THE SELLERS OBLIGATIONS
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THE BUYER'S OBLIGATIONS
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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.
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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.
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A3 Contracts of carriage and insurance
a) Contract of carriage No obligation.
b) Contract of insurance No obligation.
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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.
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B4 Taking delivery
The buyer must take delivery of the goods
when they have been delivered ih accordance with A4.
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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.
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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 tails 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.
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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 (30, the costs of customs formalities
necessary for export as well as all duties, taxes and
other charges payable upon export.
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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 (31, 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.
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A7 Notice to the buyer
The seller must give the buyer sufficient
notice that the goods have been delivered in accordance
with A4.
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B7 Notice to the seller
The buyer must give the seller sufficient
notice of the vessel name, loading point and required
delivery time.
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A8 Proof of delivery, transport document
or equivalent electronic message
The seller must provide the buyer at the
sellers 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.
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B8 Proof of delivery, transport document
or equivalent electronic message
The buyer must accept the proof of delivery
in accordance with A8.
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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 ih 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.
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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.
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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.
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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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