9. Responsibility of the agents for the goods delivered by rossexport

The Agents bear full liability for the safe and sound condition of the goods delivered by Rossexport on consignment to the full value of same in accordance with clause 3 of the present contract beginning on the date of arrival at the port of destination and ending on the date of payment or on the date of transhipment or return of the goods to Rossexport acceding to the instructions received from Rossexport.

The Agents shall insure the goods for the above mentioned period for the full value of the goods for their account and send the Insurance Policy to Rossexport within ... days upon receipt of same.

During the above mentioned consignment period beginning on the date of delivery and ending on the date of payment or on the date of return of the goods to Rossexport, the delivered goods shall be considered the property of Rossexport that cannot be mortgaged, pledged or otherwise encumbered.

As a security of fulfilment of their obligations under the present Contract the Agents shall submit to Rossexport a Letter of Guarantee of a first-class bank, the wording of which is to be agreed upon with Rossexport.

The Letter of Guarantee shall cover the full value of the goods to be supplied on consignment and shall be presented not later than within 20 days of the date of signing of the present contract.

In case further specifications of goods are agreed upon, the Agents shall submit to Rossexport additional Letters of Guarantee covering these goods not later than within 29 days of the date of signing of the said specifications.

AH expenses connected with the Bank guarantees shall be borne by the Agents.

In case the Bank guarantee is not submitted within the stipulated time, Rossexport will be entitled to delay shipment of the goods or to extend the delivery dates shown in the specifications accordingly.

10. Guarantee of rossexport

Rossexport guarantee the quality as well as the normal operation and capacity of the goods for the period of ... months from the date of putting the goods into operation, but not more than ... months from the date of delivery.

If the goods or any part thereof prove defective within the guarantee \period, Rossexport shall eliminate the defects for their own account, or eplace the defective part and/or defective goods.

The guarantee of Rossexport does not apply to rapidly wearing parts natural wear, or to damage which has occurred as a result of improper or careless storage, irregular or careless maintenance or overloading, incorrect installation and/or assembly and putting into operation, and/or npn-fulfilment by the Buyer of the technical instructions on installation arid/or assembly, on putting into operation and on operation of the goods.

The claims should contain a detailed and well grounded description of the case indicating the types of goods not conforming to the conditions of the contract as well as the actual demands of the claimants.

The claims should be forwarded by a registered letter enclosing the respective survey reports, drawn up in the presence of a neutral expert, and other documents justifying the claim.

Rossexport have the right to inspect the goods found defective as well as to verify the correctness of the claim.

In case the claim is satisfied, Rossexport shall have right to ask the Agents for the return of the defective goods after the shipment of the replacement goods has been effected.

All expenses connected with the return of the defective goods including freight, insurance, etc. to be borne by Rossexport.

The presentation of claims does not entitle the Agents to refuse acceptance of other consignments delivered under the present contract.