Exercise 88. Translate into Ukrainian.

Default of one’s obligations; duly signed; liquidated damages; marine risk; natural disaster; non-conformity; non-fulfillment; null and void; parity commission; prohibition of export / import; to amount to; to be liable; to effect delivery; to effect payment; to the effect that; under the present contract.

Exercise 89. Insert the necessary prepositions or adverbs and translate into Ukrainian.

CONTRACT №

"XXX", … the person … Mr. XXX , acting … the ground … the Power .. Attorney … 25.03.2002, hereinafter referred … as the "Supplier", and “YYY”(Kharkov, Ukraine), … the person … Mr YYY , the Director, hereinafter referred … as the “Buyer”, hereinafter collectively referred … as the “Parties”, have concluded the present Contract as follows:

1. Subject … the Contract and Obligations … the Parties.

The Suppliershalldeliver Goods … this Contract. The sort and the list … Goods delivered are to be specified … Appendices … this Contract.

The delivery shall be effected … the address … the Buyer. The Buyer shall accept the goods and undertake obligations … settlements … the Supplier.

2. Quantity and Quality … Goods.

The goods delivered … this Contract have to be … full conformity with the standards accepted … each kind … goods … the country … goods producer, and it should not be … variance … every product quality standards, accepted … Ukraine.

Total quantity … delivered goods is to be agreed … … the Parties, and it is stated … Appendices being integral part … this Contract.

Total quantity … delivered goods is to be agreed … … the Parties, it is determined … giving or non-giving the next order … the Buyer. Total quantity … delivered goods is not limited and is added … … the quantities indicated … Invoice and/or Appendix … each delivery.

3. Terms ... Delivery.

The Buyer shall make … writing an order … the next delivery … indication … a desired loading date and delivery address. The Supplier shall send … fax pro-forma invoice where the loading date is confirmed.

The delivery … the goods shall be effected … the address … the Buyer which is indicated … an order, proforma-invoice and load-accompanying documents.

The delivery … the present Contract is to be effected … full conformity … the orders and Appendices … each delivery, … which necessary assortment, date and terms … the delivery are stated (according … INCOTERMS-2000).

… order to simplify procedure … final agreement conclusion between the Parties … freight deliveries … the Supplier, Invoices … each separate delivery … freights drawn … the Supplier … post or brought along … the freight … the address … the Buyer are to be authenticated … stamps … the Buyer itself, and will have equal force … the Appendices and Specifications … the present Contract. Invoices or Appendices … each delivery are an integral part … the Contract.

The shipment … goods … the Buyer is to be made not later than 10 (ten) working days … the loading date stipulated … the Parties. The date … the freights going … the interior customs and getting the interior customs documents … the country, from which the shipment is fulfilled, is considered to be the date … loading. The Supplier pays 0,3% fine … the order amount per every day … delay … case … late delivery.

The Supplier shall inform the Buyer or its corresponding branch … the shipment … sending CMR, Invoice and quality and origin certificate copies … fax … 48 hours … passing … the customs … the country … which the delivery is made.

If it is necessary the Supplier shall provide the Buyer … certificates … veterinary services, certificates … origin issued … Ukraine and other necessary documents. The originals … the documents go … the consignment.

4. Prices and Total Sum … Contract.

Prices … delivered goods are to be coordinated … the Parties. They are pointed … … Invoice and/or Appendix per each delivery.

The total sum … the Contract is added … from the sums … deliveries, indicated … Invoices and/or Appendices per each separate delivery.

The total sum … the Contract is not limited. It is defined … giving or non-giving the next order … the Buyer.

5. Terms ... Payment.

The payments have to be effected … the Buyer … the accounts indicated ... the Supplier ... Appendix and/or Invoice ... each delivery ... goods, or … the accounts indicated ... the Supplier additionally.

The Buyer sends ... fax the pay-document copies or another information ... the payment ... 48 hours ... the payment.

Amount, terms and currency ... payment also have to be pointed ... ... Appendix and/or Invoice ... goods delivery.

6. Package and Marking.

The goods have to be shipped ... export package corresponding … the type ... product and … the Supplier's country standard.

7. Claims.

If the Buyer finds a quality discrepancy ... the received production according … points 2 and 3 ... the present Contract and (or) quantity discrepancy … the quantity indicated ... the shipping specification, as well as ... case ... the product damage … the producer's fault confirmed ... an independent expert the Supplier will bind to promote to compensating … the Buyer all losses caused ... the producer's fault. ... these cases an appropriate certificate has to be made ... independent experts ... Ukrainian Chamber ... Commerce and Industry. The period ... drawing ... ... claims is to be effected ... 30 days ... the customs clearance and detection ... the products damage. The claims are to be sent ... fax and then are to be remitted ... mail ... 30 days. The deadline ... claims satisfaction is not more than 30 days ... their drawing ... .

8. Arbitration.

All the disputes and the differences arising ... connection ... the present Contract are to be settled as soon as possible ... means ... negotiations … the Parties.

If the partners can not come to the consent, the discord ... question has to be settled ... the Arbitration Court. The resolution ... the Arbitration Court is final and obligatory ... all the Parties, though it may be replaced ... mutual assent ... the Parties.

The Arbitration is to be carried ... ... accordance ... the rules ... “UNCITRAL” Arbitration ... force … the moment ... this Contract signing, excepting the cases when the above-said rules are ... contradiction ... the Arbitration provisions ... the present Contract.

Arbitration, including pronouncing ... a decision, is to take place ... the International Commercial Arbitration Court attached … the Chamber ... Industry and Commerce ... Ukraine ... Kiev according … the regiment.

9. Force Majeure.

Neither ... the Parties will be liable ... complete or partial non-execution ... its commitments if this non-execution is due … such circumstances as floods, fire, earthquake and other natural disasters, as well as war and military actions or unforeseen changes ... Ukrainian legislation, which will arise ... signing the Contract. If any ... the above-mentioned circumstances directly affected execution ... the commitments ... the term specified ... the Contract, this term will be extended ... a period equal … the time during which such circumstances exist.

The Party which cannot fulfill its commitments must immediately but not later than 10 days ... their beginning and cessation inform the other Parties ... writing ... the beginning, approximate duration and cessation ... the above circumstances.

The failure to notify or delayed notification forfeits the Parties to refer … any ... the above-mentioned circumstances as a reason ... relieving from responsibility ... non-execution ... the commitments.

Should the above-mentioned circumstances and their consequences continue to be ... force ... more than 2 months each Party will have the right to refuse from any further fulfillment ... the commitments ... the Contract.

10. Other Conditions

The present Contract has been signed ... two legally equal copies ... English and Russian (the Russian version is basic ... all the differences ... the explanation ... the text ... this Contract) and comes … force … the date ... signing. Copies ... documents received ... fax have equal legal validity ... originals. Term ... validity ... the Contract is not limited and is defined ... giving or non-giving the next order … the Buyer. If during 3 (three) months … December 31 ... current year any Party has not notified the other Parties ... writing ... its intention to annul this Contract, term ... validity ... this Contract is prolonged to the next year automatically. All the Supplements, Invoices and Appendices … the present Contract are its integral part.

11. Legal Addresses and Signatures ... the Parties.

Date: 2015-12-24; view: 1213