Words and word combinations

ROLE PLAY 1

EXCESS NOISE

Problem

During the guarantee period an excess noise level was found in the device.

At a face-to-face meeting with the Buyer the manufacturer promised to deliver special equipment to cut down the noise.

A project of sound-proof cover was designed but unfortunate­ly not commissioned to service.

Since the Seller didn't maintain his pledge the Buyer claimed a penalty for delay in delivery.

Nonetheless the Surveyor's Report stated that despite the defect the equipment was in its running order and unstoppable.

Words and word combinations

Encl. Clause of the Contract on guarantee

GUARANTEE

1. The Sellers guarantee:

(a) that the equipment supplied corresponds to the highest achievements of the world techniques for the given type of equipment;

(b) high quality of the materials being used for the manu­facture of the equipment (spare parts), first rate workmanship and high quality of the technical performance and assembly.

(c) that the equipment supplied (spare parts) is manufactu­red in full conformity with the conditions of the present Contract.

(d) completeness of the delivered equipment in accordance with the conditions of the Contract.

2. The guarantee period of the normal operation of the equipment is to be ___ months from the date of putting the equipment into operation, but not more thanmonths from the time of its delivery.

3. If during the guarantee period the equipment proves to be defective or not in conformity with the terms and conditions of the Contract, the Sellers undertake immediately, at the Buyers' request, to eliminate free of charge the detected defects by me­ans of repairing or replacing the defective parts of the equip­ment with the new ones.

In this case the Sellers should pay the agreed and liquidated damages in accordance with the Contracts' terms at the rates stipulated in Clause 3 of the contract starting from the date of the claim and up to the date when the defects have been elimi­nated or the new equipment has been supplied.

However the amount of the penalty should not exceed 10% of the contractual price of the equipment.

4. The defective equipment will be sent back to the Sellers at their request and for their account within the dates agreed by the parties.

5. All transport expenses, insurance and other expenses, con­nected with return or replacement of the defective goods on the territory of the Buyers' country and of a transit country as well as on the Sellers' territory are to be borne by the Sellers.

6. The above-said guarantee period in regard to the repaired equipment or newly supplied equipment will start again from the moment of putting it into operation.

7. If the Sellers fail to eliminate the claimed defects at the Buyers' request immediately or within 30 days after the date of the claim, the Buyers will have the right to eliminate the defects on their own account, the Sellers being charged with the normal actual expenses.

Small defects, the elimination of which is urgent and does not require the presence of the Sellers, will be repaired by the Buyers charging the Sellers with the normal actual expenses.

8. If, while considering the claim or eliminating the defect, itwill be stated that the defect cannot be eliminated or the replacement of the goods cannot be done within the dates acceptable to the Buyers but the goods may be used by the Buyers without the elimination of the defect, the claim may be settled at the request of either party by means of downward revision of the price of the equipment within the rates agreed by the parties.

In case of impossibility for the Buyers to use the supplied equipment the Buyers will have the right to cancel the Contract in part of the said equipment or in whole.

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