OR Condition Subsequent

The Buyer shall obtain any required _________ export license and any required import license or any other governmental authorization, permit and satisfy all formalities as may berequired to carry out the terms of this Agreement in accordance with the law and regulations. [The Seller agrees to use reasonable efforts in assisting the Buyer in obtaining any such licenses or authorizations.] The Seller is not liable if any license or governmental authorization is delayed, denied, revoked, restricted or not renewed and the Buyer shall not be relieved thereby of its obligations to pay the Seller for the Purchased Goods and any other costs or charges which are the responsibility of the Buyer under this Agreement.

3.4 Delivery Terms — All deliveries of the Purchased Goods shall be [insert appropriate INCOTERM]. Unless otherwise provided in this Agreement, [INCOTERM] shall be construed in accordance with INCOTERMS 1990 of the International Chamber of Commerce. [If acting for Seller, you may want to insert the following:Partial deliveries shall be permitted.] Upon any delivery, title to the Purchased Goods, all risk of loss or damage to or delay of the Purchased Goods shall pass to the Buyer. [If acting for the Seller, you may want to insert the following:Delivery times are approximate and are dependent upon prompt receipt by the Seller of all material and information necessary to produce and/or supply within the scheduled time.] [If acting for the Buyer, you may want to insert the following:Shipment of the Purchased Goods shall commence no earlier than * and shall be completed no later than *. All of the provisions of this Agreement regarding the time within which the Seller must ship the Purchased Goods to the Buyer are of the essence, and a failure to strictly comply with the shipment schedule shall be considered a breach which impairs the value of the entire Agreement. If the Seller fails to meet the shipment schedule as to any shipment, the Buyer may, at its option and to addition to all other rights it may possess, cancel this Agreement, purchase elsewhere, and hold the Seller accountable for all additional costs or damages incurred. The acceptance of late or defective deliveries shall not be deemed a waiver by the Buyer of its right to cancel this Agreement, or to refuse to accept further deliveries. Prior to shipment, the Seller must obtain an inspection certificate from ____________ certifying that the Purchased Goods conform to contractual specifications and samples.]

3.5 Modification of Orders — The Purchased Goods shall not be modified or cancelled except upon the written agreement of both Parties. The materially agreed changes to the Purchased Goods shall be subject to the provisions of this Agreement whether or not the written agreement of modification so states.

3.6 Export Regulations — The Buyer shall supply to the Seller on a timely basis with all necessary information and documentation requested by the Seller in order to permit the Seller to export the Purchased Goods with respect to any sale or order solicited by the Buyer hereunder.

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<== попередня сторінка	\|	наступна сторінка ==>
Condition Precedent	\|	Article 4 Contract Price

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