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COMPARISON BETWEEN TWO AGREEMENTS, SUPPLY (SUPPLY (Prince includes till…
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3.3 DEBTOR
DELETED THE CLAUSE
Its Justified, but there can an option to fill in another Clause which safeguards both the Parties.
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SUPPLY CYCLE
SUGGESTED A CHANGE
Obliged to supply 10 kms in 15 Days after open a LC Channel. Port should be Tangshan jingtang only. AVIC is responsible for delivery. If LC is delayed shipment reaches Dammam Accordingly
CYCLE
Obliged to supply 10 kms in 30 days after rec. LC and next 10 kms in 35 days after B/L date of 1st shipment. Port is of two choices, deliver goods to Dammam. If Mowardeh does not open LC, extended auto, but if Mowardeh doesnt open LC within 5 days, AVIC can cancel the Agreement.
CLAIM
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CLAIM
SGS should verifty the standards and the cost of the testing should be paid by Al Mowaredah. Any Claim should be well within 2 years of Mill Test Certificate issued by SGS (Geneva based verification company). The claim should b with proper evidence. If notice not given Mowardeh looses all the rights of the Claim
PAYMENT METHOD
DELETED MOST OF IT
Date limitation of 20th November is taken out from this Clause along with most of the acceptance clause of banks from AVIC.
CLAIM
Al Mowardah to open LC on sight irrevocable accepted by AVIC at the value of 100%. of the contract with in 15 days before 20 November Documents required are B/L, Invoice, CoC.
SYSTEM
CHANGES
Provision in Saudi Arabia. If AVIC cannot deliver Al Mowardeh has the right to similar on the cost and risk of AVIC unless otherwise. The pipes must not be shipped on top of each other with ISO2531 K9 with mark on spigot side
PROVIS,DELIVERY
Provision of the Laws of Hong Kong. If AVIC fails to deliver Al Mowardeah has the right to supply at the cost and risk of AVIC unless Force Mejure or the because of Al Mowadah ISO 2531 c25 with mark on socket side
GOVERN. LAW
CHANGES
In case of dispute not settled amicably shall be reffered to ICC Paris reason being the master contract is with ICC Paris, as a export agent AVIC should adhere to the same rule. Another option is to opt for the Laws of England and nominate LCIA, London Courts of Arbitration, Dubai bench for consultation in case of dispute.
PROVIS,DELIVERY
Governed and construed in Accordance with the law of Hong Kong. In case of Arbitration is the same HKIAC
QTY & PRICES
CHANGES
DUCTILE IRON PIPES K9, 1200 mm, as per IS02531
CHART
DUCTILE IRON PIPES C20, 1200 mm, as per IS02531
SPECIFICATIONS
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CHART
C20, ISO2531, CMENT AS POER ISO 4179 CAOTED WITH ZINC 130/MG2 ACC/TO SO 8179 + BITUMEN MIN 70 MM) ACC/TO ISO BS3416
TITLE AND RISK
SUGGESTION
We have taken out the Clause as per Moward draft but as per Incoterms the risk shifts from one party to the other party. So this can be kept as per the laws.
PAYMENT
Titlle of risk goes from second AVIC to ALMOWARDAH when the payment is made and risk of loss as per incoterms
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FORCE MAJEURE
In the draft recieved by Al Ghonaim Law firm, this Clause has been taken out. If an know the reason it was?
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NON WAIVER
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This portion contains is related to non waiver which means such rights stand tall unless they are expressly acknowledged otherwise
DEFAULT
This Clause has been deleted by Al Mowardeh.If need be we can draft a more comprehensive default Clause which are in favour of Al Mowardeh.
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