Тема 2. 10 Обговорення контракту

Рекомендована література

1.Словник.

2.Граматика англійської мови.

3.Буданов С.Ш., Борисова А.О. Ділова англійська мова. – Харків: «ТОРСІНГ ПЛЮС», 2005. – 128 с.

Essential clauses of a contract

By law Contracts are made in writing. When striking a deal, contract forms are widely used. Standard contracts are not a must as some articles may be altered and supplemented, eliminated and replaced, but still normally they include the following parts: legal title of the contracting Parties, Subject of a Contract, Price and Total Amount of a Contract, Time of Delivery, Quality, Packing and Marking, Payment, Delivery and Acceptance of Goods, Insurance, Guarantee of Quality, Claims, Force-Majeure, Arbitration and Other Conditions. If it is a Contract between a foreign company and a Russian one, it is required in Russia to have the text of the Contract both in Russian and a foreign language.

Introduction part of a Contract contains the legal names of the contracting Parties, personal names and official positions of the representatives from the parties.

Section Subject of Contract names the product for sale or purchase. It also indicates the unit of measure for specific commodities. Contracts for bulk cargo contain a stipulation “about” or “plus or minus … per cent” denoting the permitted quantity tolerance.

Section Quality describes terms on Quality. The Quality of goods sold under the Contract shall be in full conformity either with the State Standard existing in the Russian Federation or with the technical conditions ruling at the manufacturing works and shall be confirmed be the Quality Certificate issued by the manufacturing plant or by the Sellers. The Quality of machines and equipment is to be in conformity with the technical specification of the Contract. The Quality of raw materials and foodstuffs is determined, as a rule, by standards, by sample or by description.

The Seller guarantees the quality of the delivered goods within agreed months from the date of delivery at the port of destination. Should any quantity of delivered goods prove to be defective during the guarantee period the Seller at his own expense shall replace the corresponding defective quantity of goods for the goods of proper quality. The guarantees shall not cover the goods damaged en route or due to non-observance of instructions on storage due to carelessness or improper handling while transshipment or usage.

Any claims in respect of quality of the goods shall be submitted to the Seller within the guarantee period but not later than 30 days after guarantee period expires. Any defects detected in the delivered goods during the guarantee period shall be covered by an Act of Claim to be issued within a reasonable period of time, but not later than 30 days after the defect is found, moreover the participation of the Seller’s representative or a person authorized by the Supplier for issuing an Act of Claim being binding.

The Act of Claim shall contain the description and quantity of the goods under claims, order number, description and origin of the defect, the date of the goods delivery at the port of unloading, the condition of packing and storage as well as the concrete claim of the Buyer.

The Sellers guarantee:

a) that quality of goods is in full conformity with the Contract conditions

b) that the delivered goods correspond to the highest technical level and highest standards existing in Seller’s country for the goods in question at the moment of execution of the Contract

c) high quality materials and the first-rate workmanship and high standard manufacture, assembly and technical test.

The guarantee period is 6 months from the date of putting the equipment into operation, but not more than 12 months from the date of delivery.

Should the goods prove to be defective during the period of guarantee, or not correspond to the conditions of the Contract, the Sellers for their own account are to undertake at the Buyers’ option to remedy the defects or to replace the defective goods with new ones without any delay on terms stated by the Buyers.

At the request of the Buyers the defective goods or part of the goods are to be returned to the Sellers at their expense after delivery of new ones.

If by mutual agreement between the Parties the elimination of the defects is effected by the Buyers, the Sellers are to compensate the Buyers for all the expenses incurred by the Buyers in connection with this elimination.

In case the elimination of the defects or replacement of faulty parts takes place the guarantee period is to be prolonged for the period used for such elimination or replacement.

If neither Party can eliminate defects, the Buyers have the right to demand from the Sellers the proportionate decrease in the price of goods delivered or to cancel the Contract and in this case the Sellers are to compensate the losses the Buyer may sustain.