1. The Buyer shall pay the Seller the purchase price of the goods specified in Exhibit no. 1 to this Agreement (hereinafter referred to as the „Purchase Price“).
2. The Purchase Price shall be due upon the invoice issued and sent by the Seller not later than 10
(term for sending invoice, прописом (eng.)
) days from delivery and collection of Goods by the Buyer. The invoice shall be payable not later than due date for payment invoice
(due date for payment invoice, прописом (eng.)
) days from the issue of the invoice by Seller.
3. If the Buyer fails to pay the purchase price, the Seller shall have the right to default interest at the rate of 0,1 %
% of outstanding amount for each day of default without prejudice to any claims for damage pursuant to the Article 74 of the Convention.
1. The Seller shall be liable for any lack of conformity in Goods which exists at the time when the risk passes to the Buyer and which occurs within 24 months from the date of delivery of Goods by the Buyer’s carrier. The Seller declares that the Goods during a period of 24 months from the date of collection by the Buyer’s carrier will remain fit for the purposes for which the Goods would ordinarily be used or during this period will retain specified qualities (hereinafter referred to as the „Warranty Period“).
2. The Seller shall not be responsible for the defects arising out of the failure to follow operation instructions, for the defects caused by improper storage after the Goods were delivered or for the defects caused by circumstances that were beyond the reasonable control.
3. The Buyer shall, immediately upon delivery of the Goods by the carrier, duly examine the Goods and if the defects of Goods were apparent upon the collection of Goods, the Buyer shall promptly give notice on this to the Seller.
4. Should the Buyer discover any defects during the Warranty Period, the Buyer shall give written notice of the defect to the Seller and not later than within 15 days after such defect had been detected. In a written notice specifying the defects he shall have the following options:
- replace of defective Goods by delivery of non-defective Goods;
demand to- repair the defective Goods if the defects are repairable;
demand- appropriate Purchase Price reduction; or
to withdraw from the- Contract.
5. The Seller, upon receipt a notice from the Buyer stating the defect, promptly shall give a written statement and reply whether he accepts the claim for defects or not.
Exclusion of Liability
1. A party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could reasonably be expected to have taken the impediment into account at the time of the conclusion of the Contract or to have avoided or overcome it or its consequences. The exemption provided by this Article has effect for the period during which the impediment exists.
2. The non-performing party shall give prompt written notice to the other party of the reason for its failure to perform and the extent and duration of its inability to perform.