, 1, 20… Firm "…", Moscow hereinafter referred to as the "Supplier" and, hereinafter referred to as "Customer" in view of rendering scientific and technical assistance have signed the Present Contract for the Works in oil and gas prospecting in N. The terms and conditions of the Contract are as follows:

Para 1

The Supplier shall render scientific and technical assistance to the Customer in the works in oil and gas prospecting in N….. For this purpose the Supplier send to N. his specialists.

Para 2

The number of specialists, their specialties and periods of stay in N shall be stipulated in the Appendix to the present Contract. The Appendix shall form an integral part of the Contract.

Para 3

To ensure successful fulfillment of works in oil and gas prospecting the Customer shall make all necessary arrangements to provide the project with skilled local personnel. For this purpose the Customer shall:

a) employ the required number of qualified engineers, technicians and skilled workers;

b) arrange training of the required number of skilled and semiskilled workers in the training centres of the Customer's country;

c) arrange training of the required number of engineers, technicians, skilled and unskilled workers under the supervision of the Supplier's specialists.

Para 4

1. The Customer shall reimburse the Supplier for:

a) monthly salaries of specialists in local currency from the date of^; arrival in N up to the date of departure from N at the following rates:...;

b) transfer allowance to every specialist sent to N. for a period of one year or more at the following rates:...;

c) air travel expenses of the specialists and their family members from Moscow to N and back; including the cost of excess luggage transportation over and above the free allowance.

d) round travel expenses (excluding luggage) for specialists and their family members going on home leave;

e) the period of specialists' holiday.

f) expenses incurred on the Insurance of the Supplier's specialists against professional risks and/or accidents during their stay in N at the rate of per year per each specialist.

2. The Supplier shall bear expenses of sending interpreters and their family members.

Para 5

The Customer at his own expense shall ensure:

a) meeting and seeing off specialists, interpreters and their family members.

b) the travel of specialists, interpreters and their family members to the duty station by railway (air-conditioned coaches) and/or by car and also transportation of their luggage;

c) first class hotel accommodation for specialists, interpreters and their family members on their way to the duty station in and back including expenses for service and meals;

d) transport facilities for business trips;

e) first class hotel accommodation (or adequately furnished flats) and offices;

f) adequate medical service including hospitalization if necessary;

g) transport facilities for sightseeing and social purposes;

h) primary, school facilities for children of specialists and interpreters.

Para 6

1. If any of the Supplier's specialists fall ill while staying in N, the Customer shall continue payment of his monthly salaries for a period of up to two months.

2. In the event of prolonged illness of a specialist the Supplier shall replace him and the Customer shall reimburse the Supplier for all expenses incurred.

3. The Supplier reserves the right to recall any of his specialists and replace him with another specialist of similar qualification and experience.

4. The Supplier's personnel shall observe all the laws, rules and regulations of the Customer's country and also respect the local customs.

Para 7

Payments under the present Contract shall be effected in the following manner: all expenses of sending the Supplier's specialists to N shall be paid by the Customer.

Para 8

To effect payment under this Contract the officials of the Supplier's side in N shall, once every months, draw invoices in 3 copies to the Customer through Bank of …………..for collection.

The Customer shall pay against the above invoice within 15 (fifteen) days from the date of receiving the invoices.

Para 9

The parties shall not transfer their right and obligations under this Contract to any third party without the other party's consent in writing.

Para 10

After signing the present Contract all other previous discussions and correspondence between the parties shall be considered null and void.

Para 11

All alterations and amendments to this Contract shall be made in writing and signed by the representatives of the parties concerned.

Para 12

The present Contract shall be valid from the date of signing.

Legal Addresses of the Parties:

Customer..................................................... Suplier …………………………………..

Exercise 2. Find English equivalents:

нанимать, месячная зарплата, расходы на проезд самолетом, размещение в первоклассных отелях, сохранять право, соответствующее медицинское обслуживание, разведка нефти и газа, несчастный случай, учебный центр, расходы по проезду туда и обратно, понесенные расходы, соблюдать законы, место работы, оказывать научное и техническое содействие, подъемные, встреча и проводы, отозвать специалиста, счет, неотъемлемая часть, квалифицированный рабочий, страхование, на инкассо, недействительный, действительный, изменение, дополнение.

Exercise 3. Answer the questions:

1.What shall the Customer do to ensure successful fulfillment of the contract?

2.Who shall bear expenses incurred on the Insurance of the Suррlіеr's specialists?

Варіант 3

Exercise 1. Translate the contract in writing.

Moscow November 30, 20

Firm "__________", Moscow, hereinafter referred to as the "Supplier", on the one part, and firm “__________”, Kyiv hereinafter referred to as the "Customer", on the other part, have concluded the present Contract for the following.

Article 1

The Supplier shall at the "Customer's request receive during the period of 20.. – 20.. the Customer's specialists and skilled workers hereinafter referred to as "Trainees" for industrial and technical training at the Supplier's enterprises. In 20.. the Supplier shall receive 29 trainees of the Customer for industrial and technical training in Russia. The field of their training and the period of their stay in Russia, are stated in the appendix which is considered to be an integral part of the present Contract.

Article 2

Technical and industrial training of the Customer's trainees shall be carried out in accordance with the programmes to be prepared and agreed, upon with the Customer's representatives when the trainees arrive at the Russia enterprises where the training will be carried out.

Article 3

Technical and industrial training of the Customer's trainees shall be carried out in the Russian language with the help of interpreters of the English language.

Article 4

Technical and Industrial training of the trainees (practical training and theoretical classes, studies of the Russian language, preparation of the training programmes, use of manuals as well as the services of interpreters) shall be provided by the Supplier free of charge.

The Supplier shall provide the trainees with free medical services including hospitalization if necessary, but excluding the cost of medicines (in case of out-patient treatment).

Article 5

The Customer shall send the trainees to Russia without their families. Three months before the trainees' arrival in Moscow the Customer shall submit to the Supplier a list of trainees, indicating the proposed field and speciality of training, details of their educational qualifications and industrial experience in Russia.

The Customer shall notify the Supplier of the date of the trainees' departure for Moscow a month in advance. Before their trip to Moscow the trainees shall be medically examined and shall have health certificates stating their fitness for the technical and industrial training required in their certain speciality.

Article 6

The trainees shall observe the Russian laws and customs, as well as rules and regulations in force at the enterprises of training and in hotels. They shall also observe the instructions on the industrial safety measures in the course of training.

Article 7

The Supplier shall provide the trainees with three meals a day as well as with transport for their trips from their residence to the place of training and back. Besides, the trainees shall be provided with overalls and extra meals (special meals) as per the Russian norms in force.

During the technical and industrial training the Supplier shall provide the trainees with hotel accommodation or living accommodation, one room for two trainees.

Article 8

The Customer shall provide the trainees for the whole period of training in Moscow with pocket money and warm (winter) clothes as well as shall pay directly the trainees' travelling expense from Kyiv to Moscow and back and cover luggage transportation expenses.

The Customer shall pay the expenses on insurance of the trainees against accidents and illness for the duration of their stay in Moscow.

Article 9

The Customer may recall either at his own discretion or at the Suррlіеr's request their trainees from Russia and replace them by others, and the parties shall inform each other both of a withdrawal and replacement in writing. The expenses to be incurred in connection with the withdrawal of a trainee for the reason beyond the Suррlіеr's control shall be borne by the Customer.

Exercise 2. Find English equivalents:

по своему выбору, стажер, отзыв, замена, расходы на переезд, несчастный случай, представлять, предполагаемая область и специальность обучения, справка о здоровье, техническое и производственное обучение, квалификация по образованию, трехразовое питание, размещение и проживание в гостинице, место жительства, инструкции по технике безопасности, медикаменты, амбулаторное лечение.

Exercise 3. Найдите в первом параграфе предложение с конструкцией “именительный падеж с инфинитивом." Выпишите и переведите его.

Exercise 4.. Найдите во втором и девятом параграфах предложения с инфинитивом в функции определения. Выпишите и переведите их.

Варіант 4

Exercise 1. Translate the contract in writing.

TIME AND DATE OF DELIVERY

The goods are to be delivered in the time stipulated in the Specifications attached to the present Contract.

The date of _______________________ is to be considered as the date of delivery.

Delivery before the time stipulated in the Contract as well as partial delivery of the goods without accessories is not allowed without the Buyers' consent.

QUALITY

The quality of the goods is to be in conformity with the requirements given in the Specifications attached to the Contract.

The goods are to be of the latest design and manufactured of the first grade materials. The Sellers on their own initiative but at the Buyers' consent or request are to make improvements of the design and the materials of which the goods are made taking into account the latest technical achievements in this field without any extra charges or postponement of the delivery time.

The quality of the goods is to be evidenced by a Certificate of Quality issued by the manufacturing works or by a Letter of Guarantee of the Sellers.

PACKING AND MARKING

Packing should protect the cargo from any damage, corrosion and shortage during transportation by all kinds of transport involving several transshipments en route. A definite kind of packing may be indicated in the Specifications to the Contract.

Each case is to contain a Packing List indicating the denomination of the goods and spare parts, Contract No., Trans No., Case No., Item No. as per the Specification, Series No. Net gross weight. Packing Lists are to be inserted in each case in a waterproof envelope.

The Sellers are to submit for the Buyers' approval overall sketches of the equipment. The size, weight and the centre of gravity of the case are to be indicated on each sketch.

The following marking is to be made in waterproof black paint on each case in Russian and English:

Top

With Care

Do not turn over

Y/0

Contract No.

Trans No.

Narjad No.

Case No.

Gross weight... kg

Net weight... kg

Size of case (length, width, height in cm).

The Sellers are to bear responsibility for all eventual losses and/or damages caused by inadequate or unsuitable packing and marking.

PAYMENT

Payment is to be effected in within …days after receipt by the Buyers through the Bank for Foreign Economic affairs of the following documents:

a. Invoice;

b. Full set of clean on board Bills of Lading issued in the name of the Buyers, with destination to the port of Ukraine indicated by the Buyers, or airway bill, or railway bill, or post receipt;

c. Certificate of Quality of the manufacturing works or a Letter of Guarantee of the Sellers;

d. Case Specification or Packing List.

ADVICE OF SHIPMENT AND SHIPPING INSTRUCTIONS

The Sellers are to cable to the Buyers within 24 hours after shipment stating the following data: date of shipment, Contract No., denomination of the goods, number of cases, weight, ship's name, B/L No. (or railway bill or airway bill, or post receipt), Trans No.

INSPECTION AND TESTS

The Buyers have the right to send their inspectors to the manufacturing plant in the Sellers' country to participate in the inspection and tests of the goods.

The Sellers are to render assistance to the Buyers' inspectors to enable them to perform such inspection and tests.

If such inspection or tests reveal that the goods do not comply with the Contract conditions or have defects of any kind, the Sellers are to eliminate such defects.

Exercise 2. Find English equivalents:

упаковочный лист, ответственность, подтверждать, защищать, гарантийное письмо, центр тяжести, счет, по своей инициативе, поставки, убытки, упаковочный лист, коносамент, получение, соответствовать, в пути, сертификат качества, наименование товара, завод-изготовитель, первосортные материалы, водонепроницаемый конверт, авианакладная, железнодорожная накладная, оказывать помощь, устранять дефекты.

Exercise 3. Answer the questions:

1.What is the purpose of packing?

2.What documents evidence the quality of the goods?

Варіант 5

Exercise 1. Translate the contract in writing.

GUARANTEE AND CLAIMS

The Sellers guarantee that the quality of the goods conform to the requirements of the Contract and in particular guarantee that:

a) the delivered goods and all the accessories conform to the latest achievements of techniques and the highest standards existing in the Sellers' country at the time of execution of the present Contract;

b) the material of which the goods and all the accessories have been manufactured are of the highest quality;

c) the goods have been delivered complete with all the necessary accessories in strict accordance with the terms and conditions of the Contract so that to ensure their normal and uninterrupted operation;

d) the drawings and other technical documents are of high quality and are sufficient for mounting and operation of the equipment.

The guarantee period is 12 months from the date of putting the equipment, apparatus and/or instruments into operation, but not more than 15 months from the date of shipment.

In case of a delay in putting the equipment, apparatus and/or instruments into operation through the Sellers' fault, the period of the guarantee is to be prolonged accordingly.

Should the goods and/or accessories prove to be defective during the period of guarantee or to be not in conformity with the terms and conditions of the Contract, the Sellers undertake, at the Buyers' option, to eliminate the defects or to replace the faulty goods free of charge and without a delay, the cost of transportation and insurance being at the Sellers' expenses. If, according to agreement between the parties, the defects have been eliminated by the Buyers, the expenses involved are to be paid by the Sellers.

Any claims, if any, are to be presented by the Buyers to the Sellers not later than 30 days after the date of expiration of the guarantee period provided that the defects have been discovered during the guarantee period.

CONTINGENCIES

Should any circumstances arise preventing any of the parties to fulfill their respective obligations under this Contract partially or in full, namely: acts of elements, war, military operations of any character, blockades, prohibitions of exports or imports, the time of delivery under this Contract. It is to be extended for the period equal to that during which such circumstances will remain in force. The Sellers are to immediately advise the Buyers by cable of the beginning and cessation of the above circumstances preventing them to fulfill their obligations.

In case a delay the delivery of the goods owing to the above circumstances is more than 3 months, the Buyers have the right to refuse fulfillment of the Contract in full or in respect of any part of the goods not delivered by the time stipulated and in this case the Sellers are not entitled to claim from the Buyers any compensation for eventual losses.

Certificates issued by the Chamber of Commerce of the Sellers' country will be sufficient evidence of such circumstances and their duration.

PENALTY

If the Sellers fail to deliver the goods in the time stipulated by the contract, they are to pay to the Buyers a penalty at the rate of …per cent of the value of the goods delayed for each week during the first______weeks and …per cent of the value of the goods for each following week of the delay in the delivery. However, the total sum of the penalty is not to exceed________per cent of the value of the goods delayed.

The sum of the penalty is to be deducted by the Buyers from the Sellers' invoices. The payment of the penalty does not free the Sellers from their obligation to deliver the goods under the present Contract.

Should a delay in the delivery exceed 3 months, the Buyers have the right to cancel the Contract.

Exercise 2. Find English equivalents:

начало и прекращение указанных обстоятельств, поставленный товар, без задержки, истечение гарантийного срока, доказательство, превышать стоимость товаров, просрочка в поставке, стихийное бедствие, исполнение контракта, за счет продавца, расторгнуть контракт, заменить дефектный товар, устранить дефекты, страхование, штраф, бесплатно, по вине продавца.

Exercise 3. Answer the questions:

1.What circumstances are considered as contingencies?

2.In what cases are the Sellers penalized?

Дата добавления: 2015-11-16