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Документ 10

Moscow « » (Date)

Russian Foreign Trade Asso­ciation "Almazjuvelirexport", Mos­cow, hereinafter referred to as the Sellers, on the one part, and ……………. hereinafter referred to as Buyers, on the other part, have concluded the present Contract to the following effect:

I. Subject Matter of Contract

The Sellers have sold and the Buyers have bought c.i.f. airport as per Specifications Nos. attached to the present Contract. The above Specifications form an integral part of the present Contract. The total value of the goods under the present Contract makes US Dollars. Partial shipments are not allowed.

  1. Price of Goods

The price of the goods is fixed in US Dollars.

  1. Quality of Goods

The quality of the goods sold under the present Contract shall conform to the State Standards and Technical Conditions existing in Russia for these goods.

  1. Packing and Marking

will be

packed in wooden cases or millboard boxes and marked as follows:

    1. gross weight;

    2. name and address of the Receiver;

    3. Sender's name and address.

V. Delivery and Acceptance of Goods

  1. The goods will be considered as delivered by the Sellers and accepted by the Buyers: as regards the gross weight and the number of cases—in accor­dance with the weight and the num­ber of cases stated in an airway bill;

  2. as regards the net weight and the quality —in accordance with the Sellers' Specification. The date of an airway bill is to be considered as the date of delivery. The goods are to be shipped to the address

VI. Insurance

Goods shall be insured by the Sellers with the Ingosstrakh of Russia on conditions "against all risks" subject to para 2. clause 1 of the Transport Insurance Rules

from

to

Insurance Policy to be issued in the name of the Buyers for % of the c.i.f. value of the goods. Insurance from war and strike risks to be made at the Buyers' request and for their account.

VII. Terms of Payment

Payment for the goods will be made by the Buyers within 15 days from the date of the present Con­tract by way of remitting to the ac­count of V/0"Almazjuvelirexport" with the Russian Bank for Foreign Trade, Moscow, the full value of the goods to be shipped against the pre­sent Contract. Not later than 10 days after receipt of payment the Sellers shall effect shipment of the goods tothe Buyers. All expenses connected with payment as well as bank com­mission will be paid by the Buyers.

Should the Buyers fail to observe the terms of payment stipulated in the Contract, the Buyers shall have to pay to the Sellers a fine in the amount of 0.1 per cent of the value of the goods to be delivered under the present Contract for each day of delay within 30 days. After the expiry of 30 days no further fine will be charged, but the Buyers in addition to the sum of the fine charged will pay to the Sellers a penalty amounting to 10 per cent of the goods' value to be delivered under the Contract. In this case the Sellers will be relieved of their obligations to deliver the goods under the present Contract and the Buyers shall have no right to submit to the Sellers any claim whatsoever with regard to non-fulfillment of the Contract.

VIII. Force Majeure

Should any circumstances pre­venting the complete or partial fulfillment by either party of the obligations under this Contract, arise, namely: fire, acts of elements, wars, military operations of any character, blockades, prohibition of import or export, or any other contingencies beyond the parties' control the time stipulated for the fulfillment of the obligations shall be extended for a period equal to that during which such circum-stances will remain in force.

If the above circumstances continue to be in force for more than 3 months, each party shall have the right to refuse any further fulfill­ment of the obligations under this Contract and in such case neither of the parties shall have the right to make a demand upon the other party for compensation for any possible losses.

Each party shall advise the other party as regards the beginning and the cessation of these circumstances.

Certificates issued by a respec­tive Chamber of Commerce and Industry of the Sellers' or the Buy­ers' country shall be a sufficient proof of such circumstances and their duration.

IX. Arbitration

All disputes or differences which may arise out of the present Contract and/or in connection here­with are to be referred for settle­ment without recourse to the courts of law, to the Foreign Trade Arbit­ration Commission at the Russian Chamber of Commerce and Indust­ry in Moscow in accordance with the Rules of Procedure of the said Commission, the awards of which are final and binding upon both parties. X. Other Conditions

All expenses, taxes, customs and other dues connected with the conclusion of the present Contract levied on the territory of the Sellers' country are borne by the Sellers, and those levied on the territory of the Buyers' country and transit territory are borne by the Buyers.

The Buyers are to secure for their account all importlicencesand permissions required for the importation of the goods sold from Russia to the country of destination. The legal title to the goods as well as risks of any eventual loss or damage to the goods will pass from the Sellers to the Buyers from the moment of delivery of the goods to a transport agency in the Sellers' country.

Neither party of this Contract shall have the right to assign to any third party their rights and obligations under this Contract without the written consent of the other party. After the signing of the present Contract all previous negotiations and correspondence to same become null and void. Any amendments and/or supplements to this Contract are valid only if made in writing and signed by authorized representative of both parties.

Moscow, Russia is regarded as the place of the conclusion of this Contract.