Управління зовнішньоекономічною діяльністю та специфіка проведення митного контролю продукції підприємства при експортно-імпортних операціях на підприємстві ЗАТ "Українська горілчана компанія Nemiroff"
Отчет по практике - Юриспруденция, право, государство
Другие отчеты по практике по предмету Юриспруденция, право, государство
a date, from which the BUYER is to provide a transport vehicle for the Goods shipment. The BUYER undertakes to provide the SELLER with full information, within necessary information for the Goods delivery, regarding a transport vehicle, which will be used for the Goods delivery, beforehand but at least 2 (two) working days prior to it. The BUYER, on his own and at his expense, ensures customs clearance, payment of all required taxes and duties, as well as receipt of necessary documents for the Goods import to the Territory in accordance with requirements of the legislation existing on the Territory.
3.4. Should it be required to mark the Goods by excise labels on the Territory, the BUYER is entitled to order marking from the SELLER and preliminarily provides the SELLER with necessary quantity of excise labels, having coordinated technical possibilities of marking the Goods consignment. Should the Parties have come to an agreement on this issue, the SELLER undertakes, at the BUYERs expense, to mark the Goods with excise labels provided by the BUYER. During marking the Goods with excise labels provided by the BUYER, a term of the Order performance is calculated from the moment of excise labels arrival and payment receipt in order, stipulated by item 4.1. hereof.
3.5. Should the Goods be marked with excise labels of the BUYER, it sends the SELLER, at least 1 day prior to the dispatch, a copy of a proforma-invoice with clear and full indication of total quantity, price, value and label series. The BUYER, beforehand but not later than a date of excise labels dispatch to the SELLERs address, provides his requirements regarding a way of gluing the Goods labels and, if necessary, indications regarding specificity of labels gluing as per series, capacity (in litres) and kind of alcoholic beverages.
3.6. The excise label, provided by the BUYER, is imported to the territory of Ukraine in the regime of temporary importation. Value of the excise label, during its return with the Goods or without them, remains the same.
3.7. Should the BUYER refuse the Order for the Goods delivery, the BUYER compensates a return of the excise label and all expenses borne by the SELLER on the basis of his invoice within 5 (five) calendar days from the moment of invoice receipt.
3.8. Should the excise label, provided by the BUYER, be damaged during production activity of the SELLER, the latter undertakes to return the damaged excise label to the BUYERs address. The damaged excise label is delivered by the SELLER to the BUYERs address together with the Goods delivery and is accompanied by the following documents:
- a proforma-invoice for dispatch of the excise label the original in quantity of 6 copies;
- the SELLERs report, confirming a fact of the excise label damage the original in the quantity of 2 copies;
3.9. Any change or cancellation of the Order by the BUYER is to be provided to the SELLER in writing not later than 5 (five) days from the moment of the Order placement.
3.10. If the BUYER changes or cancels the Order, being confirmed by the SELLER in order, stipulated by item 3.3. of this Contract, the BUYER is to compensate the SELLER expenses, associated with such Order and actually borne by the SELLER before receipt of notification of the Order cancellation. The BUYER will compensate the SELLER expenses borne by the latter and associated with the Goods production as per the cancelled Order, if the BUYER, while canceling the Order, fails to indicate the SELLER in writing that it assumes obligations to renew the cancelled Order within 30 (thirty) consequent calendar days from the moment of receipt of notification by the SELLER of the BUYERs cancellation of the Order.
4. CONDITIONS of PAYMENT
4.1. Condition of payment under this Contract is 100% prepayment by the BUYER of a value of the Goods.
4.2. The BUYER bears all expenses associated with transfer of money to the SELLERs bank account.
4.3. A date of payment is considered to be a date when money is fully entered into the SELLERs bank account as per a proforma-invoice (a commercial invoice), issued by the SELLER.
4.4. The BUYER undertakes to compensate the SELLER all additional expenses, if such arise, except for value of the Goods delivered in each specific case, according to written agreement of the Parties regarding delivery of the Goods to the point of delivery, in order, defined in item 3.1. of this Contract. Such expenses will be compensated simultaneously with payment of value of the Goods delivered under this Contract.
5. PACKING and MARKING
5.1. The SELLER is, at his expense, to pack and mark the Goods in accordance with standard packing and marking procedure of the SELLER. Packing, in which the Goods are delivered, are to comply with established standards or technical conditions and ensure safety of the Goods during transportation provided that cargo is duly handed.
5.2. Provided that the BUYER orders a change of such packing and/or marking procedures, the SELLER can introduce the required changes, and the BUYER is to compensate expenses, borne by the SELLER and associated with fulfillment of the BUYERs requirement regarding the change of packing and/or marking and exceeding expenses, which the SELLER might bear if keeping to his standard packing and/or marking procedure. A design of the Goods marking (label, back label or sticker) is additionally and in writing agreed by the Parties. The SELLER does not bear responsibility for delay in the Order performance, caused by the delay on the BUYERs part in coordination of marking.
6. QUALITY of the GOODS
6.1. Quality of the Goods delivered under this Contract shall be in full conformity with established standards and confirmed by certificates of quality issued by a Manufacturer and a certificate of conformity issued in the SELLERs country.
6.2. The SELLER guarantees that all the Goods delivered under this Contract shall correspond to all requirements in respect of quality raised to such kind of products in the SELLERs country, and in respect of design and packing to samples approved by the BUYER. The Goods will be suitable for their direct use during the entire term of their effective time provided that the BUYER keeps to requirements of standards regarding storage of this kind of the Goods, which have to be indicated in Appendices to this Contract.
6.3. The change of vodka colour and the capsicums in nastojka “Ukrainian Honey Pepper” is not considered as the Goods quality deterioration.
Deterioration of the Goods appearance during their transportation by a Carrier, after the Goods are transferred by the SELLER to the Carrier for their transportation to the BUYER, is not a ground for the SELLERS compensation of losses upon the Goods quality deterioration, except for cases, when deterioration of the Goods appearance during transportation was caused due to inappropriate packing for transportation of this kind of the Goods.
6.4. Consignment of the Goods delivered by the SELLER is to be marked with indication of a date and time of the Goods production.
7. ACCEPTANCE of the GOODS
7.1. The Goods are considered delivered by the SELLER and accepted by the BUYER in respect of quality according to information about quality, indicated in a certificate of quality issued by the Manufacturer, in respect of quantity according to information about quantity specified in shipping documents.
7.2. The SELLER is to provide the following documents together with the Goods:
- Commercial invoice 3 originals (with seal and signature of the SELLER),
- Packing list 3 originals (with seal and signature of the SELLER),
- Certificate of the Goods origin 1 original,
- Certificate of the Goods quality 1 original and 1 copy,
- Results of the State Sanitary-Epidemiologic Examination made in the SELLERs country 1 original of translation made by a Chamber of Commerce of the SELLERs country.
8. SANCTIONS and CLAIMS
8.1. Claims can be made in respect of quality of the Goods delivered during a guarantee period but within 20 (twenty) days from the moment of detection of discrepancy between the Goods quality and quality according to the established standards provided that the BUYER keeps to requirements of standards regarding conditions of the Goods storage.
8.2. Contents and a ground of the claim are to be confirmed by a Report signed by authorized representatives of both parties or by an authorized expert of a Chamber of Commerce of the BUYERs country. This Report is obligatory for both parties and is a ground for possible compensation of the BUYERS damages or recalculation of prices for the low-quality Goods. Services of an expert of a Chamber of Commerce of the BUYERs country are paid by the BUYER with further compensation by the SELLER (if the SELLERS guilt is proved).
8.3. Should the BUYER break demands of item 1.2. of this Contract regarding the Territory of the Goods sale, the BUYER is to pay penalty sanctions within 30 (thirty) calendar days from the moment of receipt of a corresponding claim from the SELLER. In this case, penalty sanctions are calculated in double rate of value of the Goods sold outside the Territory. At that, the SELLER is entitled to stop deliveries under this Contract untill the BUYER pays penalty sanctions. At the same time, the indicated circumstances do not release the BUYER from an obligation to effect timely payments for the Goods earlier delivered.
8.4. Should the Contract be not performed or performed improperly, the Parties bear responsibility for losses caused to the other Party in accordance with the legislation of the country of a respondent.
9. OBLIGATIONS o