A.1. General Obligations of the Seller
B.1. General Obligations of the Buyer
The seller is obliged under the contract of sale to provide the buyer with the goods, the commercial invoice, as well as any other evidence of the conformity of the goods with the terms of the contract of sale that may be required by the terms of the contract.
Any document referred to in paragraphs A1-A10 may be replaced by an equivalent electronic record or process if agreed by the parties or customary.
The buyer is obliged to pay the price of the goods specified in the purchase contract.
Any document referred to in paragraphs B1-B10 may be in the form of an equivalent electronic record or other method if agreed by the parties or customary.
A.2. Licenses, permits, security checks and other formalities
B.2. Licenses, permits, security checks and other formalities
If necessary, the seller has to obtain an export license or other official approval at his own expense and risk and to complete all customs formalities required for the export of the goods and their transport through each country.
If necessary, the buyer has to obtain an import license or other official approval at his own expense and risk and to complete all customs formalities required for the import of the goods and their transport through each country.
A.3. Contracts of Carriage and Insurance
B.3. Contracts of Carriage and Insurance
a) Contract of Carriage
The seller must authorize or cause to be authorized for carriage of the goods from the named place of delivery, if any, or from the place of delivery to the named place of destination or, if agreed, to any point therein.
The contract of carriage must be made under normal conditions at the expense of the seller and provide for carriage in the usual direction and by the usual route. If a specific point has not been agreed or cannot be determined in practice, the seller can choose the delivery point or point at the agreed destination that is most suitable for his purposes.
b) Insurance contract
Seller must purchase, at Seller’s expense, cargo insurance at least equal to the minimum coverage required by Section “C” of the Institute’s Freight Clause (LMA/IUA) or similar terms. The insurance contract must be made with a reputable insurer or insurance company and give the buyer or any person having an insurable interest in the goods the right to claim directly against the insurer.
At Buyer’s request, and provided Buyer provides the necessary information requested by Seller, Seller shall, at Buyer’s expense, purchase additional insurance such as that provided for in Section “A” or “B” of the Institute’s Cargo Insurance Conditions (LMA/IUA) or otherwise similar conditions and/or coverage in accordance with the Institute’s War Conditions and/or the Institute’s LMA/IUA Strike Conditions or similar conditions.
The insurance must cover at least the price agreed in the contract of sale plus 10% (ie 110%) and be taken out in the currency of the contract of sale.
The insurance must cover the goods from the place of delivery in accordance with paragraphs A4 and A5 and at least to the named place of destination.
Seller must provide Buyer with an insurance policy or other proof of insurance.
In addition, the seller must provide the buyer, at the buyer’s request, risk and expense, with the information that the buyer may need to obtain additional insurance.
a) Contract of Carriage
The buyer is under no obligation to the seller to enter into a contract of carriage.
b) Insurance contract
The buyer is not obliged to the seller to conclude an insurance contract. However, upon request, the buyer must provide the seller with the necessary information for additional insurance requested by the buyer in accordance with paragraph A3 b).
B.4. Delivery Acceptance
The seller must deliver the goods by handing them over to the commissioned freight forwarder in accordance with section A3 on the agreed date or within the agreed period.
The buyer must take delivery of the goods as soon as they have been delivered in accordance with A4 and collect them from the carrier at the named place of destination.
A.5. transfer of risk
B.5. transfer of risk
The seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with paragraph A4, except for risks of loss or damage in the circumstances referred to in paragraph B5.
The buyer bears all risks of loss of or damage to the goods from the time of delivery in accordance with paragraph A4.
If the buyer fails to comply with his obligation to notify under paragraph B7, he shall bear all risks of loss of or damage to the goods from the agreed date or from the day on which the agreed delivery period has expired, provided that the goods are clearly marked as subject matter of the contract is.
A.6. cost allocation
B.6. cost allocation
The seller must pay:
(a) all costs relating to the Goods up to the time of delivery in accordance with paragraph A4, except for those costs borne by the Buyer in accordance with paragraph B6; and
b) freight and other costs as referred to in paragraph A3 a), including the cost of loading the goods and any charges associated with unloading the goods at the place of destination, borne by the seller under the contract of carriage; and
c) Insurance costs according to Section A3 b);
d) if applicable, the costs of the customs formalities required for the export of the goods as well as customs duties, taxes and fees incurred during export and the costs of their transport through third countries, insofar as they are assigned to the seller under the conditions of the contract of carriage.
Subject to the provisions of paragraph A3 a), the Buyer must
a) all costs in connection with the goods from the time of delivery in accordance with paragraph A4, except where applicable the costs of completing customs formalities for the export of the goods and any taxes, duties and other costs payable for export in accordance with paragraph A6 d);
b) all costs and charges in connection with the goods during carriage until their arrival at the agreed destination, unless such costs and charges are charged to the seller under the contract of carriage;
(c) unloading costs, unless such costs are attributable to Seller under the contract of carriage;
d) any additional costs incurred as a result of the Seller’s failure to give notice in accordance with Section B7 from the agreed date or the date of expiry of the agreed dispatch period, provided that the goods have been clearly identified as goods which are the subject of the contract;
e) where applicable, the costs of paying taxes, duties and other official charges, as well as the completion of customs formalities arising from the importation of the goods and the costs of transporting them through each country, to the extent that such costs and charges are not calculated below the contract of carriage with the Salesperson.
f) the cost of any additional insurance provided at Buyer’s request in accordance with paragraphs A3 and B3.
A.7. Buyer Notes
B.7. Seller Notes
The seller must notify the buyer that the goods have been delivered in accordance with A4.
Seller must give notice to Buyer to enable Buyer to take such action as is normally necessary for Buyer to receive the Goods.
Insofar as the buyer is entitled to determine the time of dispatch of the goods and/or the named place of destination or the point of receipt of the goods at this place, he must notify the seller of this in good time.
A.8. delivery document
B.8. proof of delivery
Where customary or at the request of the Buyer, the Seller shall provide the Buyer, at its own expense, with the customary transport document(s) in accordance with the contract of carriage made pursuant to Clause A3.
The transport document must cover the goods in accordance with the contract and be dated within the agreed shipping period. Where agreed or generally accepted, the document must also enable the buyer to claim the goods from the carrier at the named place of destination and enable the buyer to sell the goods at the time of carriage by delivery of the document to a subsequent buyer or by Notice to the carrier.
If the transport document is negotiable and made out in several originals, all originals must be handed over to the buyer.
The buyer must accept the transport document issued in accordance with paragraph A8 if it meets the terms of the contract.
A.9. Inspection, packaging, labelling
B.9. Goods control
The seller shall bear all costs related to the inspection of the goods (quality control, measuring, weighing, counting) necessary for the delivery of the goods in accordance with clause A4 and the costs of pre-shipment inspection of the goods required by the authorities of the exporting country is mandatory.
The seller is obliged to ensure the packaging of the goods at his own expense, unless it is customary in the industry to send the goods in accordance with the contract unpackaged. The seller may pack the goods in a manner necessary for transport, unless the buyer informs the seller of special packaging requirements before the contract is concluded. The packaged goods must be properly labeled.
The buyer is obliged to bear the cost of the mandatory inspection of the goods before shipment, unless such inspection is carried out by order of the authorities of the exporting country.
A.10. Assistance in obtaining information and related costs
B.10. Assistance in obtaining information and related costs
If required, Seller shall promptly provide Buyer or assist Buyer in obtaining, at Buyer’s request and at Buyer’s risk and expense, documents and information, including security information, that Buyer may need to import the Goods and/or to be transported to the final destination. Destination.
Seller shall reimburse Buyer for all costs and fees incurred by Buyer in obtaining or assisting in obtaining documents and information in accordance with Paragraph B10.
The buyer must notify the seller of the safety information requirements in good time to allow the seller to act in accordance with Section A10.
The buyer shall reimburse the seller for costs and charges incurred in providing or facilitating the receipt of documents and information in accordance with paragraph A10.
If required, Buyer shall promptly provide Seller or assist Seller in obtaining, at Seller’s request and at Seller’s own risk and expense, any documents and information, including security information, that Seller may need for the carriage, export of the Goods and for the purposes required their carriage by each country.