Section X. Documents Art. 23 23.1 The documents to be presented by the Seller as part of the contract may be specified in the contract. Unl...
Section X. Documents Art. 23 23.1 The documents to be presented by the Seller as part of the contract may be specified in the contract. Unless otherwise agreed they shall contain at least the delivery note, the invoice and a declaration of the quality (for example by a certificate of analysis). 23.2 In case of GM seed, documentation as required by the bio-safety protocol according to national regulations in the country of the Buyer must be included. Art. 24 24.1 The Seller shall take all appropriate measures so that the documents arrive at their destination before the arrival of the seeds. 24.2 If the seeds arrive prior to the receipt or the presentation of the complete documents, the Buyer shall take all appropriate and practical measures in his power to avoid undue costs, such as demurrage, which might arise at the point of unloading. The complete set of documents shall be received or presented not later than one month after the arrival of the seeds. If after the expiry of this time the Seller does not fulfill his duty within 48 hours following final notice from the Buyer, the Buyer has the right to withdraw from the contract. 24.3 The Buyer shall be authorized to take delivery of the seeds if he can identify them and give a satisfactory guarantee to the transport company. 24
.4 The Seller is responsible for the costs incurred as a result of the Seller's failure to furnish the documents in time. Section XI. Insurance Art. 25 25.1 If the contract requires insurance by the Seller, the insurance certificate issued by a reputable insurance company shall cover 110% of the amount of the invoice in the currency specified in the contract, warehouse to warehouse, all risks, free of deductible, with indemnification payable in the Buyer's country in the currency stated on the insurance certificate. 25.2 For trans-ocean shipment, at the request of the Buyer the Seller will insure for "war risks”, including mine and torpedo risks, the premiums for which shall be at the Buyer's charge. PART D. SPECIAL CONDITIONS Section XII. Contract subject to import or export authorization Art. 26 26.1 If a contract is concluded "subject to an import or export authorization" the party requiring the said authorization shall take all reasonable steps to obtain the authorization from the relevant authorities without delay. 26.2 Notification of the decision by the authorities, granting or refusing or imposing conditions on the authorization sought, shall be given by the party requesting it to the other party by telecommunication within 2 working days of its receipt.
26.3 If a party cannot reasonably fulfill the imposed conditions, it shall inform the other party by telecommunication within two working days. The contract will then be considered as null and void without indemnification to any party. Art. 27 If the authorization has not been granted within 30 days prior to the agreed date of shipment, either party shall have the right to cancel the contract without indemnification. If the authorization has not been granted, the party affected shall prove to the other party that it has exerted reasonable best efforts to obtain the authorization.
No comments