f the Goods delivered by the SELLER is to be marked with indication of a date and time of the Goods production.
7. ACCEPTANCE of the GOODS
7.1. The Goods are considered delivered by the SELLER and accepted by the BUYER in respect of quality - according to information about quality, indicated in a certificate of quality issued by the Manufacturer, in respect of quantity - according to information about quantity specified in shipping documents.
7.2. The SELLER is to provide the following documents together with the Goods:
- Commercial invoice - 3 origina ls (with seal and signature of the SELLER),
- Packing list - 3 originals (with seal and signature of the SELLER),
- Certificate of the Goods 'origin - 1 original,
- Certificate of the Goods 'quality - 1 original and 1 copy,
- Results of the State Sanitary-Epidemiologic Examination made in the SELLER's country - 1 original of translation made by a Chamber of Commerce of the SELLER's country.
8. SANCTIONS and CLAIMS
8.1. Claims can be made in respect of quality of the Goods delivered during a guarantee period but within 20 (Twenty) days from the moment of detection of discrepancy between the Goods ' quality and quality according to the established standards provided that the BUYER keeps to requirements of standards regarding conditions of the Goods ' storage.
8.2. Contents and a ground of the claim are to be confirmed by a Report signed by authorized representatives of both parties or by an authorized expert of a Chamber of Commerce of the BUYER's country. This Report is obligatory for both parties and is a ground for possible compensation of the BUYER'S damages or recalculation of prices for the low-quality Goods. Services of an expert of a Chamber of Commerce of the BUYER's country are paid by the BUYER with further compensation by the SELLER (if the SELLER'S guilt is proved). p> 8.3. Should the BUYER break demands of item 1.2. of this Contract regarding the Territory of the Goods sale, the BUYER is to pay penalty sanctions within 30 (thirty) calendar days from the moment of receipt of a corresponding claim from the SELLER. In this case, penalty sanctions are calculated in double rate of value of the Goods sold outside the Territory. At that, the SELLER is entitled to stop deliveries under this Contract untill the BUYER pays penalty sanctions. At the same time, the indicated circumstances do not release the BUYER from an obligation to effect timely payments for the Goods earlier delivered.
8.4. Should the Contract be not performed or performed improperly, the Parties bear responsibility for losses caused to the other Party in accordance with the legislation of the country of a respondent. p> 9. OBLIGATIONS of the PARTIES
9.1. The BUYER undertakes:
9.1.1. to sell the Goods on the Territory, indicated in item 1.2. of this Contract.
9.1.2. The BUYER undertakes to provide the forecast for monthly volume of the Goods deliveries before the 12 (the twelfth) day of each month with possible deviation as per forecast +/- 5 (five) per cent of the total quantity of the Goods and as per range of the Goods.
9.2. The SELLER undertakes:
9.2.1. to deliver the Goods in stipulated terms.
10. validity PERIOD and TERMINATION procedure OF THE CONTRACT
10.1. The Contract comes into force from a date of its signing and is valid during 1 calendar year from the moment of its signing.
10.2. The Contract can be terminated on initiative of a party at any time at his discretion with written notification of the other Party, if the latter Party:
A) violates any provision or condition of this Contract and such violation (if possible for elimination) remains non-eliminated within 30 (thirty) days after the Party, which does not break his obligations, informs the other Party about these breaches in writing.
B) becomes insolvent or liquidated voluntarily or compulsory; a liquidator is appointed in respect of all or a part of his transactions, comes to a compromise agreement with his creditors or concludes a similar agreement with his creditors or takes the similar actions.
11. FORCE-MAJEURE
11.1. Any circumstances beyond the Parties 'control, if taking place after conclusion of the Contract and precluding from its performance in normal conditions, are to be considered as releasing from responsibility. In the sense hereof circumstances beyond the Parties 'control are considered those which do not result from the fault of the Party referring to them.
11.2. A party is not liable for failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that it could not reasonably be expected to have t...
