DRAWINGS AND DESCRIPTIVE DOCUMENTS

3.1. The weights, dimensions, capacities, prices, per­formance ratings and other data included in catalogues, prospectuses, circulars, advertisements, illustrated mat­ter and price lists constitute an approximate guide. These

С. А. Семко, В. В. Сдобников, С. Н. Чекунова

data shall not be binding save to the extent that they are by reference expressly included in the Contract.

3.2. Any drawings or technical documents intended for
use in the construction of the Plant or of part thereof and
submitted to the Purchaser prior or subsequent to the for­
mation of the Contract remain the exclusive property of
the \fendor. They may not, without the Vendor's consent,
be utilised by the Purchaser or copied, reproduced, trans­
mitted or communicated to a third party. Provided, how­
ever, that the said plans and documents shall be the prop­
erty of the Purchaser:

a) if it is expressly so agreed, or

b) if they are referable to a separate preliminary Devel­
opment Contract on which no actual construction was to
be performed and in which the property of the Vendor in
the said plans and documents was not reserved.

 

3.3. Any drawings or technical documents intended for
use in the construction of the Plant or of part thereof and
submitted to the Vendor by the Purchaser prior or subse­
quent to the formation of the Contract remain the exclu­
sive property of the Purchaser. They may not, without his
consent, be utilised by the \fendor or copied, reproduced,
transmitted or communicated to a third party.

3.4. The Vendor shall, if required by the Purchaser,
furnish free of charge to the Purchaser at the commence­
ment of the Guarantee Period, as defined in Clause 9,
information and drawings other than manufacturing
drawings of the Plant in sufficient detail to enable the
Purchaser to carry out the erection, commissioning, op­
eration and maintenance (including running repairs) of
all parts of the Plant. Such information and drawings shall
be the property of the Purchaser and the restrictions on
their use set out in paragraph 2 hereof shall not apply
thereto. Provided that if the Vendor so stipulates, they
shall remain confidential.

Учебник коммерческого перевода. Английский язык

PACKING

4.1. Unless otherwise specified:

a) prices shown in price lists and catalogues shall be
deemed to apply to unpacked Plant;

b) prices quoted in tenders and in the Contract shall
include the cost of packing or protection required under
normal transport conditions to prevent damage to or de­
terioration of the Plant before it reaches its destination as
stated in the Contract.

5. INSPECTION AND TESTS
Inspection

5.1. If expressly agreed in the Contract, the Purchaser
shall be entitled to have the quality of the materials used
and the parts of the Plant, both during manufacture and
when completed, inspected and checked by his author­
ised representatives. Such inspection and checking shall
be carried out at the place of manufacture during normal
working hours after agreement with the \fendor as to date
and time.

5.2. If as a result of such inspection and checking the
Purchaser shall be of the opinion that any materials or parts
are defective or not in accordance with the Contract, he
shall state in writing his objections and the reason there­
fore.

Tests

5.3. Acceptance tests will be carried out and, unless
otherwise agreed, will be made at the Vendor's works and
during normal working hours. If the technical requirements
of the tests are not specified in the Contract, the tests will
be carried out in accordance with the general practice ob­
taining in the appropriate branch of the industry in the
country where the Plant is manufactured.

 

² Зак. 5274

С. А. Семко, В. В. Сдобников, С. Н. Чекунова

5.4. The Vendor shall give to the Purchaser sufficient
notice of the tests to permit the Purchaser's representa­
tives to attend. If the Purchaser is not represented at the
tests, the tests report shall be communicated by the Ven­
dor to the Purchaser and shall be accepted as accurate by
the Purchaser.

5.5. If on any test (other than a test on site, where
tests on site are provided for in the Contract) the Plant
shall be found to be defective or not in accordance with
the Contract, the Vendor shall with all speed make good
the defect or ensure that the Plant complies with the Con­
tract. Thereafter, if the Purchaser so requires, the test
shall be repeated.

5.6. Unless otherwise agreed, the Vendor shall bear
all the expenses of tests carried out in his works, except
the personal expenses of the Purchaser's representatives.

5.7. If the Contract provides for tests on site, the terms
and conditions governing such tests shall be such as may be
specially agreed between the parties.