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, all customs formalities
necessary 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 other official authorisation and carry out,
where applicable, 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 point, if any, at the named
port of destination. If a point is not agreed or is
not determined by practice, the seller may select the
point 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 board the vessel at the unloading point referred
to in A3 a), in the named port of destination on the
date or within the agreed period, in such a way as to
enable them to be removed from the vessel by unloading
equipment appropriate to the nature of the goods.
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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 have been delivered
in accordance with A4; and
• where
applicable (73, the costs of customs formalities necessary
for export as well as all duties, taxes or other charges
payable upon export of the goods and for their transit
through any country prior to delivery in accordance
with A4.
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B6
Division of costs
The
buyer must pay
• all
costs relating to the goods from the time they have
been delivered in accordance with A4, including the
expenses of discharge operations necessary to take delivery
of the goods from the vessel: 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.
• where
applicable (74, the costs of customs formalities as
well as all duties, taxes and other charges payable
upon import of the goods.
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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
Proof of delivery, 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 multimodal
transport document) to enable the buyer to claim the
goods from the carrier at the port of destination.
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 the 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 of 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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