Card 20
(FORM OF CONTRACT)
SUBJECT OF THE CONTRACT
Rossexport shall supply to the Agents on consignment basis goods in accordance with the enclosed specification as well as with any further specifications that may be agreed upon between the parties during the period of validity of the present contract for demonstration and sale, the above specifications constituting an integral part of the contract.
The Agents undertake to sell on the territory of... the goods delivered by Rossexport on consignment in their own name and fore their own account.
The period for which the goods are sent on consignment shall not exceed ... months from the date of delivery of the goods.
In case the goods are not sold within the period of consignment the Agents undertake to purchase the goods for their own account and pay Rossexport the full value of same.
The period of consignment can be extended in particular cases only, upon agreement of both parties.
Rossexport have the right to recall the goods prior to the expiration of the stipulated period but not before ... months from the date of delivery of the goods on consignment.
The Agents undertake to procure the necessary licences for the import of the goods to ... and if required for the export of the goods from ...„ all expenses connected therewith being borne by ....
Assignment:
You supplied the goods to your agent on consignment basis. But the goods were not sold within the stipulated period, and your agent is not in a position to pay you the full value for the goods. What are the ways of solving this problem?
9. 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 clause 3 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.of-the goods c.i.f., f.o.b. or f. o. r..'..-..
Claims which arise through faulty material or workmanship as stipulated in clause 8 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.
3. PRICE
The goods will be delivered at prices agreed upon by the parties and indicated in the specifications, packing being either included or excluded, depending upon the nature of the goods supplied.
The prices are................................
The Agents will fix the selling prices for the goods upon agreement with Rossexport, taking into consideration that the difference between the selling price and the contract price is to constitute the commission fee of the Agents and is to cover all expenses connected with the demonstration and sale of the goods as provided for by the present contract.
8. TERMS OF PAYMENT \У\
Within two days after the sale of the goods the Agents shall notify Rossexport accordingly.
Payment of the full value of the goods sold shall be made by the Agents within 7 days from the date of sale.
The Agents shall inform Rossexport of the prices at which the goods have been sold to third parties.
The Agents are not entitled to make any deductions from the sums due to Rossexport as a security for claims which might have been made on Rossexport or on third parties.
guous.
5. DELIVERY DATE: The delivery date is understood to be the date v on which the Suppliers apply to the Buyers' Shipping Agents notifying them that the goods have been inspected and passed for shipment by the Buyers' Inspectors and are packed ready for shipment.
The Suppliers shall dispatch the goods by the date indicated by the Shipping Agents; any delay in doing so shall be counted as delay in delivery on the part of the Suppliers.
Should the Suppliers fail to deliver the goods or part thereof by the delivery date specified in the order, they shall pay the Buyers agreed and liquidated damages for delay in delivery at the rate of... percent, per week of the value of the undelivered goods.
In addition Rossimport reserves the right to reject any goods over ... weeks, and such rejection of the goods shall not free the Suppliers from their liability to pay the Buyers agreed and liquidated damages calculated up to the date of rejection but not more than ... per cent, of the value of the rejected goods.
Rossimport has the right to deduct the amount of agreed and liquidated damages, calculated on the basis stipulated in this contract, from the amounts due to the Suppliers.
The delivery date is understood to be the date of the Bill of Lading.
If during ,V. days from the date of the readiness of the goods for shipment the equipment cannot be loaded on board ship owing to circumstances beyond the Sellers'control (no shipping facilities available) the Sellers have the right to hand over the goods to the Buyers' Forwarding Agents. In this case the date of the Forwarding Agents' receipt is to be considered the delivery date.
After the handing over of the goods to the Buyers' Forwarding Agents all the expenses connected with the storage of the goods up to the moment of loading them on board ship are to be borne by the Buyers. But in such case the Sellers are to defray cranage and stevedoring expenses in accordance with clause 2 of the present contract.
If the goods are not ready for shipment by the date of arrival of the vessel, the Sellers are to compensate the Buyers for the losses they may sustain in connection with the underloading of the ship (dead freight).
1. SUBJECT OF THE CONTRACT
Rossexport shall supply to the Agents on consignment basis goods in accordance with the enclosed specification as well as with any further specifications that may be agreed upon between the parties during the period of validity of the present contract for demonstration and sale, the above specifications constituting an integral part of the contract.
The Agents undertake to sell on the territory of... the goods delivered by Rossexport on consignment in their own name and fore their own account.
The period for which the goods are sent on consignment shall not exceed ... months from the date of delivery of the goods.
In case the goods are not sold within the period of consignment the Agents undertake to purchase the goods for their own account and pay Rossexport the full value of same.
The period of consignment can be extended in particular cases only, upon agreement of both parties.
Rossexport have the right to recall the goods prior to the expiration of the stipulated period but not before ... months from the date of delivery of the goods on consignment.
The Agents undertake to procure the necessary licences for the import of the goods to ... and if required for the export of the goods from ...„ all expenses connected therewith being borne by ....
CONTRACT 1 Assignment:
You ordered a consignment of Cement, consisting of 2000 bags. After unloading the vessel you found a 100 bags shortage. You decided that money compensation will satisfy you. Your actions.
CONTRACT 2 Assignment:
After signing the contract, you placed an order for consignment of engines. The shipment by the Seller was effected as stipulated by the Contract. But unfortunately three months have passed, and you still have neither cargo nor written notification. What decision will you take to solve the problem?
CONTRACT 3 Assignment:
The preliminary agreed vessel for carriage the cargo appeared to have smaller capacity. You have to order another one. What steps should you take to comply with the Contract terms?
CONTRACT 4 Assignment:
Rossexport sent a wide range of consumer goods for retail sale. The goods have arrived in the port and are waiting for collection by retailers. What are your
actions as an agent?
CONTRACT 5 Assignment:
The Buyer paid the advance in accordance with the Contract terms, but did not receive the cargo in the course of 30 days from the stipulated date. You (the Seller) have received a claim from him for reimbursement. Your actions.
CONTRACT 6 Assignment:
The vessel with your goods shipped to the Buyer was delayed in the transit port due to strong wind. What actions can release you from responsibility?
CONTRACT 7 Assignment:
After receiving cargo ordered the Buyer found a shortage in weight and made a claim against your company. Your actions.
CONTRACT 8 Assignment:
Your goods are ready for shipment and you gave notice of the readiness to your Buyer. But you have no information from your bank about opening the Letter of Credit. What will be your actions concerning shipment?
CONTRACT 9 Assignment:
The tests of the equipment were conducted in the absence of the Buyer’s representatives. How will you explain this fact to the Buyer?
CONTRACT 10 Assignment:
You have received a complaint from the Buyer, but appreciate it as unjustified. What measures can you take in this connection?
CONTRACT 11 Assignment:
The weight of the equipment which you are to dispatch exceeds 500 kg. It can be loaded only on deck. What are your responsibilities and actions according to the Contract?
CONTRACT 12 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.
CONTRACT 13 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?
CONTRACT 14 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?
CONTRACT 15 Assignment:
After negotiations and signing the Contract you suggested by phone to your partners that they should increase the quantity of the cargo. What is necessary to remember in this situation?
CONTRACT 16 Assignment:
What actions will you take in case if you find that the equipment delivered under the Contract does not meet Technical Conditions specified in the Contract?
CONTRACT 17 Assignment:
You act as an agent selling goods on consignment basis. What is your margin of profit according to the Contract and should you inform the owner of the goods of it?
CONTRACT 18 Assignment:
You received the cargo ordered in two lots and the second lot arrived with a 3 week delay. You are hardly pressed in fulfilling obligations to your own customers. What rights do you have according to the Contract?
CONTRACT 19 Assignment:
You delivered the goods for loading on the berth? But the Buyer was not ready to accept cargo. And you handed the cargo to the Buyer’s Forwarding agent who arranged storage of the cargo. Who will bear expenses in this case?
CONTRACT 20 Assignment:
You supplied the goods to your agent on consignment basis. But the goods were not sold within the stipulated period, and your agent is not in a position to pay you the full value for the goods. What are the ways of solving this problem?