Section XVI. Import regulations Art. 37 37.1 - If a contract has been concluded "guaranteed to pass" or "subject to passing...
Section XVI. Import regulations Art. 37 37.1 - If a contract has been concluded "guaranteed to pass" or "subject to passing", the Seed Regulations of the named countries of transit and final destination in force at the date of conclusion of the contract shall apply. If the delivery or a part delivery of the seed fulfilling the contractual requirements is not admitted as a result of a seed test and/or phytosanitary objections, the Buyer shall have the right: a) in the case of "guaranteed to pass", to demand replacement of the seed or to cancel the contract. In both cases the Buyer shall have the right to claim for damages; b) in the case of "subject to passing",
to refuse the delivery. In this case, the Buyer has no right to demand replacement of the seed and neither the Buyer nor the Seller has the right to claim for damages. 37.2 - If no clause or no Incoterms have been agreed upon, it is to be considered ‘subject to passing’. 37.3 - If the seed can be brought up to the standards required to satisfy the regulations of the importing country: (i) In case of “guaranteed to pass”, the Buyer will have carried out the necessary operations to bring the seed into conformity at the cost of the Seller, unless the Seller is able to send another lot fulfilling the import conditions in the specified time. (ii) In case of “subject to passing”, the parties may agree to have carried out the necessary operations to bring the seeds into conformity. The costs involved shall be borne by the the Buyer. 37.4 - Any modification of the regulations referred to in the first paragraph of this Article after the date of conclusion of the contract shall be at the Buyer's risk.
37.5 - When an import permit is required it must be sent by the Buyer to the Seller at least 30 days in advance of the shipment unless otherwise agreed. Art. 38 38.1 Pending the decision on the admission or non-admission, the seeds shall remain at the port of discharge or at the border station. However, if the contract states "subject to passing", the Buyer may, after the agreement of the Seller, have the seeds transferred under customs control to one or several specific inland places of the country, on the condition that in case of non-admission, the Buyer must pay the return costs to the arrival port or the border station. 38.2 If the contract is "guaranteed to pass", the transport costs and warehousing shall be at the Seller's charge provided that he shall have had the possibility to accept or to refuse the specific place or places. PART E. EXECUTION Section XVII.
Notification of intent to ship and shipping instructions Art. 39 39.1 The Seller shall inform the Buyer by letter or telecommunication of his intention to ship the seeds. 39.2 When the contract does not specify shipment "at Buyer's option" and shipment is scheduled before a "fixed date" or within a "predetermined period", the Seller shall indicate, in the case of transoceanic shipments, the date of shipment and the means of scheduled transport a minimum of 30 days prior to the "fixed date" or before the end of the "predetermined period" in the case of trans-oceanic shipments. In all the other cases, a minimum of 10 days is required. Art. 40 If shipping instructions have not been specified in the contract, the Buyer shall convey them to the Seller within the following time limits: a) for "immediate shipment", within 5 days from the date of conclusion of the contract; b) for "prompt shipment", within 10 days from the date of conclusion of the contract; c) for shipment before a "fixed date" or within a "predetermined period", within 5 working days after the receipt of notification of intention to ship expressed by the Seller; d) for shipment at the option of the Buyer before a "fixed date" or at a "predetermined period": 30 days for trans-oceanic shipment and 10 days in all the other cases before the "fixed date", or the end of the "predetermined period" provided for in the contract.
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