§ 6. Checking the quality and quantity, claims.

6.1 In the Buyers shall have the right to carry out at their expense the checking of quality and quantity of the shipped Prod­ucts under the acceptance rules in accordance with the relevant standards, indicated in the Specification.

6.2 The Buyers shall have the right, for their account, to in­volve independent inspection companies in inspecting of the Products quantity and quality in the point of transfer. In this case inspection of the Products quantity and quality shall be only performed in the presence of the Sellers' rep­resentative or authorized person and the result of checking the weight of the Products shall be reported in the Com­mercial Act and checking the quality shall be reported in the Products acceptance report.

6.3 In the event of discovering the shortage in weight and/or the non-conformity to the quality, indicated in Specification, the Buyers shall have the right to make a claim on the Sellers, with the indication of its purpose, not later than 30 calendar days from the date of the wagon arrival at the port or the station of destination as per railway bill' s stamp.

6.4 Claims are to be sent by registered mail. The date of a postmark, indicated on the Buyers' envelope shall be re­garded as the date of making the claims.

6.5 Claims are to be attached with the claim report in 2 copies and the following documents:

• originals of the Waybills (in the case a claim concern­ing the quantity is presented).

• original of the Statement of Damage;

• Certifiacate of the Chamber of Commerce and Indus­try or Independent Survey Company Report.

6.6 The claim report should contain the following information:

• Contract number;

• description of the Products as per present Contract;

• weight of the Products in respect of which the short­age as been found;

• quality of the Products in respect of which the non­conformity has been discovered;

• number of a Railway Waybill;

• marking of the Products;

• description and delivery terms.

6.7 Within 30 calendar days the Sellers are to give an answer to the claim.

6.8 If the Buyers fail to lodge a claim within the above period then they shall not have the right to apply to the international Commercial Arbitration court at the Chamber of Commerce and Industry of the Ukraine.

6.9 If when checking the weight in the point of delivery of the Products, according to the present contract, by independent inspection company in the presence of Sellers representative or their authorized person the difference in weight at the rate of maximum 1 % as compared with the weight indicated in the shipping documents is found the payment shall be effected as per weight stated in hipping documents. If the difference in weight is more than 1%. the Buyers shall pay to the Sellers the cost of steel prod­ucts as per shipping documents and make a claim on the Sellers in accordance with the provisions of the present Contract.

§ 7. Responsibilities of the Parties.

7.1 In ihe event the Sellers fail to ship the agreed and paid lot within the time-limits, indicated in Specification, then the Sellers shall pay to the Buyers a penally at the rate of 0,3 % for every day of delay, but not more than 8 % of the agreed and unshipped Products.

7.2 In the event the Buyers fail to make prepayment within the dates according to the provisions of the present Contract in this case the Sellers shall not bear responsibility for the delivery dales under Specification In the event of delay in payment for more than 30 calendar days the Sellers shall have ihe right to cancel the Contract by sending a notification to the Buyers 10 days before the cancellation.