9.1. Subject as hereinafter set out, the \fendor under
takes to remedy any defect resulting from faulty design,
materials or workmanship.
9.2. This liability is limited to the defects which appear
during the period hereinafter called «the Guarantee Peri
od») specified in paragraph G of the Appendix.
9.3. In fixing this period due account has been taken of
the time nonnally required for transport as contemplated
in the Contract.
9.4. In respect of such parts (whether of the "Vendor's
own manufacture or not) of the Plant as are expressly men
tioned in the Contract, the Guarantee Period shall be such
other period (if any) as is specified in respect of each of
such parts.
9.5! The Guarantee Period shall start from the date on which the Purchaser receives notification in writing from the Vendor that the Plant is ready for dispatch. If dispatch is delayed, the Guarantee Period shall be extended by a period equivalent to the amount of the delay so as to permit the Purchaser the full benefit of the time given for trying out the Plant. Provided however that if such delay is due to a cause beyond the control of the Vendor such extension shall not exceed the number of months stated in paragraph H of the Appendix.
9.6. The daily use of the Plant and the amount by which
the Guarantee Period shall be reduced if the Plant is used
more intensively are stated in paragraph I of the Appendix.
9.7. A fresh Guarantee Period equal to that stated in
paragraph G of the Appendix shall apply, under the same
terms and conditions as those applicable to the original
Plant, to parts supplied in replacement of defective parts
or to parts renewed in pursuance of this Clause. This provi
sion shall not apply to the remaining parts of the Plant, the
Guarantee Period of which shall be extended only by a
С. А. Семко, В. В. Сдобников, С. Н. Чекунова
period equal to the period during which the Plant is out of action as a result of a defect covered by this Clause.
9.8. In order to be able to avail himself of his rights
under this Clause the Purchaser shall notify the Vendor in
writing without delay of any defects that have appeared
and shall give him every opportunity of inspecting and rem
edying them.
9.9. On receipt of such notification the Vendor shall
remedy the defect forthwith and, save as mentioned in
paragraph 10 hereof, at his own expense. Save where the
nature of the defect is such that it is appropriate to effect
repairs on site, the Purchaser shall return to the Vendor
any part in which a defect covered by this Clause has ap
peared, for repair or replacement by the Vendor, and in
such case the delivery to the Purchaser of such part prop
erly repaired or a part in replacement thereof shall be
deemed to be a fulfilment by the Vendor of his obligations
under this paragraph in respect of such defective part.
9.10. Unless otherwise agreed, the Purchaser shall bear
the cost and risk of transport of defective parts and of re
paired parts or parts supplied in replacement of such de
fective parts between the place where the Plant is situated
and one of the following points:
1) the Vendor's works if the Contract is «ex works»
orF. O. R.;
2) the port from which the Vendor dispatched the Plant
if the Contract is К О. В., F. A. S., C. I. F. or C.& E;
3) in all other cases the frontier of the country from
which the Vendor dispatched the Plant.
9.11.Where, in pursuance of paragraph 9 hereof, repairs
are required to be effected on site, the conditions covering
the attendance of the Vendor's representatives on site shall
be such as may be specially agreed between the parties.
9.12.Defective parts replaced in accordance with this
Clause shall be placed at the disposal of the Vendor.
Учебник коммерческого перевода. Английский язык
9.13. If the Vendor refuses to fulfil his obligations un
der this Clause or fails to proceed with due diligence after
being required so to do, the Purchaser may proceed to do
the necessary work at the \fendor's risk and expense, pro
vided that he does so in the reasonable manner.
9.14. The \fendor's liability does not apply to defects
arising out of materials provided, or out of a design stipu
lated, by the Purchaser.
9.15. The Vendor's liability shall apply only to defects
that appear under the conditions of operation provided
for by the Contract and under proper use. It does not cover
defects due to causes arising after the risk in the Plant has
passed in accordance with Clause 6. In particular it does
not cover defects arising from the Purchaser's faulty main
tenance or erection, or from alterations carried out with
out the "Vendor's consent in writing, or from repairs carried
out improperly by the Purchaser, nor does it cover normal
deterioration.
9.16. Save as in this Clause expressed, the Vendor
shall be under no liability in respect of defects after the
risk in the Plant has passed in accordance with Clause 6,
even if such defects are due to causes existing before the
risk so passed. It is expressly agreed that the Purchaser
shall have no claim in respect of personal injury or of
damage to property not the subject matter of the Con
tract or of loss of profit unless it is shown from the cir
cumstances of the case that the Vendor has been guilty
of gross misconduct.
9.17. «Gross misconduct» does not comprise any and
every lack of proper care or skill, but means an act or omis
sion on the part of the Vendor implying either a failure to
pay due regard to serious consequences which a conscien
tious Contractor would normally foresee as likely to en
sure, or a deliberate disregard of any consequences of such
act or omission.
С. А. Семко, В. В. Сдобников, С. Н. Чекунова
10. RELIEFS
10.1. The following shall be considered as cases of re
lief if they intervene after the formation of the Contract
and impede its performance: industrial disputes and any
other circumstances (e. g. fire, mobilization, requisition,
embargo, currency restrictions, insurrection, shortage of
transport, general shortage of materials and restrictions in
the use of power) when such other circumstances are be
yond the control of the parties.
10.2. The party wishing to claim relief by reason of any
of the said circumstances shall notify the other party in
writing without delay on the intervention and on the cessa
tion thereof.
10.3. The effects of the said circumstances, so far as they
affect the timely performance of their obligations by the
parties, are defined in Clauses 7 and 8. Save as provided in
paragraphs 7.5., 7.7. and 8.7., if, by reason of any of the said
circumstances, the performance of the Contract within a
reasonable time becomes impossible, either party shall be
entitled to terminate the Contract by notice in writing to
the other party without requiring the consent of any Court.
10.4. If the Contract is terminated in accordance with
paragraph 3 hereof, the division of the expenses incurred
in respect of the Contract shall be determined by agree
ment between the parties.
10.5. In default of agreement it shall be determined by
the arbitrator which party has been prevented from per
forming his obligations and that party shall bear the whole
of the said expenses. Where the Purchaser is required to
bear the whole of the expenses and has before the termi
nation of the Contract paid to the Vendor more than the
amount of the Vendor's expenses, the Purchaser shall be
entitled to recover the excess.
If the arbitrator determines that both parties have been prevented from performing their obligations, he shall ap-
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portion the said expenses between the parties in such manner as to him seems fair and reasonable, having regard to all the circumstances of the case.
10.6. For the purposes of this Clause «expenses» means actual out-of-pocket expenses reasonably incurred, after both parties shall have mitigated their losses as far as possible. Provided that as respects Plant delivered to the Purchaser the Vendor's expenses shall be deemed to be that part of the price payable under the Contract which is properly attributable thereto.
