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Block 2. 8. Terms of transportation.






8. TERMS OF TRANSPORTATION.

8.1. Sellers are to inform Buyers not later than 5 days before the starting of loading of the name and capacity of the tanker, the date and port of shipment of the goods.

 

Furthermore, the Master is to advise Buyers or their Agents of the forthcoming arrival of the tanker at the port of discharge 4 days before her arrival.

Sellers have the right to substitute one tanker for another informing Buyers thereof.

8.2. On arrival of the tanker at the port of discharge, the Master is to give Buyers’ representative at this port a written notice of readiness of the tanker for discharge.

8.3. Lay time to commence 6 hours after such notice of readiness is handed in by the Master, berth or no berth. Sundays, holidays, time of stormy weather preventing discharging as well as the time during which discharging operations could not be carried out owing to technical and other conditions depending on the tanker are not to be included in the lay time.

8.4. Demurrage is to be paid at the rate stipulated in the Charter Party per day and pro rata for any part of the running day but not more than:

… … … … … … … … … … … … … … … … … … … … … … … … …

9. CLAIMS. In case of non-conformity of the quality of the goods actually delivered by Sellers with the contract specification, any claim for the quality of the goods may be made within 2 months of the date of delivery.

 

No claim shall be considered by Sellers upon expiration of the above period. No claim presented for one lot of the goods shall be regarded by Buyers as a reason for rejecting any other lot or lots of the goods to be delivered under the present contract.

10. CONTINGENCIES. Should any circumstances which prevent the complete or partial fulfilment by any of the parties of their respective obligations under this contract, viz.: fire, ice conditions or any other acts of the elements, war, military operations of any character, blockade, prohibition of export or import or any other circumstances beyond the control of the parties arise, the time stipulated for the fulfilment of the obligations shall be extended for a period equal to that during which such circumstances last.

 

If the above circumstances last over and above 20 days, any delivery or deliveries which are to be made under the contract within that period may be cancelled on the declaration of any of the parties, and if the duration of the above circumstances exceeds 40 days, each party shall have the right to discontinue any further fulfilment of their obligations under the contract in whole and in such cases neither of the parties shall have the right to make a claim upon the other party for compensation of any possible losses.

 

The party for whom it became impossible to meet its obligations under the contract shall immediately advise the other party as regards the beginning and the termination of the circumstances preventing the fulfilment of its obligations.

11. ARBITRATION. Any dispute which may arise out of or in connection with the present contract shall be settled without recourse to courts of law, by the Arbitration Court at the Chamber of Commerce of Russia in Moscow in accordance with the Rules for Procedure of the said Court.

The awards of this Arbitration shall be considered final and binding upon both parties.

12. OTHER CONDITIONS.

12.1. Neither party is entitled to transfer its rights and obligations under the present contract to a third party without the other party’s previous written consent.

12.2. After the signing of the present contract all previous negotiations and correspondence between the parties in connection with it shall be considered null and void.

12.3. All amendments and additions to the present contract are valid if only made in writing and signed by both parties.

12.4. All taxes, customs and other dues connected with the conclusion and fulfilment of the present contract, levied within Russia, except those connected with the Letter of Credit, are to be paid by Sellers, and those levied outside Russia are to be paid by Buyers.

12.5. Russia is regarded as the place of conclusion and fulfilment of the contract.

13. JURIDICAL ADDRESSES.

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SELLERS BUYERS

(Signature) (Signature)






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