Учебник для магистрантов

61

The Seller should provide safe keeping of the contents of containers with imposing not less than two seals which description should be shown in the Bill of Lading. The Seller should place in each container the shipping specification in 4 copies, with the indication of the following information:

name of the Seller

name of the Buyer

index and number of the container

denomination of the goods

marks of the goods

weight of the goods in the container (net and gross separately), and also volume of the goods in the container.

The shipping specification should be signed by the Seller and have his stamp. One copy of the shipping specification together with the certificate of quality should be placed in each container. Not later than in 24 hours from the date of shipment, the Seller is obliged to notify the Buyer by telegraph or a telex of the following data:

name of a vessel

date of sailing of a vessel from the port

number of Bill of Lading

denomination of the goods

quantity of containers under each Bill of Lading and their numbers

Contract №

net and gross weight

9. DELIVERY AND ACCEPTANCE OF THE GOODS.

Receipt of the goods is carried out as follows:

The goods will be considered as delivered by the Seller and accepted by the Buyer:

as for quantity - according to the Certificate of quantity;

62

as for quality - according to paragraph 2.

The quantity and quality of the goods can be controlled by the experts of Chamber of Commerce and Industry of the Russian Federation in accordance with the quality of samples under each lot of the goods. Samples (4 liters) of the goods ready for shipment, should be sent by express mail by the Seller to the Buyer. If during procedure of acceptance of the goods shortage of the goods or damage of packing will be found out, the Buyer will have the right to demand from the Seller the reimbursement to the sum of damage on the basis of the prices of the present Contract and to apply to the Insurance Company for receiving the compensation due to insured accident maturing on.

In case of discrepancy of the quality of the goods to the agreed on, the Consignee should inform the Seller within _________ hours from the date of statement of this fact by the expert appointed by the Buyer. The Seller will have the right to be convinced of reasonability of the claim directly or through the representatives. In case the representatives of the both parties confirm that quality of the goods does not correspond to the agreed on, the Seller should, at the choice of the Buyer replace the goods or return its value to the Buyer, as well as compensate already suffered losses. In case of occurrence of disagreements between the parties, the matter will be submitted to Arbitration in accordance with paragraph 12 of the present Contract.

10. FORCE MAJEURE.

In case arise the circumstances of force majeure, such as fire, acts of terrorism, war, military operations, blockade, interdictions on export and import and others which will prevent any of the parties to perform fully or partially their obligations under the present Contract, the time of fulfilment of these obligations will be postponed for that period of time during which these circumstances operate. Meaning that natural grape materials are received from agricultural raw material, as force majeure circumstances will be considered climatic anomalies (frosts, hailstorms, drought etc.) which could damage a crop of grapes in zones of its manufacture. These circumstances should be properly proved by the announcement of extreme agricultural situation in the given zone.

If the above-stated circumstances are in force more than 6 months, each of the parties has the right to refuse to perform their obligations under the present Contract, and in this case neither party can present any claims to another party. Each party is obliged to inform the other party on occurrence or the termination of the force majeure circumstances preventing fulfilment of obligations under the present contract

11. CLAIMS.

63

In case delay in delivery of the goods will exceed ______ days, the Seller will be obliged to pay to the Buyer the penalty which should be calculated as follows:

in case of delay in delivery from ______ to ______ days - _______ % from the total value of the goods per every day of delay;

in case of delay of the goods from ______ to _______days - ______ % from a total value of the goods per every day of delay.

If delay of the goods exceeds three months, the Buyer unilaterally has the right to terminate the present Contract by the notice in writing.

If the Buyer delays payment of actually delivered quantity of the goods, the Buyer is obliged to pay to the Seller the penalty at the rate of ______ % from a total value of the goods per each day of delay.

12. ARBITRATION.

The Seller and the Buyer will take all measures for settlement in a friendly way of disputes and disagreements which can arise in connection with the present Contract.

In case the parties cannot come to any friendly decision, the dispute should be transferred to the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, _____________.

The applicable law should be the Legislation of the Russian Federation, the award being final and obligatory for both parties.

13. OTHER CONDITIONS.

If for export of goods under the legislation of _____________ obtaining any license or authorization of competent state bodies is or will be required, the Seller is obliged to receive such licenses and authorizations at his own expense.

All amendments and addenda to the present contract will be valid only in the event that they are made in writing and signed by properly authorized officials.

After signing the present Contract all previous agreements both verbal and written will be considered null and void.

Neither party can transfer the rights and obligations under this contract to a third party without the written approval of the other party.

The present Contract is signed in 4 copies (2 in Russian and 2 in English) having identical force.

64

The present Contract is valid till _____________ .

14. LEGAL ADDRESSES of the PARTIES.

The Seller: ___________________

The Buyer: ___________________

The SELLER

The BUYER

APPENDIX No. 1

to Contract No.

The name of a product: natural grape wine material untreated in bulk (code of the commodity nomenclature of foreign trade activities № 220430). Quality of the goods should fully comply with the below-mentioned description of the goods and characteristics, namely: the description. The initial raw material - the grape must, produced by pressing fresh grapes and its separating from the solid parts, represents a muddy liquid, containing a mixture of the various substances inherent in grapes. Due to presence of barmy cells (cages), the grape must start the fermentation immediately. The process of fermentation (unrest) of a must stops as a result of its processing by sulphurous anhydride.

Natural grape wine materials are produced from local varieties of red and white grapes, all grades of grapes belong to the botanical kind _____________, cultivated in _____________. Natural grape wine materials untreated in bulk, delivered under the present contract, are intended for use in the winemaking industry and after delivery on a winery of the Buyer should be subjected to the following technological operations: clarification, removal of sediment with a filtration and thermal processing before bottling.

Physical and chemical characteristics. _____________wine material

_____________wine material

The content of alcohol at _____________

The content of Sugars not more than _____________

Total acidity in tartaric expression _____________

Acidity volatile _____________

65

Alkalinity _____________

Chromaticity: _____________

Content of dioxide sulfur

Content of an extract

Organoleptic parameters:

Appearance

Colour

Cleanliness

Taste

Aroma

The SELLER:

“_____________”

_____________

The BUYER:

_____________" _____________" _____________

INN _____________

В/a _____________

General Director /_____________/

APPENDIX No. 2

to Contract No.

TRANSPORTATION and STORAGE

TRANSPORTATION of natural grape wine material in bulk should be observed according to standard norms of safety for the transportation in flexi-tanks stacked in

_____________foot sea containers: avoiding their damage, overturning and opening.

66

STORAGE

Wine material in bulk should be stored in clean, aired and cool place. Ideal temperature of storage is between _____________and _____________C. The guaranteed period of time for storage of wine material in bulk at the above-stated temperature is _____________months. The storage temperature should not fall below _____________ C°. and rise above _____________C°.

THE SELLER

THE BUYER

Exercise 5.

Consider these expressions typical for court disputes on remedies and make up sentences with them.

1.reasonable attorneys’ fees - плата адвокатам в разумных пределах

2.costs of alternative dispute resolution - расходы на альтернативные методы разрешения споров

3.unless it is adjudicated - пока судом не будет вынесено решение

4.willful misconduct of an indemnified party - намеренное неправильное поведение пострадавшей стороны

5.indemnification obligation shall be reduced - обязательства по возмещению ущерба будут уменьшены

Exercise 6.

Translate these contract names and choose one to compose it in English.

67

UNIT 5

Lead in

Before reading the text please answer the following questions:

1.What English and American newspapers do you know?

2.What difficulties do we usually face when reading newspapers in English?

3.Is it important for a lawyer to read news and political articles?

Reading the press

Reading newspapers is important for more than the obvious reason of keeping up on local, national and international current events. Aside from keeping current, reading the newspaper can prepare you for the legal business world. Reading a business centred paper, like the Wall Street Journal, or latest legal industry news on thelawyer.com as one of the leading websites for the entire legal professionals can be quite beneficial. The knowledge you would gain from these readings could help you make sound and profitable investments in the Stock Market and could help you decide between which companies to apply to or accept a legal job offer for.

Keeping current will also help make you sound educated in a professional setting. This could be especially useful in a job interview if you are interviewing with a company that's been in the news for any reason.

So what makes a non-English speaking reader lose courage and get confused in the process of the newspaper skimming?

Non-native speakers of English often have great difficulty in understanding newspaper headlines and vocabulary. The words tabloids use are shorter and snappier, they catch the eye, use up less space, these words are more emotive and help sell newspapers and make the circulation bigger.

Headlines are often written in a special, abbreviated style and sometimes it is difficult to decipher them. Short words save space, thus they are very common in newspaper headlines.

When translating headlines from English into Russian please be aware that: 1. Articles in the headlines are often omitted, for example:

MURDER CONVICTIONS FACE SUPREME COURT SCRUTINY

ПРОВЕРКА ВЕРХОВНЫМ СУДОМ ОБВИНИТЕЛЬНЫХ ПРИГОВОРОВ ЗА УБИЙСТВО (not the Supreme Court)

Note:

The article in a headline is not omitted if its absence can lead to a misunderstanding or when it is a part of a fixed collocation, for example:

NAKED TRUTH ABOUT THE ARM OF THE LAW

ВСЯ ПРАВДА О ДЛИННОЙ РУКЕ ЗАКОНА (the arm of the law is a fixed collocation)

69

expression in the Russian language. In the absence of an identical image, you must search for an approximate match.

Please remember the term “news”- новость, новости is always singular:

What IS the news?

The same refers to the terms “information”- информация, сообщение, cведения and evidence – доказательства, улика:

"Can you give me some information?" "Where did you get that evidence?"

And the terms “police” – полиция, “media” – масс-медиа, СМИ (pl of the noun “medium”), “wages” – заработная плата are always plural:

“The British media stress_ ...”

“Police are supposed to enforce laws.”

“Many teenagers dream of the legal profession because a lawyer’s wages are rather high.”

Perhaps, in the practice of translation there is no such a "deceptive" kind of vocabulary as pseudo-international terms. Theorists of translation named them

“false interpreters’ friends” – ложные друзья переводчика. They include words that match the form in Russian and English, but are not identical in their meanings, e.g.:

1. Prospect вид, панорама, перспектива виды, планы на будущее

предполагаемый покупатель, клиент, подписчик

70

натура (характер человека) human nature

In general, reading an English-language paper will help you to practice more, to learn about the issues that are important to speakers of this language, to learn new legal and political vocabulary as well as engage deeper in the foreign culture.

EXERCISES

Exercise 1.

Translate the following newspaper headlines from English into Russian:

MAJOR FLOODING HITS THE ATLANTIC COAST US HITS EC WITH TRADE SANCTIONS CONGRESS BANS NEW CHEMICAL

POWER CRISIS: GOVERNMENT TO ACT AFRICAN PRESIDENT ACTS TO GAG PRESS POLICE GUN DOWN TERRORISTS

PM HAILS PEACE PLAN

LEAD IN RESORT MURDER CASE

PM FURIOUS OVER TAX PLAN LEAKS LIFE FOR SERIAL MURDERER