THE
SELLER'S OBLIGATIONS
|
THE
BUYER'S OBLIGATIONS
|
A1
Provision of goods in conformity with the contract
The
seller must provide the goods and the commercial invoice,
or its equivalent electronic message, in conformity
with the contract of sale and any other evidence of
conformity which may be required by the contract.
|
B1
Payment of the price
The
buyer must pay the price as provided in the contract
of sale.
|
A2
Licences, authorisations and formalities
The
seller must obtain at his own risk and expense any export
licence or other official authorisation and carry out,
where applicable, all customs formalities necessary
for the export of the goods.
|
B2
Licences, authorisations and formalities
The
buyer must obtain at his own risk and expense any import
licence or other official authorisation and carry out,
where applicable, all customs formalities for the import
of the goods and for their transit through any country.
|
A3
Contracts of carriage and insurance
a)
Contract of carriage
The seller must contract on usual terms at his own expense
for the carriage of the goods to the named port of destination
by the usual route in a seagoing vessel (or inland waterway
vessel as the case may be) of the type normally used
for the transport of goods of the contract description.
b) Contract of insurance No obligation.
|
B3
Contracts of carriage and insurance
a)
Contract of carriage No obligation.
b) Contract of insurance No obligation.
|
A4
Delivery
The
seller must deliver the goods on board the vessel at
the port of shipment on the date or within the agreed
period.
|
B4
Taking delivery
The
buyer must accept delivery of the goods when they have
been delivered in accordance with A4 and receive them
from the carrier at the named port of destination.
|
A5
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 passed the ship's rail at the port of shipment.
|
B5
Transfer of risks
The
buyer must bear all risks of loss of or damage to the
goods from the time they have passed the ship's rail
at the port of shipment.
The buyer must, should he fail to give notice in accordance
with B7, bear all risks of loss of or damage to the
goods from the agreed date or the expiry date of the
period fixed for shipment 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.
|
A6
Division of costs
The
seller must, subject to the provisions of B6, pay
• all costs relating to the goods until such time as
they have been delivered in accordance with A4; and
• the freight and all other costs resulting from A3
a), including the costs of loading the goods on board
and any charges for unloading at the agreed port of
discharge which were for the seller's account under
the contract of carriage; and
• where applicable, the costs of customs formalities
necessary for export as well as all duties, taxes and
other charges payable upon export, and for their transit
through any country if they were for the seller s account
under the contract of carriage.
|
B6
Division of costs
The
buyer must, subject to the provisions of A3 a), pay
• all costs relating to the goods from the time they
have been delivered in accordance with A4; and
• all costs and charges relating to the goods whilst
in transit until their arrival at the port of destination,
unless such costs and charges were for the sellers account
under the contract of carriage: and
• unloading costs including lighterage and wharfage
charges, unless such costs and charges were for the
seller's account under the contract of carriage; and
• all additional costs incurred if he fails to give
notice in accordance with B7, for the goods from the
agreed date or the expiry date of the period fixed for
shipment, 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, where necessary,
for their transit through any country unless included
within the cost of the contract of carriage.
|
A7
Notice to the buyer
The
seller must give the buyer sufficient notice that the
goods have been delivered in accordance with A4 as well
as any other notice required in order to allow the buyer
to take measures which are normally necessary to enable
him to take the goods.
|
B7
Notice to the seller
The
buyer must, whenever he is entitled to determine the
time for shipping the goods and/or the port of destination,
give the seller sufficient notice thereof.
|
A8
Proof of delivery, transport document or equivalent
electronic message
The
seller must at his own expense provide the buyer without
delay with the usual transport document for the agreed
port of destination.
This document (for example a negotiable bill of lading,
a non-negotiable sea waybill or an inland waterway document)
must cover the contract goods, be dated within the period
agreed for shipment, enable the buyer to claim the goods
from the carrier at the port of destination and, unless
otherwise agreed, enable the buyer to sell the goods
in transit by the transfer of the document to a subsequent
buyer (the negotiable bill of lading) or by notification
to the carrier.
When such a transport document is issued in several
originals, a full set of originals must be presented
to the buyer.
Where
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.
|
B8
Proof of delivery, transport document or equivalent
electronic message
The
buyer must accept the transport document in accordance
with A8 if it is in conformity with the contract.
|
A9
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 A4.
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 arranged
by him. Packaging is to be marked appropriately.
|
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.
|
A10
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 messages (other than
those mentioned in A8) 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.
|
B10
Other obligations
The
buyer must pay all costs and charges incurred in obtaining
the documents or equivalent electronic messages mentioned
in A10 and reimburse those incurred by the seller in
rendering his assistance in accordance therewith.
|