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Buyer Responsibilities in Inspection and Delivery

This document provides explanatory notes for various clauses in a contract. Clause 2 discusses that inspection costs will be paid by the buyer to ensure integrity and control over the inspection process. Clause 3 specifies where quality information can be found and reiterates that inspection costs are the buyer's responsibility. Clause 5 discusses delivery to Cat Lai Port in Vietnam, which is suitable for machinery and allows for quick transportation. Clause 7 specifies that payment will be made via letter of credit through Saigon Commercial Joint Stock Bank, one of the banks with the lowest fees in Vietnam. Clause 14 indicates that in the event of a delay by the seller, the parties will negotiate whether the buyer can refuse the goods or the case will be decided in court.

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0% found this document useful (0 votes)
11 views3 pages

Buyer Responsibilities in Inspection and Delivery

This document provides explanatory notes for various clauses in a contract. Clause 2 discusses that inspection costs will be paid by the buyer to ensure integrity and control over the inspection process. Clause 3 specifies where quality information can be found and reiterates that inspection costs are the buyer's responsibility. Clause 5 discusses delivery to Cat Lai Port in Vietnam, which is suitable for machinery and allows for quick transportation. Clause 7 specifies that payment will be made via letter of credit through Saigon Commercial Joint Stock Bank, one of the banks with the lowest fees in Vietnam. Clause 14 indicates that in the event of a delay by the seller, the parties will negotiate whether the buyer can refuse the goods or the case will be decided in court.

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Thùy Trang
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EXPLANATORY NOTE

CLAUSE 2: QUANTITY

1. Inspection cost shall be at buyer’s account:


This is because to ensure the integrity of the inspection process and have the most control
over the process, the buyer will be the one who takes responsibility for the inspection by
paying the cost. Buyer can work directly with the trusted inspector and have the objective
determination towards the quality of goods as agreed between buyer and seller. This is also
to avoid the risk that if the seller takes full control of the inspection process, there can be
some mischief which can cause disadvantages to the buyer.

CLAUSE 3: QUALITY

1. Information about the specification of the products is based on the official website:
[Link]
[Link]
2. Inspection cost shall be at buyer’s account:

This is because to ensure the integrity of the inspection process and have the most control
over the process, the buyer will be the one who takes responsibility for the inspection by
paying the cost. Buyer can work directly with the trusted inspector and have the objective
determination towards the quality of goods as agreed between buyer and seller. This is also
to avoid the risk that if the seller takes full control of the inspection process, there can be
some mischief which can cause disadvantages to the buyer.

3. The test run needs 3 days to operate because:

- 1 day for the procedure at Cat Lai port (They claim that it only takes 1 day in total.
Source: [Link]
- 2 days for shipping the products to the place of use and the test run itself.
CLAUSE 5: DELIVERY

1. CIP Cat Lai Port:

Cat Lai Port is the biggest and most modern container port in Vietnam. With 12 meter-
water depth at berth,Cat Lai Port would be suitable for our Goods (Machinery). Moreover,
Cat Lai Port is linked to the National Highway No.1, the Inner and Outer Belt Highways,
HCM - Long Thanh - Dau Giay Highway via the Inter-province Highway 25 which allows
vehicles with loading capacity of up to 30 tons - which would make the transportation of
Goods quick and convenient. Besides, high capacity of 3,5 mil Teus per year as well as
modern IT terminal operation and management system contribute to the productive and
concise delivery process.

2. Time of delivery

It would refer to time when the Goods is transferred from the Seller to the Carrier on the
port of delivery.

3. Notice of delivery:

- Within 48 hours after the sailing date of the carrying vessel, shipment advice should
be notified to the Buyer in order to provide the Buyer the confirmation of shipment.
- Within 5 calendar days after the sailing date of the carrying vessel, one (01) set of
copied shipping documents should be notified to the Buyer in order to provide the
Buyer documents for preparation of import clearances in advance.

CLAUSE 6: PRICE

1. Price: 16,500 USD/unit


The price is fixed and provided by the Seller on the official website.
2. Buyer will be in charge and pay for unloading costs according to Incoterms 2020,
Publication 460 of the International Chamber of Commerce, Paris.
Clause 7: PAYMENT

1. Payment made in L/C As a trade finance tool, Letters of Credit are designed to
protect both exporters and importers. They can help you win business with new
clients in foreign markets. This means the exporter gets a guarantee of payment,
while offering the importer reasonable payment terms.
2. Saigon Commercial Joint Stock Bank (SCB) is the private bank with the largest total
assets, on the basis of voluntary consolidation of 3 banks: Saigon Commercial Joint
Stock Bank (SCB), De Nhat Commercial Joint Stock Bank (Fincombank), Vietnam
Tin Nghia Commercial Joint Stock Bank, Saigon Commercial Joint Stock Bank
(Consolidated Bank). Inheriting the inherent strengths of 3 banks including: total
asset size, network, technology and personnel. This is one of the banks with the
lowest service fees in Vietnam and professional operation in the field of
international payment.

CLAUSE 14: PENALTY


Both parties will agree to be forced to come to negotiation on the seriousness of the delay
caused by the Seller, there can be two cases:
- The Seller agrees to let the Buyer decide whether or not to refuse the goods,
depending on the severity of the delay anh how it affects the Buyer’s business.
- In case no final agreement is reached, the case will be heard under the governing
law (Article 418 Civil Code 2015)

Common questions

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Having a fixed price point in sales contracts provides certainty and transparency for both buyers and sellers. It enables budgeting and financial planning without concerns about price fluctuations, thereby reducing disputes related to cost. This clarity helps maintain trust and facilitates smoother business transactions .

It is essential for the seller to notify the buyer within certain time frames after the sailing date of the shipment to ensure the buyer has adequate time to prepare for import clearances in advance. Notification within 48 hours provides confirmation of shipment, and within 5 days, copied shipping documents prepare the buyer for any necessary logistical arrangements and legal import requirements .

Updated product information on official websites impacts buyer decision-making by providing accurate specifications, ensuring the buyer's expectations align with available products. This transparency is crucial for establishing realistic contract terms and preventing disputes over product quality, as buyers can make informed decisions based on the latest data .

The buyer might choose to reject goods if the delays significantly impact their business operations or contractual timelines, making the purchase no longer viable or relevant. Negotiation plays a critical role in such situations by allowing both parties to assess the severity of the delay and agree on an acceptable resolution or compensation. If negotiations fail, legal recourse based on the governing law might be necessary .

Cat Lai Port is strategically advantageous for deliveries due to its status as the biggest and most modern container port in Vietnam. It has a 12-meter water depth which accommodates large machinery, and it's well-connected to major highways, facilitating efficient transportation. The port's high capacity and state-of-the-art IT terminal operations also contribute to a productive and streamlined delivery process .

The consolidation of multiple banks into Saigon Commercial Joint Stock Bank (SCB) enhances its operations by increasing its total asset size and network. It combines the technological and personnel strengths of three banks, allowing for efficient operations and reduced service fees. This strategic consolidation makes it one of the prominent private banks offering professional international payment services in Vietnam .

The responsibility of inspection costs being at the buyer's account ensures that the buyer has more control over the inspection process. By paying for inspections, the buyer can work with a trusted inspector to objectively determine the quality of goods as agreed with the seller, thus minimizing risks of issues that could arise if the seller controlled inspections. This arrangement helps prevent potential conflicts of interest that might disadvantage the buyer .

The use of a Letter of Credit (L/C) in international trade provides a secure mechanism for both exporters and importers. It guarantees payment to the exporter, thus mitigating non-payment risks, while the importer benefits from agreed-upon payment terms. However, drawbacks include the time and cost involved in processing L/Cs, which may involve banking fees and could delay transactions .

Logistical challenges following delivery through major ports include handling large volumes, managing customs clearance, and ensuring timely transportation to the final destination. These challenges are managed by utilizing ports with high capacity and advanced IT systems, coordinating with transport networks, and efficient communication between sellers and buyers for timely submissions of required documents .

Under Incoterms 2020, buyers bearing the responsibility for unloading costs implies that buyers must factor these expenses into their budgets, influencing their overall cost assessments. This responsibility encourages buyers to negotiate favorable transport terms and requires them to have logistics strategies in place to manage these costs efficiently .

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