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DCH HP NG IBC

Chap 1: Negotiating Delivery


Question:
1. Where is risk often passed from the exporter to the importer?
At point of delivery
2. What are modes of transportation?
- Sea transport
- Air transport
- Inland transport ( by road, by rail, by barge, by mail, or by mixture)
3. Trng cu 1
4. Where does transfer of ownership take place?
At any point between the signature of the contract and the final payment for the
goods
5. What are kinds of delay in delivery?
- excusable delay
- Non-excusable delay
6. What events does delivery date trigger?
- exporter fulfills duties under the contract
- payment may become due
- risk and title pass to the buyer.
7. Name types of insurance policy
- Floating policy
- Open cover
- Valued policy
- Unvalued policy
- Time policy
- Voyage Policy
8. Name some features of liquidated damage?
- The sum is fixed in advance with the agreement of the parties related.
- The sum is fair
- The objective is to compensate
- There is always a maximum for the sum
9. Name some features of penalties?
- The sum is fixed in advance with the agreement of the parties related.
- The sum is big
- The objective is to punish
- The sum is subject to the actual losses.
10. How to fix the delivery date in a contract?
To use a straightforward calendae date or a period of time.
11. When is a contract binding and effective?
After the date of coming to force.
12. What is the importance f a well-designed set off specifications?
It protects both the Buyer and the Seller: the Buyer is protected against inferior
products as he can reject any products that fail to meet specifications. The Seller
can protect his reputation and avoid cost.
E-V:
1. This agreement shall come into force after e$ecution by both parties on the date
of the last necessary approval by the competent authorities in the country of the
Seller and the Buyer.!f the contract has not come into force within ninety days of
e$ecution, it shall become null and void.

Tha thun ny s c hiu lc sau khi c thc hin bi c hai bn vo ngy ph


duyt cn thit cui cng ca c quan c thm quyn ti nc ngi bn v ngi
mua.
Nu hp ng khng c hiu lc trong vng chn mi ngy k t ngy thc hin, n
s tr nn v hiu.

2. If either party is prevented from or delayed in, performing any duty under this
Contract, then this party shall immediately notify the other party of the event, of
the duty affected, and of the expected duration of the event. If any force majeure
event prevents or delays performance of any duty under this Contract for more
than sixty days, then either party may on due notification to the other party
terminate this Contract.

Nu mt trong hai bn b ngn cn hay chm tr trong thc hin bt k ngha v


theo Hp ng ny, th bn ny s ngay lp tc thng bo cho bn kia v s kin,
cc ngha v b nh hng, v thi gian ko di d kin ca s kin. Nu bt k
s kin bt kh khng no ngn cn hoc tr hon vic thc hin cc ngha v no
theo Hp ng ny trong hn su mi ngy, th mt trong hai bn sau khi
thng bo cho bn khc c th chm dt Hp ng ny

3. If Buyer fails to give such shipment instructions within a reasonable time prior
to shipment, Seller may, at its sole discretion and for Buyers risk and account,
arrange for the vessel or the vessels space and make shipment of the goods
without prejudice and in addition to any other rights and remedies , Seller may
have under this contract or at law or otherwise.
4. The Buyer may, at the Buyers option inspect the goods prior to shipment. At
least <FIGURE> Days before the actual delivery date, the Seller shall give notice
to the BUYER, or to any agent nominated by the BUYER, that the Goods are
available for inspection. The SELLER shall permit access to the goods for the
purpose of inspection at a reasonable time agreed by the parties.
5. Nothing herein contained shall be construed as transferring any patent
trademark, utility model, design, copyright or any other intellectual property
rights in the Goods, all such rights being expressly reserved to the true and
lawful owners thereof.
6. The failure of SELLER at any time to require full performance by BUYER of the
terms hereof shall not effect the right of the seller to enforce the same . The
waiver by Seller of any succeeding breach of such provision or waive of the
provision itself.
7. In the event of late Delivery for reasons other than force majeure as defined in
Clause 17 below, the SELLER shall pay as liquidated damage and not as a penalty
the sum of 5% of the value of the undelivered part per Day of late delivery up to
maximum of 10% of the Contract Price.
8. Payment of liquidated damages shall be due without the BUYER having to
furnish proof of any loss, damage or injury. Payment of liquidated damages shall
constitute full and complete satisfaction of any claim of the BUYER against the
SELLER arising from or in connection with late Delivery of any goods.
9. This contract shall not come into force under clause 16 below until the seller has
received advice that Letter of Credit has been opened in his favor and has
ascertained that terms are in accordance with those agreed between by the
Parties and the Letter of Credit as issued shall be notified ny the SELLER to the
BUYER immediately.
10. If a material discrepancy in quantity exists and is duly notified to the SELLER,
the BUYER at his discretion and subject to Clause 8.2 above may either:
a. Accept the delivered portion of the Goods and require the SELLER to deliver
the remaining portion forthwith; or
b. Accept delivered portion of the Goods and terminate the remaining portion
of the Contract upon due notice given to the SELLER.
V-E
1.
Chap 2:
Question:
1.