80 Approve (of smth.) V.

W.comb. to approve of one's action (decision, behaviour, etc.) e.g. Do you approve of my

choice? 81. approve v.

w.comb. to approve a plan (a model, a sample, a decision, etc.)

e.g. The General Director did not approve the new programme. Syn.to accept approval n. e.g. The contract was sent for

their approval. W.comb. to give one's

approval

to express one's approval to get smb.'s approval e.g. His plan got everybody's approval.

Арбитражный суд при Всесоюз­ной Торгово-промышленной па­лате СССР разрешает споры в соответствии с регламентом вы­шеуказанного суда.

одобрять, оправдывать что-л. (морально) одобрять чьи-л. действия (реше­ние, поведение и т.д.)

Вы одобряете мой выбор?

утверждать, принимать принимать план (модель, образ­ец, решение и т.д.)

генеральный директор не принял новую программу.

принимать

одобрение, утверждение

Контракт был послан на их

одобрение.

одобрить

выразить свое одобрение получить чье-л. одобрение Его план был одобрен всеми (по­лучил всеобщее одобрение).275

LESSON 9

T EXT 9 A: Discussing Sanctions and Force Majeure Circumstances TEXT 9 B: General Conditions of Sale

GRAMMAR REVISION:Modal verbs can/could, must, may, should,

needn't with Perfect Infinitive Vocabulary REVISION: Lessons 6-9.

TEXT 9 C: Conditions of Contract (International) for Works of Civil Engineering Construction

T EXT 9 A. DISCUSSING SANCTIONS AND FORCE MAJEURK CIRCUMSTANCES

Those present at the talks:

On the Soviet side:

MICHAEL BALASHOV, Sales Manager SEMEN ANTONOV, Deputy Director of the firm LEONID PETROV, Senior engineer

On the Canadian side:

Mr JAMES CRAMER, Manager of the Import Department

Mr ANDREW CROWN, Deputy Manager of the Import Departmenl

Mr SIMON CARRINGTON, Senior engineer

That was the last day of our representatives'stay in Canada. After an exchange of greetings and some small talk those present made themselves comfortable round the table and got down to businesn right away.

Mr C: "I understand we've got two clauses to discuss today. But IV got a very small point to clarify about packing first. Where will the packing list or the shipment be?" В.: "A detailed packing sheet with all the information required will

be in a waterproof container with each tractor." Mr C: "Good. So one of the clauses for today is sanctions. If you don't mind, I'll begin. I looked through the draft contra») again yesterday evening ancj have to point out the following the Sanctions Clause says, "Should the delay in delivery exceed 4 months, the Buyers shall have the right to cancel tin contract or its part."I wouldn't like to have any delays in deliveries at all, but if it happens, I can't possibly sit on th* fence doing nothing for four months." В.: "Whatever do you mean by "doing nothing"?" Mr C.t "I mean we need tractors, so I'd prefer having the right in cancel the order after two months of delay, which will епаы-us to urgently place our order elsewhere." В.: "I see But that's our usual provision. As long as I remember it has never come to the cancellation of the contract." Mr C.s "The more so. Could you agree to this alteration?"

В.: "Well, Mr Cramer, if it's that important to you - if you insist." Mr C: "I do, Mr Balashov."

В.: "All right. Anything else?"

Mr C: "Otherwise the clause looks OK to me. Now the-Force Majeure Clause. It says: "If the above circumstances last over 6 months, each party shall have the right to cancel the Contract."Again I'd ask you to make it 3 months instead of 6." В.: "I'm afraid, Mr Cramer, I can't agree to that. It's a fact. The limit of 3 months may sometimes be applied, let's say, to commodities or various raw materials and the like. As to machinery and equipment it's usually 6 months. Why do you object anyway? You're trying to be overcautious. Aren't you overdoing it a bit?"

Mr C: "A burnt child fears the fire¹, Mr Balashov." В.: (smiling broadly) You're no longer a child, Mr Cramer. And don't be pessimistic. What's the matter with you today? You need something to cheer yourself up."

Mr C: "If that's a hint for a coffee break, I take it."

В.: "Good, but what about your objection, Mr Cramer?" Mr C: "On second thoughts I may have been too cautious. Let's leave

it as it is - 6 months." (after a 30 minutes' interval) MrC: "I feel much better now."

В.: "So do I. I like a cup of coffee in the middle of my morning's work - it's a good stimulant, isn't it?"

Mr C"I'm with you there. A cup of coffee a day keeps all your worries away², as the English say. And let's hope for the best that no Act of God will touch us. B:"(smiling) God forbid!³ Where are we now?"Mr C 'I've got another remark to make. I suggest that the Force Majeure Clause should include the following words: "Manufacturing difficulties such as shortage of raw materials, electric power, labour shall not release the Sellers from responsibility for non-delivery or for delay in delivery of the goods under this Contract." В.: Pardon. Could I have it again, please?"

Mr C"Here you are (handing him a sheet of paper). Read it for yourself."

B:(after reading it) I don't think we may have anything against it, do you? (turning to and passing the. sheet to his colleagues)."A: "I think it's all right." P.: "I think so, too." B .: "From everybody's point of view the addition of these words

won't make the contract any worse. Satisfied, Mr Cramer?" Mr C .: "Yes, quite."

B.: "I hope we can consider all the points, I mean, clauses agreed upon. Remarks will pour forth from you today. Mr Cramer, as if from a horn of plenty⁴. Is it at last exhausted?" ' Mr C.: "(laughing) I don't know about the horn, but 'I am bit exhausted, aren't you?" B: "I'd rather say I feel a bit tired, but far from exhausted. – So we've completed a good job, haven't we?" Ill "I'd like to make it a point that both parties did everything

276

277

possible to bring the talks to a successful finish." В.: 'Yes, I agree with you, Mr Cramer. Now we expect you Moscow as soon as you get your entry visas for the gnu ceremony of signing the contract, and I'm looking forward seeing you, Mr Cramer, and your colleagues in our country " Mr C: "I'd be delighted. By the wav, Mr Balashoy, were you ser yesterday, when speaking about our possible acting as your agents, brokers or distributors?" В.: "Yes, why not? Quite serious." Mr C: "You know there's something in it. Perhaps we'll discuss the matter when we're in your country to sign the contract." В.: "Very good, Mr Cramer, I'm looking forward to it." Mr C: "I won’t say goodbye now. I'll be seeing you off, gentlemen.' В.: "Oh, that's very nice of you, Mr Cramer, thank you very mui for everything, for your cooperation and understanding during the talks and for your hospitality. We'll try to reciprocate

We'll be seeing you, let me see (looks at his watch) in th hours and a half. So long." (Everybody exchanges "goodbyes” before parting.)

Notes on the text:

1. A burnt child fears the fire - "Обожженный ребенок боится огня' соответствует русской пословице: "Обжегшись на молоке, дуешь и на воду'

2. A cup of coffee a day keeps all your worries away - "Чашка кофе в день отгоняет (удаляет, отстраняет) все заботы", соответствует "Пей по чашке кофе в день, и от твоих забот останется только тень."

3. God forbid! - "Боже сохрани! Не дай Бог! Избави Бог! Упаа Бог!"

1. ...as if from a horn of plenty "как из рога изобилия"

TEXT 9 B. GENERAL CONDITIONS OF SALE

They correspond to "Standard Conditions of Sale" in contracts of some British companies.

The amount of information in General Conditions varies from contract to contract depending on the traditions of the contracting firmi and the volume of delivery.

General Conditions may include, for example, in small orders, such items as Shipping Specification, Inspection, Guarantee and Claims Conditions or Transportation, Force Majeure Circumstances, Arbitration and Sanctions, and are printed on the reverse side of the order form.

In many standard contracts, however, these items are given as separate clauses (articles) and General Conditions (Provisions) only comprise the following information: they may begin with the definition of the date of delivery:

"The date of the Bill of Lading or the date of the stamp on the railway bill, road or airway bills is to be considered as the date a

278

delivery." Sometimes the definition is contained in other clauses, such I* Shipping" or "Delivery Dates."

Also, they may contain indication about the proper law of the

contract applied. For instance,

“The Swedish Civil and Commercial Law shall be applied to this iitract" or "The Contract shall be governed by English law."

Hut as a rule it is given in detail in the clause "Arbitration."

other items under General Conditions may be:

"All taxes, dues and customs duties on the territory of the Bifs'country are borne by the Sellers. On the territory of the Buyers' country they are borne by the Buyers if they are connected Ih the fulfilment of this Contract.

Neither party shall have the right to assign the rights and ligations under this Contract to any third party without the written tificnt of the other party.

In case of non-fulfilment or improper fulfilment by the Sellers of their obligations under this Contract, the Sellers are to reimburse to the Buyers the losses suffered by them.

Appendices, addenda and amendments to the Contract are only valid (or shall be effective) and shall make an integral part of the contract if made (issued) in writing and signed by the contracting files.

All enclosures to the General Conditions as well as to the Contract

regarded as an integral part thereof.

All negotiations and correspondence preceding the conclusion of ii Contract and pertaining to it become null and void on the date of

signing.

This Contract is signed in (the name of the place) on the (the date) in duplicate (in 2 copies), each in the Russian and English languages, one copy for each party, both texts being authentic (or vlng equal force), and will become effective from (or comes into ret as on) the date of its signing."

A different possible wording, taken from other standard contracts, is blvcn in brackets, sometimes after the conjunction "or".