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.
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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 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, where necessary, for their transit through any
country. |
A3 Contracts of carriage and
insurance a) Contract of carriage No obligation b) Contract of
insurance No obligation |
B3 Contracts of carriage and
insurance a) Contract of carriage The buyer must contract at
his own expense for the carriage of the goods from the named
port of shipment. b) Contract of insurance No obligation.
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A4 Delivery The seller must deliver the goods
on the date or within the agreed period at the named port of
shipment and in the manner customary at the port on board the
vessel nominated by the buyer. |
B4 Taking delivery The buyer must take delivery
of the goods when they have been delivered in accordance with
A4. |
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 named 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 named port of
shipment; and • from the agreed date or the expiry date of the
agreed period for delivery which arise because he fails to
give notice in accordance with B7, or because the vessel
nominated by him fails to arrive on time, or is unable to take
the goods, or closes for cargo earlier than the time notified
in accordance with B7, 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 passed the ship's rail at the
named port of shipment; and • where applicable, the costs of
customs formalities necessary for export as well as all
duties, taxes and other charges payable upon export. |
B6 Division of costs The buyer must pay • all
costs relating to the goods from the time they have passed the
ship's rail at the named port of shipment; and • any
additional costs incurred, either because the vessel nominated
by him fails to arrive on time, or is unable to take the
goods, or closes for cargo earlier than the time notified in
accordance with B7, or because the buyer has failed to give
appropriate notice in accordance with B7, 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 for their
transit through any country. |
A7 Notice to the buyer The
seller must give the buyer sufficient notice that the goods
have been delivered in accordance with A4. |
B7 Notice to the seller The
buyer must give the seller sufficient notice of the vessel
name, loading point and required delivery time. |
A8 Proof of delivery, transport document or
equivalent electronic message The seller must provide the
buyer at the seller's expense with the usual proof of delivery
in accordance with A4. Unless the document referred to in the
preceding paragraph is the transport document, the seller must
render the buyer, at the latter's request, risk and expense,
every assistance in obtaining a transport document for the
contract of carriage (for example, a negotiable bill of
lading, a non-negotiable sea waybill, an inland waterway
document, or a multimodal transport document). 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. |
B8 Proof of delivery, transport document or
equivalent electronic message The buyer must accept the proof
of delivery in accordance with A8. |
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, to
the extent that the circumstances relating to the transport
(for example modalities, destination) are made known to the
seller before the contract of sale is concluded. 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.
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