Contract For International Sale Of Goods (Page 4 of 6) in pdf

himself or use specialized Inspector Company.

2. The Seller and the Buyer shall issue and sign a Pre-shipment Inspection Protocol stating result of the

inspection. In case the goods as well as the related documentation was not in strict conformity with the

contract, the Contracting parties must state this fact in the Pre-shipment Inspection Protocol and agree on the

procedure for removing of the defects before the goods will be released for transport.

BUYER version: Longer period before pre-shipment inspection, at least three weeks, specifications of

checkings which shall be checked during the inspection The Subject of the inspection will be the following:

- Checking of the completeness of the subject of the Contract in accordance with the technical specification

- Checking of the documentation

VII. Delivery Terms

1. The 2 Cataclysm Burning Oil Heavy Excavators shall be delivered one item every 6 months. The first one

shall be delivered no longer than 30 March 2014. The second one shall be delivered no longer than 31.

October 2014.

2. The 10 Cataclysm Fire Trucks shall be delivered one item every 4 months. The first one shall be delivered

no longer than 30 March 2014. Every other shall be delivered no longer than on the last day of every 4

months.

3. The goods will be delivered in conformity with the INCOTERMS 2010 EXW seat of the Cataclysm

Equipment Ltd., Castle Pines, Colorado, US.

4. The Seller will notify the Buyer about the readiness of the goods for the shipment from the warehouse.

The Buyer shall confirm the receipt of readiness signal and arrange the transport immediately. The

notification as well as the confirmation shall be in writing.

BUYER version: try to negotiate earlier delivery, no EXW INCOTERMS 2010, delivery shall be governed

by DDP INCOTERMS 2010.

VIII. Transfer of the Ownership

1. Ownership to the Goods is transferred from the Seller to the Buyer at the time when the purchase price is

fully paid according to the article IV. of this Contract.

IX. Warranty

1. The Seller warrants to the Buyer that the goods shall be free from defects in material and workmanship

(“Defects”) under normal uses and service for a warranty period, which is 6 months from the date of

handover.

2. Warranty Claims by the Buyer must be submitted to the Seller in writing, within 7 days of the discovery of

the defect. In such a notice, the Buyer is obliged to specify the detected defect, to state what claim out of the

defect the Buyer enforces and in what time period they require to remove the defect.

3. The Seller is obliged to remove defects that occurred during the warranty period without any unnecessary

delay after a notice is submitted from the Buyer and at their own expenses. Should the Seller fail to fulfil this

obligation, the Buyer is

– after the

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Contract For International Sale Of Goods Page 4