Арбитраж
Любые споры или разногласия которые могут возникнуть из настоящего контракта или в связи с ним должны быть урегулированы без обращения в суд иностранной торговой арбитражной комиссией России. Торговая палата в Москве в соответствии с правилами о производстве дел указанной комиссии.
Решение этого арбитража должно считаться окончательным и обязательны для обеих сторон.
Другие условия
Ни та ни другя сторона не имеет право передавать их права и обязательства по данному контракту третьей стороне без письменного разрешения другой стороны.
После подписания контракта все предыдущие переговоры между сторонами в связи с ним должны считаться недействительными.
Все изменения и дополнения к данному контракту должны быть действительны только если сделаны в письменном виде и подписаны обеими сторонами.
Все налоги, таможенные пошлины и другие сборы связанные с заключением и выполнением данного контракта взимаются на территории России, кроме тех которые связаны А должны быть оплачены продавцами и облажены за пределами России
Россия должна рассматриваться как место заключения и исполнения контракта.
Юридические адресса
Продавцы………………………………..
Покупатели ……………………………
Ex.3
Пункты 1, 2, 3, 4, 5
The contract was concluded between V/O " Rossexport" on the one part and Messrs. A.B. Smith & Co. on the other part.
Payment is to be made of an irrevocable Letter of Credit to be opened in favour of the Sellers with Moscow Narodny Bank Limited, London.
The Letter of Credit is to be established in the full value of each lot to be shipped under the contract.
4. The L/C is to be opened within 15 days … the agreed time of shipment of the goods.
5. If the L/C is not opened in time, the Buyers are to pay the Sellers a fine for each day of delay at the rate of 0.1 per cent of the amount of the L/C.
6. The goods are to be paid … ... shipping documents … … a L/C to be opened by the Buyers.
Пункт 6
The cargo is to be accepted by the Buyers in respect to quantity as per certificate issued by the laboratory at the port of loading.
The weight shown in the Bill of Lading is binding upon both parties.
The arbitration samples are to be taken from the shore tanks previous to loading the oil in the carrying tanker.
4. To settle the dispute on the quality of the goods, a final analysis was made by a neutral laboratory agreed upon by the parties.
5. Two arbitration samples were handed over by the Captain to the representative of the Buyers at the port of discharge.
Пункт 7
The oil was insured by Ingosstrakh of Russia against usual marine risks.
The Insurance Policy was made out in the name of Messrs. A. B. Smith & Co. Ltd
In accordance with the terms of the contract the goods were of invoice value plus 10 per cent.
Пункт 8
We will cable to you the name and capacity of the tanker - 5 days before her arrival in Batumi.
The Sellers substituted - the tanker "Baku" for the tanker " Ashkhabad".
On arrival of the tanker at Batumi the Captain gave to the Sellers representative ft written notice of readiness of the tanker for loading.
Discharging operations could not be carried out owing to circumstances which did not depend on the tanker.
Пункт 9
1. The Buyers presented a claim to the Sellers of non-conformity of the goods with the contract specification.
2. The Sellers have the right to refuse to consider any claim presented by the Buyers after expiration of two months from the date of the Bill of Lading.
Пункты 11,12
1. All disputes arising out of the contract or in connection with it are to be settled by arbitration without recourse to the law courts.
All additions to the contract are to be made in writing and are to be duly signed by both parties.
The Buyers are not entitled to resell the goods sold to them under the present contract to a third country without Sellers previous consent.
Ex. 4
Пункты 1,2,3,4,5
As per clause 4 of our contract, the date of B/L consider as the date of delivery of the goods.
L/C is to be opened for full invoice value of each lot subject to shipment under contract plus 10%
L/C which the buyers should be opened in favour of sellers with MNB in London is to be valid 45 days.
The buyers to be pay all expenses connected with the opening, extension and utilization of L/C
We inform you that s/s “Neva freighted by us for transportation of the goods under contract No. 125” will arrive to Odessa at the end of this week. Up to the present time however you didn’t open with Bank for foreign trade of Russia L/C for 90% of value of the goods in conformity with clause 5 of the contract. We cannot load the goods on this steamer, until L/C hasn’t been opened by you and must state the demurrage of the steamer which may be caused by delay on opening L/C will be charged to your account.
L/C is to be opened by you not later than 15 before vessel’s arrival at the port of loading.
Payment is to be effected by you in pounds of sterling by net cash against full set of B/L, invoices and Insurance policy issued by Ingosstrakh of Russia in Moscow.
Пункт 6
The weight stated in B/L was determined in conformity with measurements of the shore tanks in Tuapse. This weight as per clause 6 of contract is final and binding upon both parties.
As to settle our dispute concerning quality of Gasoil we offer that both parties sent sealed samples stored to their, laboratory in Stockholm for final analyses.
Пункт 7
We freighted good in Ingosstrakh of Russia against usual marine risks for full invoice value plus 10%. If you want we can also insure the good for your account against military risks.
Today we handed to bank for foreign trade of Russia the insurance policy for this good issued by Ingosstrakh in the name of you.
Пункт 8
We substitute s/s “Neva” for another vessel and in a few days we inform you by telex it name and capacity.
Notification of readiness of vessel for discharge was handed by Capitan to your representative at the port of discharge 25 may at 4 o’clock a.m.
We included from lay time 10 hours during of which discharging operations could not be carried upon technical reasons depending on the tanker.
Пункт 9
We can’t to regard your claim since expire more than 2 months of the date of delivery.
Your claim in connection with the quality of the goods shipped on the steamer “Neva” under contract No. 25 no entitle to reject the lots loaded on s/s “Leninigorsk” under the same contract.
Пункт 11
We cannot agree that our dispute was refer to arbitration in London as under clause 10 of the contract all disputes arising in connection with contract are to be settled by foreign trade arbitration commission at the chamber of commerce of Russia in Moscow.