Contract For Sale Of Goods
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. VI. 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.
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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.
VII. Arbitration Clause All the disputes resulting from this agreement or in conjunction with it, will be decided finally in the arbitration procedure before one arbitrator or the Board composed of three arbitrators by the course of Proceeding Rules, registered in the list of arbitrators of Czech Arbitration Centre s. r. o. , ID 281 63 427, and appointed in accordance with Act No. 216/1994 coll. of Laws, on Arbitration Procedure and Execution of Arbitration Awards, and with the Proceeding Rules of Czech Arbitration Centre announced at it? websites www. arbitrators. cz. The parties hereby vest power in Czech Arbitration Centre to appoint arbitrator in accordance of Proceeding Rules, what the parties declare as a known and concider to be a part of this arbitration clause. The parties authorize the arbitrator or the Board to settle the dispute based on the principles of natural equity. Compensation for arbitration costs (including the expenses of the contractual parties) will be awarded by the arbitrator based on the principle of success in the dispute.
Jurisdiction of Court VIII. Final Provisions 1. This Contract shall enter into force and shall take effect on the day when it is executed. 2. The Contracting Parties hereby agree that entering into this Contract and performing duties under this Contract have been duly approved by the relevant company bodies of the Contracting Parties in a compliance with legal regulations, by-laws and other internal regulations of the Contracting Parties; and no other approval or consent shall be required. 3.
The Contracting Parties agrees to respect the legitimate interests of the other Party, shall conduct in accordance with the purpose of this Contract and shall not counteract such purpose and they shall perform all legal and other actions that may prove necessary to reach the purpose of this Contract. 4. All documents in writing shall be mailed at the address of the Contracting Parties set forth in the heading of this Contract unless either of the Contracting Parties shall give a written notice to the other Party on changing its address.
Whatever papers the delivery of which is required, assumed or is made available by this Contract and regardless of any other available way allowed by the legal regulations to prove such a delivery, shall be deemed to have been served if such had been delivered to the other Contracting Party at the address set forth in the heading of this Contract or at the address noticed in written form by either Contracting Party to the other Party. 5. Any changes and amendments to this Contract shall require a written form. . If any provision of this Contract is determined to be invalid or unenforceable, the validity or enforceability of the other provisions either of this Contract as neither a whole nor other provisions will be affected unless such an invalid or unenforceable provision is severable. Contracting Parties herby agrees to supersede such an invalid or unenforceable provision by a new valid and forceable provision that most closely matches the intent and the purpose of the original provision. 7.