2.

TERMS AND CONDITIONS

2.7 Packing, marking

 Regulations on supply of packing:

 Popular method: the seller supplies the buyer with packing and commodities.

 The seller gives the buyer an advance of packing, but after taking delivery, the
buyer must give back the packing. (có đôi khi bao bì nó mắc thì người bán muốn
người mua phải trả lại thì phải quy định trong hợp đồng)

 The buyer provides the seller with packing.

 Methods to determine packing price:

 Be calculated as the commodity price.

 Gross = net + tare = gross weight for net.

 Packing charges are included in the commodity price.

 Packing charges are excluded in the commodity price.

 Marking:

- Marking is a symbol, a word line to instruct transportation and maintenance.

- Requirements of marking:

 Must be written by paint or colorfast ink.

 Easy to read and see.

 Must be 2cm or more than 2cm in size.

 Must not affect the commodity quality.

 Must be in black or violet for normal commodities, red for dangerous

commodities, orange for hazardous commodities (màu đen hoặc tím đối với hàng
hóa thông thường, màu đỏ đối với hàng hóa nguy hiểm, màu cam đối với hàng hóa
nguy hiểm). Marking surface must be smooth (bề mặt đánh dấu phải mịn)

 Must be in a specific order.

 Must be lined in at least two adjacent faces. (bắt buộc phải ghi 2 mặt liền kề)
 2.8 Warranty:

 Time of warranty: needs to be stipulated clearly.

 Contents of warranty: the seller undertakes to guarantee all quality standards,

specifications in accordance with the contract if the buyer follows all instructions on use
and maintenance of the seller. In the time of warranty, if the buyer finds any defects in
commodities, the seller must repair free of charge or replace another one.

2.11 Force majeure (bất khả kháng)

“Force majeure shall be understood to be unforeseeable and unavoidable event beyond

the control of both the contracting parties, which in fact, causes difficulties directly
preventing the performance of the contractual obligation.

Force majeure circumstances must be notified by cable by each party to the other within
7 days and confirmed by writing within 10 days from the cable together with a certificate
of Force majeure issued by the Chamber of Commerce concerned. Beyond this time
Force majeure circumstances shall not be taken into consideration.”

2.12 Claim (khiếu nại):

 Parties must regulate procedure to implement claim, time to claim, obligations of

parties and methods to adjust claim.

 Claim must be in written form and include: commodity name, quantity, origin of
commodity, basis for claim, requirements on adjusting claim

2.13 Arbitration (điều khoản trọng tài):

In this term, following contents must be included:

 Who is responsible for jurisdiction (National Court or Arbitrator) in case dispute

cannot be resolved amicably?

 Law applicable

 Place to execute arbitration.

 Division of arbitration fees