6.1. Save as provided in paragraph 7.6., the time at
which the risk shall pass be fixed in accordance with the
International Rules for the Interpretation of Trade
Terms (Incoterms) of the International Chamber of
Commerce in force at the date of the formation of the
Contract.
Where no indication is given in the Contract of the form of sale, the Plant shall be deemed to be sold «ex works».
6.2. In the case of a sale «ex works», the Vendor must
give notice in writing to the Purchaser of the date on which
the Purchaser must take delivery of the Plant. The notice
of the Vendor must be given in sufficient time to allow the
Purchaser to take such measures as are normally necessary
for the purpose of taking delivery.
Учебник коммерческого перевода. Английский язык
7. DELIVERY
7.1. Unless otherwise agreed, the delivery period shall
run from the latest of the following dates:
a) the date of the formation of the Contract as defined
in Clause 2;
b) the date on which the Vendor receives notice of the
issue of a valid import licence where such is necessary for
the execution of the Contract;
c) the date of the receipt by the Vendor of such pay
ment in advance of manufacture as is stipulated in the
Contract.
7.2. Should delay in delivery be caused by any of the
circumstances mentioned in Clause 10 or by an act or
omission of the Purchaser and whether such cause occur
before or after the time or extended time for delivery, there
shall be granted subject to the provisions of paragraph
5 hereof such extension of the delivery period as is reason
able having regard to all the circumstances of the case.
7.3. If a fixed time for delivery is provided for in the
Contract, and the Vendor fails to deliver within such time
or any extension thereof granted under paragraph 2 here
of, the Purchaser shall be entitled, on giving to the Vendor
within a reasonable time notice in writing, to claim a re
duction of the price payable under the Contract, unless it
can be reasonably concluded from the circumstances of
the particular case that the Purchaser has suffered no loss.
Such reduction shall equal the percentage named in para
graph A of the Appendix of that part of the price payable
under the Contract which is properly attributable to such
portion of the Plant as cannot in consequence of the said
failure be put to the use intended for each complete week
of delay commencing on the due date of delivery, but shall
not exceed the maximum percentage named in paragraph
В of the Appendix. Such reduction shall be allowed when
a payment becomes due on or after delivery. Save as pro-
С. А. Семко, В. В. Сдобников, С. Н. Чекунова
vided in paragraph 5 hereof, such reduction of price shall be to the exclusion of any other remedy of the Purchaser in respect of the \fendor's failure to deliver as aforesaid.
7.4. If the time for delivery mentioned in the Contract
is an estimate only, either party may after the expiration of
two thirds of such estimated time require the other party
in writing to agree a fixed time.
Where no time for delivery is mentioned in the Contract, this course shall be open to either party after the expiration of six months from the formation of the Contract.
If in either case the parties fail to agree, either party may have recourse to arbitration, in accordance with the provisions of Clause 13, to determine a reasonable time for delivery and the time so determined shall be deemed to be fixed time for delivery provided for in the Contract and paragraph 3 hereof shall apply accordingly.
7.5. If any portion of the Plant in respect of which the
Purchaser has become entitled to the maximum reduc
tion provided for by paragraph 3 hereof, or in respect of
which he would have been so entitled had he given the no
tice referred to therein, remains undelivered, the Purchas
er may by notice in writing to the Vendor require him to
deliver and by such last mentioned notice fix a final time
for delivery which shall be reasonable taking into account
such delay as has already occurred. If for any reason what
ever the Vendor fails within such time to do everything that
he must do to effect delivery, the Purchaser shall be enti
tled by notice in writing to the \endor, and without requir- j
ing the consent of any Court, to terminate the Contract in
respect of such portion of the Plant and thereupon to re
cover from the Vendor any loss suffered by the Purchaser
by reason of the failure of the Vendor as aforesaid up to an
amount not exceeding the sum named in paragraph С of
the Appendix or, if no sum be named, that part of the price
Учебник коммерческого перевода. Английский язык
payable under the Contract which is properly attributable to such portion of the Plant as could not in consequence of the Vendor's failure be put to use intended.
7.6. If the Purchaser fails to accept delivery on due date,
he shall nevertheless make any payment conditional on
delivery as if the Plant has been delivered. The Vendor shall
arrange for the storage of the Plant at the risk and cost of
the Purchaser. If required by the Purchaser, the Vendor
shall insure the Plant at the cost of the Purchaser. Provided
that the delay in accepting delivery is due to one of the
circumstances mentioned in Clause 10 and the "Vendor is
in a position to store it in his premises without prejudice to
his business, the cost of storing the Plant shall not be borne
by the Purchaser.
7.7. Unless the failure of the Purchaser is due to any of
the circumstances mentioned in Clause 10, the Vendor may
require the Purchaser by notice in writing to accept deliv
ery within a reasonable time.
- If the Purchaser fails for any reason whatever to do so within such time the Vendor shall be entitled by notice in writing to the Purchaser, and without requiring the consent of any Court, to determine the Contract in respect of such portion of the Plant as is by reason of the failure up to an amount not exceeding the sum named in paragraph D of the Appendix or, if no sum be named, that part of the price payable under the Contract which is properly attributable to such portion of the Plant.
