Card 12

(FORM OF CONTRACT)

Terms of Discharge:

1. Discharge of the goods out of the vessel’s holds at the port of destination to be effected by the Buyers at their own expense, free of risk and expenses to the vessel, at the average rate of … metric tons per hatch per weather day, Sundays, official general and local holidays are excepted unless used. For detention of the vessel over the time allowed for discharge the Buyers to pay to the Sellers demurrage at the rate of … per GRT of the vessel per day and pro rata for any part of a day, and for all lay time saved in discharge, the Sellers to pay to the Buyers dispatch money at the rate of … per GRT of the vessel per day and pro rata for any part of a day.

2. Discharge of the goods shall be at the Buyers’ expense, once they have passed the ship’s rail. The Buyers must accept the goods from the vessel as quickly as the vessel can deliver them and are responsible for an detention of the vessel being through their fault (particularly for not placing lighters in due time when discharge is being effected into lighters) paying as compensation for detention of vessel in unloading … per GRT of the vessel per day.

Assignment:

The cargo shipped by you in due time arrived in the port of destination, but discharge was delayed by the consignee as the facilities were not prepared and the vessel appeared on demurrage. Your actions.

Card 13

(FORM OF CONTRACT)

Rejection

Buyer shall have the right of rejecting any or all of the goods covered by the Agreement which are not in conformity with the Buyer’s specifications and which are not approved by the Buyer’s Department , provided that the Buyer notifies the Seller by telex or cable, followed by written notice of such rejection and its reasons for rejection within a maximum of thirty (30) calendar days after arrival of the said goods at Buyer’s warehouse. Buyer’s failure to send notification of rejection to the Seller in the above manner within this 30-day period shall constitute acceptance of the goods by the Buyer.

Arbitration

The parties agree that any dispute arising our of or relating to this Agreement shall be resolved exclusively and finally by arbitration to be held in Munich, Germany. Any such arbitration shall be conducted in the English language and shall proceed pursuant to then existing Rules of Arbitration of the International chamber of Commerce, but only to the extent that these rules do not conflict with the provisions of this Agreement.

Assignment:

You have received the goods ordered two months ago, but when you opened the cases you found that the quality was not up to standard. What are you entitled to do to adjust the situation?

Card 14

(FORM OF CONTRACT )

CLAIMS

Claims which may arise with regard to the quality of the goods owing to their non-conformity with the standards and technical conditions provided for under of this contract as well as claims concerning the quantity of the goods will be considered by the Seller only if submitted within 45 days from the date of arrival of the goods at the place of destination shown in the Bill of Lading and in any case not later than within 90 days of the date of delivery.

Claims which arise through faulty material or workmanship will be considered by the Seller only if submitted within the guarantee period.

The claims should be corroborated by the Buyers' reports drawn up with the assistance of competent organisations.

No claims put forward in respect of any consignment of the goods can be used by the Buyer as a reason for his refusal to accept the goods and to pay for them. This applies to both the consignment in respect of which a claim has been raised and to all further consignments to be delivered under the present contract.

The date of the postmark on the Buyer's letter containing the claim and addressed to the Seller to be considered as the date of the claim.

Assignment:

You dispatched the consignment ordered from you and received a letter from the Buyer saying that the cargo arrived. But 3 months later you received one more letter with a claim for poor quality of the goods. How will you treat the claim?