THE
SELLER'S OBLIGATIONS
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THE
BUYER'S OBLIGATIONS
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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.
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B1
Payment of the price
The
buyer must pay the price as provided in the contract
of sale.
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A2
Licences, authorisations and formalities
The
seller must obtain at his own risk and expense any export
licence or other official authorisation or other documents
and carry out, where applicable (76 , all customs formalities
for the export of the goods, and for their transit through
any country
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B2
Licences, authorisations and formalities
The
buyer must obtain at his own risk and expense any import
licence or official authorisation or other documents
and carry out, where applicable (77, all customs formalities
necessary for the import of the goods.
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A3
Contracts of carriage and insurance
a)
Contract of carriage
The
seller must contract at his own expense for the carriage
of the goods to the named quay (wharf) at the named
port of destination. If a specific quay (wharf) is not
agreed or is not determined by practice, the seller
may select the quay (wharf) at the named port of destination
which best suits his purpose.
b)
Contract of insurance No obligation.
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B3
Contracts of carriage and insurance
a)
Contract of carriage No obligation.
b)
Contract of insurance No obligation.
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A4
Delivery
The
seller must place the goods at the disposal of the buyer
on the quay (wharf) referred to in A3 a), on the date
or within the agreed period.
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B4
Taking delivery
The
buyer must take delivery of the goods when they have
been delivered in accordance with A4.
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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 been delivered in accordance with A4.
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B5
Transfer of risks
The
buyer must bear all risks of loss of or damage to the
goods from the time they have been delivered in accordance
with A4.
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
agreed period for delivery 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.
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A6
Division of costs
The
seller must, subject to the provisions of B6, pay
• in
addition to costs resulting from A3 a), all costs relating
to the goods until such time as they are delivered on
the quay (wharf) in accordance with A4; and
• where
applicable, the costs of customs formalities necessary
for export as well as all duties, taxes and other charges
payable upon export of the goods and for their transit
through any country prior to delivery.
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B6
Division of costs
The
buyer must pay
• al!
costs relating to the goods from the time they have
been delivered in accordance with A4, including any
costs of handling the goods in the port for subsequent
transport or storage in warehouse or terminal; and
• all
additional costs incurred if he fails to take delivery
of the goods when they have been placed at his disposal
in accordance with A4, or to give notice in accordance
with B7, provided, however, that the goods have-been
appropriated to the contract, that is to say, clearly
set aside or otherwise identified as the contract goods;
and
• where
applicable, the cost of customs formalities as well
as all duties, taxes and other charges payable upon
import of the goods and for their subsequent transport.
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A7
Notice to the buyer
The
seller must give the buyer sufficient notice of the
estimated time of arrival of the nominated vessel 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 delivery of
the goods.
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B7
Notice to the seller
The
buyer must. whenever he is entitled to determine the
time within an agreed period and/or the point of taking
delivery in the named port of destination, give the
seller sufficient notice thereof.
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A8
Transport document or equivalent electronic message
The
seller must provide the buyer at the seller's expense
with the delivery order and/or the usual transport document
(for example a negotiable bill of lading, a non-negotiable
sea waybill, an inland waterway document or a multirnodal
transport document) to enable him to take the goods
and remove them from the quay (wharf).
Where
the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding
paragraph may be replaced by an equivalent electronic
data interchange (EDI) message.
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B8
Proof of delivery, transport document or equivalent
electronic message
The
buyer must accept the delivery order or transport document
in accordance with A8.
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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 deliver the
goods of the contract description unpacked) which is
required for the delivery of the goods. Packaging is
to be marked appropriately.
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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.
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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 dispatch and/or origin which the buyer may
require for the import of the goods. The seller must
provide the buyer, upon request, with the necessary
information for procuring insurance.
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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.
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