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Contract Sell

Contract Sell

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Published by clauswe
translation into english of juridic documents
translation into english of juridic documents

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Categories:Types, School Work
Published by: clauswe on Jun 29, 2008
Copyright:Attribution Non-commercial

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04/10/2013

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Contract sell & purchase /contract of sale of goodsContract nr. 1234/19…Signed/ concluded today, 4 January 19… between undersigned:
GENERALEXIM SRL, with headquarters in Light Boulevard nr. 3, Bucharest,sector 1, Romania (registered in the Register of the Commerce under nr.A/1200/1992) represented by Mr. I. Ionescu, hereinafter referred to us as“Seller”, on one hand and
UNIVERSAL TRADE INC, with headquarter at New York 15 Ave, 100 Suite,Bayside, NY 11100, USA (registered in Register of Commerce under nr.5000/1980) represented by Mrs. John A Johnson hereafter referred to us as“Buyer”, on the other hand whereby it is agreed :Specified terms and conditions clauses here in, Seller sold is agreed to deliver to the buyer and is agreed to accept/to take the following merchandise:
Art.1 The Object of the Contract
Aluminium – 99,5 Al., as lingots, on sizes 400x100x100mm and 500x100x100 mm.
Art.2 Quality
100 tonnes lingots on the whole, of which 500t of 400x100x100mm and 500t of 500x100x100mm, referred to as “merchandise” (or goods).2.a The seller shall not be allowed to deliver the merchandise with an allowancehigher than ± 5% as reported to the above mentioned quantities for each dimension/size.2.b No partial deliveries are allowed
(admitted)
/
 Partial deliveries are not allowed.
Art.3 Quality
Aluminium A5 – according to the DIN norms (Germany).Quality – According to the annexed Certificate of Quality, issued by SLATINA SA themanufacturing unit, which shall accompany the merchandise to the destination. TheCertificate of Quality shall be issued in 3 forms/copies, as follows:
one form/copy shall be annexed to/
be enclosed to
with the payment document
one copy shall be annexed to the documents accompanying the transport
one copy shall be express air mailed to the Buyer when the merchandise byregistered mail in the moment in which the goods are dispatched or are handedover to the transport agent.
Art. 4 The price
The unitary price of 1000$/tonne (for each size), that is/
namely
a total value of 1million dollars, FOB Constanta, together with the packing
Art.5 The packing
The Seller must take all precautions and to make sure that the merchandise is properly packed. The packing consists of controlled resistance wooden pallets and must ensurethe integrity and protection of merchandise during all/
throughout 
transportation, to thefinal user.
Art. 6 The delivery
The delivery condition is FOB Constanta, according to INCOTEMS 1990.
 
The Seller undertakes to deliver the merchandise in the quantity and of the qualitystipulated herein in the present contract (according to the sample shown to the purchaser). The delivery date is deemed to be the 15
th
of April 19…The Seller shall notify the Purchaser by telex or fax until the 15
th
of March 19… at thelatest, that the merchandise is ready for loading. Within 48 hours from the deliverydate the Seller shall notify through fax or telex to the Buyer the following detailsregarding the shipping’s details/the goods’ dispatch details: contract number,destination, ship’s name, delivery/loading date, the merchandise’s description, thenumber of parcels for each size, the netto/gross weight, the merchandise’s value andthe number of instructions given by Navlomar (the forwarding agent of the Seller).The delivery of the merchandise is effected according to the Navlomar Bucharestinstructions received from its correspondent from the unloading port.The Seller does not deliver the merchandise on board of the ship, for the advised positions, all the expenditures/
expenses
resulting from this shall be bared by theSeller./the seller shall stay for it.The Purchaser shall notify by telex or fax the arrival date into the loading portConstanta, 7 days in advance and shall make the final notification with an advance of 24 hours before the arrival of the ship.In case of failure of notification or of a delay in the ship’s arrival later than theestablished date, the Seller shall be entitled to extend the delivery term accordinglyand all the supplementary/overtime expenses shall be born by the Buyer/on theBuyer’s account.
Art.7 Payment conditions
The payment of the merchandise shall be effected by un irrevocable document within15 days from the date when the Seller has been notified by fax or telex that themerchandise was ready for shipment.The document is valid for 30 days from the opening date for the delivery and 45 daysfor the creation of the documents.The same terms shall apply to any adjustments of the document or any increase of it’svalue.The document shall be paid cash after providing the following documents:1.the commercial invoice, in 5 copies for UNIVERSAL TRADE INC. – NewYork;2.details for delivered goods3.the packing list in 5 copies;4.a full set of original bills of lading, 3/3, “shipped”, “on board”/under the deck,issued on promissory note… and endorsed at the order of the Romanian Bank of Foreign Trade, loaded in Constanta with transport payment in advance (billsof lading with anaffreightmentcontract – allowed; reloading – allowed; partial deliveries – not allowed);5.the Certificate of quality issued by the manufacturer, copy;6.the photocopy or the copy of the export license or the note of the Seller on themercantile invoice that no such license was necessary;7.the Seller’s confirmation through which it is certify that on the loading dateone copy of the invoice and of the quality certificate have been air mailed tothe Buyer;8.a photocopy of the communication fax or telex sent within 48 hours time fromthe delivery, according to the art. 6 mentioned above.
 
The banc expenditures for the initiation and the usage of the document shall be paid by the Buyer.The banc expenditures for the modification of the document shall be paid by theSeller.The Buyer shall stay for the expenses for a modification of the document only if thedelayer is due to an incorrect description or in the case of an increase in the value of the document.All the other conditions shall be conserving the International Chamber of CommerceBrochure 500/1993, ref. to the document.
Art.8 Reception of the merchandise
The quantitative and the qualitative reception of the merchandise must be made withinmaximum 5 days time from the arrival of the merchandise at the Buyer, according tothe contract.1.the quantitative reception shall be completed through weighing and statedthrough a delivery/reception minute, certifying the weight, and also theshortage, by the representatives Buyer and repose well as the Seller;1.the qualitative reception shall be made through a control certificate issued by aneutral organisation.The quality control shall be effectuated according to the conditions stipulated in thecontract.The merchandise or the pieces of the merchandise found unsuitable at the qualitativereception shall be returned to the Seller within 7 days from the reception date, on hischarge, or the particular merchandise shall be used but only with an expressagreement of the Seller.The above mentioned term may be prolonged on both sides agreement.
Art.9 Claims
The Buyer can file claims to the Seller as follows:1.Quantitative: within 15 days as from the date the merchandise has arrived atthe final destination, on the bases of the minute mentioned on art.6a.2.Qualitative: within 30 days as from the date of the arrival of the merchandiseto the final destination/ under the control certificate issued by a neutralorganisation, according to art. 6a.3.For the quality deficiencies/flaws due to unknown caused by hidden causesoccurred during the period of normal usage of the merchandise, claims shall be presented within 15 days as from the date of their appearance and shall beaccompanied by one of the following documents issued by an authorizedorganisation: the inspection certified, the control certificate, the analyses bulletin and the sample, as the case may be.Within 15 days as from the date of receiving the claim, the Seller must notify his pointof view, letting him know his opinion about the claims to the Buyer.Within the same period, the Seller shall communicate his wish to see the claimedgoods, and if this is the case, the inspection shall be made during the time when thegoods are kept at his disposal.The settlement period is of 30 days as from the date it has been started, and it shallconsist either in granting a discount of the value of the claimed goods, or in replacing

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