Примеры использования Risk passes на Английском языке и их переводы на Русский язык
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A Conformity determined as of time when risk passes to buyer.
A Risk passes on handing goods over to first carrier art. 671.
The parties' contract and articles 67- 70 set out rules for determining when the risk passes.
The general rule is that the risk passes from the time the contract of sale is concluded.
With the transfer of the purchased object to the person implementing the transport, the risk passes to the customer.
In general, the risk passes to the buyer when the seller hands over the goods to the specified carrier.
Article 68 provides rules for the time when risk passes if goods are sold while in transit.
In both cases, the risk passes to the buyer when the seller hands over the goods to the specified carrier.
If subsequent carriers are used for the carriage to the agreed destination, the risk passes when the goods have been delivered to the first carrier.
The risk passes to the customer as soon as the goods have been passed on to the forwarder and have left our warehousing.
Furthermore, even legal systems under which the risk passes with the transfer of ownership may permit the parties to agree otherwise.
Article 36(1) makes the seller liable"in accordance with the contract andthis Convention for any lack of conformity which exists at the time when the risk passes to the buyer.
In these cases, the risk passes when the buyer is aware that the goods are placed at its disposition and delivery is due.
If dispatch or acceptance is delayed for reasons for which WMW AG is not responsible, risk passes to the purchaser from the date of notification of readiness for dispatch or acceptance.
Moreover, the risk passes to the handover of the goods to a freight forwarder or carrier, at the latest, however, when leaving the warehouse to the buyer.
The basic principle of article 36(1),that the seller is liable for a lack of conformity that exists at the time risk passes to the buyer, has been affirmed in several decisions.
In case of delay in consignment the risk passes to the buyer from the day the goods are ready for dispatch, if the buyer is responsible for the cause of delay.
The court found that there was no inconsistency between the terms and the provisions of article 67(1)of the CISG, according to which the risk passes to the buyer when the goods are handed over to the first carrier.
The risk passes to the buyer once the shipment has been delivered to the carrier or if the shipment has left the warehouse of the seller in Essen/ Oldenburg, unless stated in otherwise in a written arrangement.
If the buyer fails to take over the goods, paragraph(1)provides that the risk passes when the goods have been placed at the buyer's disposal and the buyer's failure to take them over breaches the contract.
If the delivery of the shipment becomes impossible independent of negligence of the seller orif the shipment is delayed for reasons not attributable to the seller, the risk passes to the buyer with the notification of readiness for shipment.
If the equipment and materials are not checked at the time when the risk passes, and they are later found to be lost or damaged, it may be difficult to determine when the loss or damage occurred, and who is to bear the consequences of the loss or damage.
The seller is liable in accordance with the contract and with CISG for any lack of conformity which exists at the time when the risk passes to the buyer, even if the lack of conformity becomes apparent only after that time.
The principle of seller responsibility for defects existing before risk passes is reinforced by the final clause of article 36(1), which confirms the seller's liability"even though the lack of conformity becomes apparent only after the time risk passes to the buyer.
The court noted that article 36 CISG holds the seller liable for any lack of conformity of the goods which occurs after the time the risk passes to the buyer and which is due to a breach of any of the seller's obligations.
If the seller agreed to deliver goods"ex factory" then following termination the risk passes to the seller when the buyer hands over the goods to a carrier at the buyer's place of business.
To the extent possible, the contractor may wish to protect himselfby seeing to it that the risk does not pass to him under his contract with the subcontractor orsupplier at a time earlier than when the risk passes from him to the purchaser under the works contract.
Pursuant to article 36(1) CISG, the Federal Court stated that the lack of conformity is already given at the time when the risk passes to the buyer, even if the non-conformity became apparent only after the risk has passed, i.e. in cases of hidden defects.
The tribunal found that CISG article 36(1) was in accordance with the contract provisions,stating that the seller was liable for any lack of conformity which existed at the time when the risk passes to the buyer, even though the lack of conformity became apparent only later on.
One possibility would be to maintain the ordinary meaning of the CFR- and CIF-terms with respect to the allocation ofrisk between seller and buyer, namely that risk passes on shipment: this would mean that the buyer might have to assume the consequences of events having already occurred at the time when the contract of sale enters into force.