Text 6
6.5.2.
natural disasters
raw materials
under the Contract
to fulfil its obligations
force majeure circumstances
to replace the faulty equipment
beyond the control
6.5.3.
1. If the defects cannot be eliminated, the Buyer has the right to reject the defective equipment.
2. The equipment has been manufactured in full conformity with the conditions of the Contract.
3. The Company shall not be liable for any failure in the performance of any of its obligations under the Contract caused by factors outside its control.
4. The goods do not conform to the specification of the Contract.
5. All the transport charges and other expenses connected with the return or/and replacement of the defective equipment are to be borne by the Seller.
Text 7
7.3.
1. F; 2. F; 3. T; 4. T; 5. F; 6. T.
7.4.
If your contract doesn't have an (1) arbitration clause, and a dispute arises you will most likely end up in Court. That means time, expense, legal fees and, in most cases, a result which is less than satisfactory. Arbitration offers an excellent alternative to resolving (2) disputes in Court.
In arbitration, the (3) parties refer the dispute to one or more persons (the (4) arbitrator) by whose decision (the (5) award) they agree to be bound. It is a process in which the arbitrator reviews the evidence in the case and reaches a decision that is legally (6) binding and enforceable on both parties.
Arbitration can either be (7) voluntary or (8) mandatory. (9) Voluntary arbitration is where the parties mutually agree after a dispute has arisen to submit it to arbitration. At that point, this option is only available if both parties agree. (10) Mandatory arbitration arises from a written agreement where the parties agree to submit all future disputes to arbitration without necessarily knowing what disputes, if any, will ever occur. This arbitration (11) “clause” is contained in the parties’ written contract.
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