IX. Обсудите данный диалог (после его проверки) и суммируйте его суть.
X. Выполните следующие задания:
а) Проведите переговоры с иностранной фирмой о продаже нефти или нефтепродуктов с уторгованием цены и базисных условии согласованием других статей контракта.
б) Суммируйте проведенные переговоры в письменной форме, как будто это отчет.
в) Напишите диалог, который мог бы иметь место о бартерной сделке между вашей внешнеторговой фирмой и японской компанией.
УПРАЖНЕНИЯ ДЛЯ ПОВТОРЕНИЯ ЛЕКСИКИ И ГРАММАТИКИ УРОКОВ 6-9
XI. Заполните пропуски предлогами или наречными частицами там, где нужно: TEXT 9 С. CONDITIONS OF CONTRACT (INTERNATIONAL) WORKS OF CIVIL ENGINEERING CONSTRUCTION
(from the preface)
The Conditions _ tontract _ Works _ Civil Engineering Con
struction have been prepared _ use where companies _ international
standing are invited to tender _ Works of civil engineering construction,
284
Applying their knowledge the conditions which civil engineering
uts are carried throughout the world, two Swiss organizations
irvised standard conditions which should be _ great assistance _
Inying authorities and others responsible carrying development
programms.
The conditions have as their objective a clear and logical sequence _ , the removal ambiguities, the elimination, as Far as possible _
иi,ilive elements and a fair distribution the risks that may occur works . civil engineering construction.
Provision is made all disputes being submitted the decision an
independent arbitrator while the interests the employer and the work
safeguarded a provision that until"completion the work the
Engineer's decision any question shall be final and that there shall be no delay the execution the work on that account. The Arbitrator
1 however, have the right to decide whether the contractor is entitled . . extra payment or not respect compliance the Engineer's decision.
| the preparation the Conditions it was recognized that while there
were numerous Clauses which would be universally applicable there
were some Clauses which must necessarily vary to take account _ the circumstances and locality the Works. The Clauses of universal appliation have been grouped together and are referred _ as Part I General Conditions. They have been printed a form which will facilitate inclusion ( further reproduction) the contract documents normally prepared.
The General Conditions are linked the Conditions Particular
plication, referred as Part II, by the consecutive numbering the
Uftes, so that Parts I and II together comprise _ the conditions
r ning the rights and obligations the parties.
The Clauses Part II must be specially drafted to suit each
particular Contract, and to assist those entrusted their preparation.
Notes intended as an aide-memoire (памятка) relation the matters
which should be covered the variable clauses have for convenience been included the document. These Notes should be detached (отделять, откреплять) the document when inviting tenders.
behalf our respective Organizations we have pleasure rec-mending the Standard Form and trust that it will be used all utilizations interested constructional projects an international character.
rich, 29th August, 19 _. The authors
(signatures)
TeXT 9 D. GENERAL CONDITIONS OF SALE
(extracts)
1. The date the Bill Lading is to be considered as the date _ delivery. Prior delivery, part shipment, transshipment and shipment deck are allowed. payment the Letter Credit the above provision Until be included the text the Letter Credit.
2. The quality the goods delivered this Contract shall be .
conformity either the State standards existing the USSR or the technical conditions ruling the manufacturing works and shall be confirmed either the Works' Certificate of Quality or the Sellers'
Letter Guarantee.
3. The Sellers shall have the right to introduce improvements alterations the design vehicles delivered as well as to producing vehicles the make provided the present Contract.
_ this case the Sellers and the Buyers shall reach an agreemt the new prices, quantities, terms delivery and other terms conditions _ the transaction not later than 60 days the first delivery the improved vehicles or vehicles a new make.
If these new terms and conditions delivery are not agreed the time indicated, the Sellers shall have the right to withold the dellvery vehicles and / or cancel the present Contract compensating Buyers any damages.
4. The goods shall be considered delivered the Sellers accepted the Buyers provided:
the quality is as the Works' Certificate of Quality or as the_ Sellers' Letter of Guarantee;
the "quantity is as number packages and weight indicated the Bill Lading.
5. The Sellers guarantee the trouble-free operation the goods _ a period 18 months the date putting them operation, or the run 30.000 kms (depending which these circumstances соmes first), but all cases not more than 24 months the date delivery
If the goods prove to be defective or non-conforming the terms and conditions the period guarantee, the Sellers shall eliminate defects detected. The substituted defective goods or their parts shall returned _ the Sellers not later than 3 months receipt the Buyers the Sellers' request the return the goods.
The guarantee shall not apply rapid-wearing spare parts or which have suffered natural wear.
Neither does it apply the damage resulting their improper storage, assembly, repairs, maintenance or operation, or non-observance the Buyers _ the Sellers' instructions, as well as the alterations made the Buyers their design the Sellers' consent.
6. The Buyers shall have the right to make a claim the Sellers regarding:
the quality the goods non-guaranteed (including the in fringement assortment) a period _ 6 months the date delivery;
the quantity the goods (including breakage or damage) a period 3 months the date delivery (if the carrier is not responsible it).
the goods the guarantee not later than 30 days the expiration the period guarantee subject to detection the fault the guarantee period.
Non-submission of the claim the periods mentioned points “a” "b" and "c" this clause deprives the Buyers of the right to refer arbitration.
The Buyers should send the claim a registered letter endoslnl the Claim Report as well as other documents confirming the ground] for the claim.
The Claim Report shall be made the participation the Sellers’ representative or the participation a neutral competent contr organization or any firm the Sellers' country.
Submission a claim referring a consignment the goods shall not give the Buyers the right to reject acceptance and payment other consignments the goods specified the Contract.
286
The Sellers shall have the right to check up the grounds the claim the spot through their representative.
7.The Sellers undertake the guarantee period to render their i и use technical service the Buyers' country the vehicles and equipment sold this Contract.
8. The Buyers shall not have the right to re-export third countries the goods delivered this Contract the Sellers' consent thereto.
The Buyers shall have the right to make use the technical documents received (for which the Sellers reserve exclusive rights) _ their country the maintenance, operation and repairs the vehicles or equipment only.
9. The Buyers undertake to preserve the original trade marks and labels . the Sellers.
l0.The Sellers shall insure the goods covering their invoice value _usual transport risks Ingosstrach the USSR. The goods may be insured other risks only upon special request the Buyers and the Buyers' account.
11. case the Buyers infringe the terms payment this Contract, the Sellers have the right to suspend the fulfilment their obligations _ this Contract and/or cancel the Contract and make a claim the Buyers . damages or losses resulting non-observance the terms payment.
12. The goods shall be shipped the Sellers their option tramp vessels or . liners. case the goods are shipped tramp vessels, unloading the goods the port destination is to be the Buyers' account. case the goods are to be shipped liners, the transportation is to be regulated _ conditions the Bill Lading liner shipping companies which are binding _ . the Buyers. Expenses unloading are borne the Buyers.
The Sellers shall inform the Buyers cable or telex 48 hours the sailing date the ship's name and her sailing date, the number the Bill Lading and the quantity the goods snipped.
Should circumstances arise which prevent either the Parties complete or partial fulfilment their obligations this Contract, such as fire, calamity (стихийное бедствие), war, military operations any nature, blockade, export or import prohibitions or other circumstances beyond the control the Parties concerned, the date fulfillment . their obligations will be postponed in proportion with the time which these circumstances exist. If the above circumstances are force over 6 months, each the Parties shall have the right to refuse fulfilment their obligations the Contract and this case neither the Parties shall be entitled to make a claim the other Party any possible losses. The Party which has thus been deprived of the possibility fulfilling the obligations this Contract should immediately notify the other Party the beginning or . cessation the circumstances which prevent the performance the Contract obligations. Certificates issued the Chambers Commerce the countries the Sellers or the Buyers respectively shall be accepted as a proper evidence the existence the above circumstances and their duration.
15. Any dispute or difference which may arise or connection _
this Contract shall be settled, recourse (обращение) ordinary courts . law, the Arbitration Court the USSR Chamber Commerce and Industry, Moscow, accordance the Rules the
287
ХІІІ
Составьте
предложения по следующим моделям,
употребляя лексику уроков
6-9
Model
A
When
agreed
upon
and
signed,
contract
becomes
a
legal
document.
После
согласования и подписания контракт
становится правовым документом.
The Buyers shall obtain the import licence. the event the Buyers do not obtain the import licence 3 months the date . signing the Contract, the Sellers are entitled to cancel the Contract . any obligations their part. The Sellers are to be immediately informed the Buyers the receipt the import licence.
All Appendices and Addenda this Contract are its integral part.
Neither the Parties shall have the right to transfer .third persons their rights and obligations this Contract a written consent thereto the other Party.
All expenses connected obtaining an import licence, a Bank Guarantee, opening and probable prolongation Letters Credit, well as Bank commission arising connection effecting payment . this Contract shall be the Buyers’ account.
20. All taxes, customs duties and other charges levied connection the performance this Contract the USSR are to be paid .the
Sellers and those levied outside the 0"SSR are to be paid the Buyers.
21. All Amendments and Addenda this Contract are valid only if made writing and signed representatives the Parties authorized thereto.
The Buyers undertake to sign a contract with V/O Zap chastexport", Moscow the purchase spare parts the goods that are subject to this Contract the sum amounting 5 per cent the value . the Contract 3 months the date its signing.
After the Contract has been" signed, all preceding negotiatU and correspondence connected it shall be considered null and void.
Moscow is considered to be the place the conclusion the Contract.
XII. Прочтите текст b) (после его проверки) еще раз и ответьте на следующие вопросы.
Who do you think are the Sellers in this case?
Who may be the Buyers?
How is the quality of the goods to be determined?
What are the rights of the Sellers in connection with the quality the goods?
What are the guarantees?
Within what time can the Buyers make a claim against the Sellers?
What are the terms of delivery of this Contract? Why do you thinl so?
What means of transportation are specified?
Which of the Parties is to insure the goods and why?
Why are the Sellers to inform the Buyers of the sailing date 41 hours in advance?
What force majeure circumstances are listed in the General Con ditions?
What bodies are responsible for issuing Certificates to confirm the existence of these circumstances?
Why is it necessary to stress the fact that Moscow is the place where the Contract has been concluded?
What information belongs under the General Conditions proper Name the points that are given here.
288
Model В
depends on the company's interested in developing ss relations with us.
M
odel
C Would
you have agreed if the firm had
insisted that they should
be given credit?
M
odel
D
Concluding contracts of sale with more and more countries, the Soviet Union increases the volume of trade and facilitates the srengthening of friendly relations in the world.
M odel E They suggest that we should change the port of loading.
Model
F
It looks
as if all the goods had arrived
in good condition, but it needs
checking
up.
Model
G
We didn't
quite expect the goods to
be up sample. The firm didn't im
in
reliable from the very start.
M
odel
H
They couldn't have insisted again
including strikes into the
Force Majeure circumstances. We
had agreed upon the clause the
before.
M
odel
I
I am pleased that the firm proved lo be a reliable partner.
Многое зависит от того, заинтересована ли фирма в развитии с нами торгово-экономических отношений.
Согласились ли бы вы, если бы фирма настаивала на предоставлении ей кредита?
Заключая договора купли-продажи со все большим числом стран, Советский Союз увеличивает объем своей торговли и способствует укреплению дружественных отношений в мире.
Они предлагают нам изменить порт погрузки.
Похоже на то, что весь товар прибыл в хорошем состоянии, но это нужно проверить.
Мы не очень надеялись (ожида ли), что товар будет соответст вовать образцу. Фирма с самого начала показалась не совсем на дежной.
He может быть, чтобы они снова настаивали на включении забастовок в форс-мажорные обстоятельства. Мы же накануне согласовали всю статью.
Я доволен, что фирма оказалась надежным партнером.
289
on a profit or loss basis to be regarded as
to
become null and void to
be equal to sample
to be up to sample to
submit a claim to
The potential of the new market Новый рынок оказался —-
turned out to be quite good for емким для последней марки
the latest model of our Lipetsk шего липецкого трактора.
Tractor.
XIV. Закончите следующие предложения:
Having signed/a contract with a Japanese firm, we expected...
If the contract were worth signing, the negotiations...
Why did they expect payment...?
The parties concerned agreed that the goods listed below should.
5. If you had found the defects within the guarantee period, should...
to choose an arbitrator fromto refer the matter for arbitration among the members of...
to have a wide experience in smth to make a claim because of poor
quality
Проиллюстрируйте употребление следующих слов и словосочетаний примера-ми обращая внимание на предлоги:
L6. to agree to, with, about,
on (upon)
by means of negotiations
to negotiate with smb. for smth
The British company insisted that...The negotiations continued as if nothing...
The bank has not received the shipping documents yet. The Sellers may not have...
We could have placed our order elsewhere if...
The goods have arrived in time for loading. The Buyers have...
The carrier needn't have...
If the goods had been up to sample, the Buyers...
We wouldn't have made a claim against them if...
L8
(cont.) We regret to learn-to
be mistaken for
some reason or other There
is every reason to believe to
result from to result in as
a rule to
make an appointment with smb.
L6
to suggest alterations
to offer services
to carry on negotiations
to carry out
to get down to business
to smb's full satisfaction
to meet smb. halfway
to
meet smb.'s requirements
for some time
the amount due to us
L8 to approve of smth. to approve smth.
to
be involved in smth. in
due time (form)
L7
Suit yourself.
on the one part ...on the
other part ... at
that failure in placing a vessel
to place an order elsewhere unless otherwise agreed (on, upon)
to make a few remarks in addition on what conditions according to the specification to assign to smb.
uder loading to bear smth. in mind to substitute smth. for smth. L8 to make a claim on (against)
smb. for smth.
to settle...in an amicably way
as far as the time of delivery
is concerned ... concerning late delivery if the delay in delivery...
to negotiate a contract to pick smb. up on the premises of to be satisfied with smth. to be well equipped for smth. to prefer smth. to smth. per unit
L6 (cont.) to pay by check (by L/C, by drafts) the rate of exchange
smb.'s consent to smth. without the Buyers' consent in favour of
free of charge
to charge to smb.'s account for smb.'s account
at smb.'s expense
to draw (drafts) on/against
smb.at 3 months sight
to be binding on/upon smb.
with interest at 5 per cent
per year
to claim smth. from smb.
tobe stipulated in the
contract
to be confident of smth.
L7 (count.) in many respects
in respect of
to bear the risk of accidental
damage
to or Toss of the goods
to insist on smb.
L8 to arise from smth.
referring to smth.
with reference to smth.
to. be concerned about smth.
by (for) arbitration
L8. (cont.) to miss - the train
to make an alteration in the design
to make an alteration to the
contract
to revert to the matter
to show smb. in,out, around
to take smth. up
for lack of time
a complaint about smth.
a reduction in the price
to correspond to smth
by a majority of votes
to deliver the first consignment
ahead of schedule
to contact the firm in question
right away
to be out of the question
290
291