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Exercise 88. Translate into Ukrainian.

Default of one’s obligations; duly signed; liquidated damages; marine risk; natural disaster; non-conformity; non-fulfillment; null and void; parity commission; prohibition of export / import; to amount to; to be liable; to effect delivery; to effect payment; to the effect that; under the present contract.

Exercise 89. Insert the necessary prepositions or adverbs and translate into Ukrainian.

Contract №

"XXX", … the person … Mr. XXX , acting … the ground … the Power .. Attorney … 25.03.2002, hereinafter referred … as the"Supplier", and“YYY” (Kharkov, Ukraine), … the person … Mr YYY , the Director, hereinafter referred … as the“Buyer”, hereinafter collectively referred … as the“Parties”, have concluded the presentContractas follows:

  1. Subject … the Contract and Obligations … the Parties.

The Supplier shall deliver Goods … thisContract. The sort and the list … Goods delivered are to be specified … Appendices … thisContract.

The delivery shall be effected … the address … the Buyer. TheBuyershall accept the goods and undertake obligations … settlements … theSupplier.

  1. Quantity and Quality … Goods.

The goods delivered … this Contracthave to be … full conformity with the standards accepted … each kind … goods … the country … goods producer, and it should not be … variance … every product quality standards, accepted … Ukraine.

Total quantity … delivered goods is to be agreed … … the Parties, and it is stated … Appendices being integral part … thisContract.

Total quantity … delivered goods is to be agreed … … the Parties, it is determined … giving or non-giving the next order … theBuyer. Total quantity … delivered goods is not limited and is added … … the quantities indicated … Invoice and/or Appendix … each delivery.

  1. Terms ... Delivery.

The Buyershall make … writing an order … the next delivery … indication … a desired loading date and delivery address. TheSuppliershall send … fax pro-forma invoice where the loading date is confirmed.

The delivery … the goods shall be effected … the address … the Buyerwhich is indicated … an order, proforma-invoice and load-accompanying documents.

The delivery … the present Contractis to be effected … full conformity … the orders and Appendices … each delivery, … which necessary assortment, date and terms … the delivery are stated (according … INCOTERMS-2000).

… order to simplify procedure … final agreement conclusion between the Parties… freight deliveries … theSupplier, Invoices … each separate delivery … freights drawn … theSupplier… post or brought along … the freight … the address … theBuyerare to be authenticated … stamps … theBuyeritself, and will have equal force … the Appendices and Specifications … the presentContract. Invoices or Appendices … each delivery are an integral part … theContract.

The shipment … goods … the Buyeris to be made not later than 10 (ten) working days … the loading date stipulated … theParties. The date … the freights going … the interior customs and getting the interior customs documents … the country, from which the shipment is fulfilled, is considered to be the date … loading. TheSupplierpays 0,3% fine … the order amount per every day … delay … case … late delivery.

The Suppliershall inform theBuyeror its corresponding branch … the shipment … sending CMR, Invoice and quality and origin certificate copies … fax … 48 hours … passing … the customs … the country … which the delivery is made.

If it is necessary the Suppliershall provide theBuyer… certificates … veterinary services, certificates … origin issued … Ukraine and other necessary documents. The originals … the documents go … the consignment.

  1. Prices and Total Sum … Contract.

Prices … delivered goods are to be coordinated … the Parties. They are pointed … … Invoice and/or Appendix per each delivery.

The total sum … the Contract is added … from the sums … deliveries, indicated … Invoices and/or Appendices per each separate delivery.

The total sum … the Contractis not limited. It is defined … giving or non-giving the next order … theBuyer.

  1. Terms ... Payment.

The payments have to be effected … the Buyer … the accounts indicated ... the Supplier ... Appendix and/or Invoice ... each delivery ... goods, or … the accounts indicated ... the Supplier additionally.

The Buyersends ... fax the pay-document copies or another information ... the payment ... 48 hours ... the payment.

Amount, terms and currency ... payment also have to be pointed ... ... Appendix and/or Invoice ... goods delivery.

  1. Package and Marking.

The goods have to be shipped ... export package corresponding … the type ... product and … the Supplier'scountry standard.

  1. Claims.

If the Buyerfinds a quality discrepancy ... the received production according … points 2 and 3 ... the presentContractand (or) quantity discrepancy … the quantity indicated ... the shipping specification, as well as ... case ... the product damage … the producer's fault confirmed ... an independent expert theSupplierwill bind to promote to compensating … theBuyerall losses caused ... the producer's fault. ... these cases an appropriate certificate has to be made ... independent experts ... Ukrainian Chamber ... Commerce and Industry. The period ... drawing ... ... claims is to be effected ... 30 days ... the customs clearance and detection ... the products damage. The claims are to be sent ... fax and then are to be remitted ... mail ... 30 days. The deadline ... claims satisfaction is not more than 30 days ... their drawing ... .

  1. Arbitration.

All the disputes and the differences arising ... connection ... the present Contract are to be settled as soon as possible ... means ... negotiations … the Parties.

If the partners can not come to the consent, the discord ... question has to be settled ... the Arbitration Court. The resolution ... the Arbitration Court is final and obligatory ... all the Parties, though it may be replaced ... mutual assent ... the Parties.

The Arbitration is to be carried ... ... accordance ... the rules ... “UNCITRAL” Arbitration ... force … the moment ... this Contract signing, excepting the cases when the above-said rules are ... contradiction ... the Arbitration provisions ... the present Contract.

Arbitration, including pronouncing ... a decision, is to take place ... the International Commercial Arbitration Court attached … the Chamber ... Industry and Commerce ... Ukraine ... Kiev according … the regiment.

  1. Force Majeure.

Neither ... the Parties will be liable ... complete or partial non-execution ... its commitments if this non-execution is due … such circumstances as floods, fire, earthquake and other natural disasters, as well as war and military actions or unforeseen changes ... Ukrainian legislation, which will arise ... signing the Contract. If any ... the above-mentioned circumstances directly affected execution ... the commitments ... the term specified ... the Contract, this term will be extended ... a period equal … the time during which such circumstances exist.

The Party which cannot fulfill its commitments must immediately but not later than 10 days ... their beginning and cessation inform the other Parties ... writing ... the beginning, approximate duration and cessation ... the above circumstances.

The failure to notify or delayed notification forfeits the Parties to refer … any ... the above-mentioned circumstances as a reason ... relieving from responsibility ... non-execution ... the commitments.

Should the above-mentioned circumstances and their consequences continue to be ... force ... more than 2 months each Partywill have the right to refuse from any further fulfillment ... the commitments ... theContract.

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