THE SELLER'S OBLIGATIONS |
THE BUYER'S OBLIGATIONS |
A1 Provision of goods in conformity with the contract
The seller must provide the goods and the commercial
invoice, or its equivalent electronic message, in conformity
with the contract of sale and any other evidence of conformity
which may be required by the contract. |
B1 Payment of the price
The buyer must pay the price as provided in the contract
of sale. |
A2 Licences, authorisations and formalities
The seller must obtain at his own risk and expense any
export licence or other official authorisation and carry out,
where applicable, all customs formalities necessary for the
export of the goods. |
B2 Licences, authorisations and formalities
The buyer must obtain at his own risk and expense any
import licence or other official authorisation and carry out,
where applicable, all customs formalities for the import of
the goods and for their transit through any country.
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A3 Contracts of carriage and insurance
a) Contract of carriage
The seller must contract on usual terms at his own
expense for the carriage of the goods to the named port of
destination by the usual route in a seagoing vessel (or inland
waterway vessel as the case may be) of the type normally used
for the transport of goods of the contract description.
b) Contract of insurance
No obligation. |
B3 Contracts of carriage and insurance
a) Contract of carriage
No obligation.
b) Contract of insurance
No obligation. |
A4 Delivery
The seller must deliver the goods on board the vessel at
the port of shipment on the date or within the agreed period.
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B4 Taking delivery
The buyer must accept delivery of the goods when they
have been delivered in accordance with A4 and receive them
from the carrier at the named port of destination.
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A5 Transfer of risks
The seller must, subject to the provisions of B5, bear
all risks of loss of or damage to the goods until such time as
they have passed the ship's rail at the port of shipment.
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B5 Transfer of risks
The buyer must bear all risks of loss of or damage to the
goods from the time they have passed the ship's rail at the
port of shipment. The buyer must, should he fail to give
notice in accordance with B7, bear all risks of loss of or
damage to the goods from the agreed date or the expiry date of
the period fixed for shipment provided, however, that the
goods have been duly appropriated to the contract, that is to
say, clearly set aside or otherwise identified as the contract
goods. |
A6 Division of costs
The seller must, subject to the provisions of B6, pay •
all costs relating to the goods until such time as they have
been delivered in accordance with A4; and
• the freight and all other costs resulting from A3 a),
including the costs of loading the goods on board and any
charges for unloading at the agreed port of discharge which
were for the seller's account under the contract of carriage;
and
• where applicable, the costs of customs formalities
necessary for export as well as all duties, taxes and other
charges payable upon export, and for their transit through any
country if they were for the seller's account under the
contract of carriage. |
B6 Division of costs
The buyer must, subject to the provisions of A3 a), pay
• all costs relating to the goods from the time they have
been delivered in accordance with A4; and
• all costs and charges relating to the goods whilst in
transit until their arrival at the port of destination, unless
such costs and charges were for the seller's account under the
contract of carriage; and
• unloading costs including lighterage and wharfage
charges, unless such costs and charges were for the seller's
account under the contract of carriage; and • all additional
costs incurred if he fails to give notice in accordance with
B7, for the goods from the agreed date or the expiry date of
the period fixed for shipment, provided, however, that the
goods have been duly appropriated to the contract, that is to
say, clearly set aside or otherwise identified as the contract
goods; and
• where applicable, all duties, taxes and other charges
as well as the costs of carrying out customs formalities
payable upon import of the goods and, where necessary, for
their transit through any country unless included within the
cost of the contract of carriage. |
A7 Notice to the buyer
The seller must give the buyer sufficient notice that the
goods have been delivered in accordance with A4 as well as any
other notice required in order to allow the buyer to take
measures which are normally necessary to enable him to take
the goods. |
B7 Notice to the seller
The buyer must, whenever he is entitled to determine the
time for shipping the goods and/or the port of destination,
give the seller sufficient notice thereof. |
A8 Proof of delivery, transport document or equivalent
electronic message
The seller must at his own expense provide the buyer
without delay with the usual transport document for the agreed
port of destination.
This document (for example a negotiable bill of lading, a
non-negotiable sea waybill or an inland waterway document)
must cover the contract goods, be dated within the period
agreed for shipment, enable the buyer to claim the goods from
the carrier at the port of destination and, unless otherwise
agreed, enable the buyer to sell the goods in transit by the
transfer of the document to a subsequent buyer (the negotiable
bill of lading) or by notification to the carrier.
When such a transport document is issued in several
originals, a full set of originals must be presented to the
buyer.
Where the seller and the buyer have agreed to communicate
electronically, the document referred to in the preceding
paragraphs may be replaced by an equivalent electronic data
interchange (EDI) message. |
B8 Proof of delivery, transport document or equivalent
electronic message
The buyer must accept the transport document in
accordance with A8 if it is in conformity with the contract.
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A9 Checking - packaging - marking
The seller must pay the costs of those checking
operations (such as checking quality, measuring, weighing,
counting) which are necessary for the purpose of delivering
the goods in accordance with A4.
The seller must provide at his own expense
packaging (unless it is usual for the particular trade to ship
the goods of the contract description unpacked) which is
required for the transport of the goods arranged by him.
Packaging is to be marked appropriately. |
B9 Inspection of goods
The buyer must pay the costs of any pre-shipment
inspection except when such inspection is mandated by the
authorities of the country of export. |
A10 Other obligations
The seller must render the buyer at the latter's request,
risk and expense, every assistance in obtaining any documents
or equivalent electronic messages (other than those mentioned
in A8) issued or transmitted in the country of shipment and/or
of origin which the buyer may require for the import of the
goods and, where necessary, for their transit through any
country.
The seller must provide the buyer, upon request,
with the necessary information for procuring insurance.
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B10 Other obligations
The buyer must pay all costs and charges incurred in
obtaining the documents or equivalent electronic messages
mentioned in A10 and reimburse those incurred by the seller in
rendering his assistance in accordance therewith.
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