Примеры использования To accept delivery на Английском языке и их переводы на Русский язык
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Obligation to accept delivery.
As a general comment, a question was raised regarding the consequences for breach of the consignee's obligation to accept delivery under draft article 46.
Obligation to accept delivery.
The current text also did not take account of a situation where the consignee, contrary to draft article 45,chose not to take such effective control by refusing to accept delivery.
Article 45 Obligation to accept delivery.
The buyer refused to accept delivery of the oil and drew upon a letter of guarantee.
It was suggested that this latter point was important since the obligation to accept delivery under paragraph 10.1 was a mandatory provision.
It was suggested that the term"actively" should be deleted from the second bracketed text for the reason that passive behaviour might sometimes suffice to oblige the consignee to accept delivery of the goods.
After the liberation of Kuwait, KOC refused to accept delivery of the product unless its price was decreased.
It was suggested that paragraph 10.1 could look to additional sanctions on the consignee in situations where the consignee was in breach of its obligation to accept delivery, such as the termination of the contract.
As the defendant did not refuse to accept delivery of the goods, therefore it did not fail to meet the requirements of article 60(a) CISG.
The Working Group was reminded that it had last considered draft article 46 on the obligation to accept delivery at its eleventh session see A/CN.9/526, paras. 65 to 72.
A preference was expressed for the obligation to accept delivery not to be made dependent upon the exercise of any rights by the consignee, but rather that it be unconditional.
A drafting suggestion was made to change the phrase"is entitled" in draft paragraph 49(a) to"is required" in order to conform with the consignee's obligation to accept delivery pursuant to draft article 46.
Products will only be delivered if a person over 18 years and able to accept delivery is present at the delivery address at the time of delivery. .
A suggestion was made that the Working Group may wish to consider whether an addition should be made to subparagraph(a)to indicate the period within which the consignee was obliged to accept delivery.
In the case ofdelivery to such locations, the signature of any person authorized to accept delivery on behalf of the organization shall be accepted as proof of delivery. .
Draft article 45 was intended to address a specific problem for the carrier: that of the consignee who was well aware that the goods were being shipped andwho did not wish to accept delivery for a variety of reasons.
Other views were expressed that obligation of the consignee to accept delivery should be unconditional and that the bracketed text in the first sentence of draft article 46 should be deleted.
It was suggested that, for example, consistent with international sales law, if the consignee sampled the goods it would have exercised rights under the contract of carriage, andwould have the obligation to accept delivery from the carrier.
In addition, it was noted that the reference in draft article 46 was to the consignee's obligation to accept delivery of the goods at the time and location referred to in draft paragraph 11 4.
If the Purchaser fails to accept delivery at the time for delivery, he shall nevertheless pay any part of the purchase price which becomes due at the time for delivery, as if delivery had taken place at the time for delivery. .
It was observed that the second sentence of draft article 46 was intended to set out the standard of care and the liability of the carrier with respect to the goods left in its custody in caseof a breach of the consignee's obligation to accept delivery.
However, another view was expressed that the duty of the consignee to accept delivery should not depend on a transfer of rights, since it was a practical matter that should be regulated by the draft convention.
In support of deleting draft article 46 in its entirety, the view was expressed that since the draft convention already contained adequate rules regarding the right of control and the rights of the carrier in such circumstances,it would be better to delete draft article 46 than to leave any uncertainty regarding whether a breach of the consignee's obligation to accept delivery would trigger damages.
The Working Group proceeded to consider the two bracketed texts contained in draft article 44 which referred to the obligation to accept delivery of the goods by the consignee that either"exercises any of its rights under" or"has actively involved itself in" the contract of carriage.
In response, it was suggested that breach of the draft article 46 obligation to accept delivery fell into the category of general rights and liabilities of the shipper and the carrier that were not specifically addressed by the draft convention, and that the consequences of a breach would thus be left to national law.
In general, the aim of the legal regime in chapter 9 to provide legal solutions to a number of thorny questions was applauded. However, it was thought that certain difficult questions remained, such as:when did the consignee have an obligation to accept delivery; what was the carrier's remedy if the consignee was in breach of that obligation; and what steps were necessary on the part of the carrier to ensure that the goods were delivered to the proper person.
In response, it was said that the bracketed text was the appropriate condition to attach to the consignee's obligation to accept delivery because it was acknowledged that the obligation should extend to those who have both explicitly and implicitly accepted to be the consignee, but it was thought that the notion of"acceptance" was too narrow a condition to cover what was intended.
Draft article 45 raised a number of questions; it was not clear what the consignee must do in order to incur the obligation to accept delivery, whether a consignee that did not initially exercise its rights under the contract of carriage but later accepted delivery of the goods would be retroactively in breach of the draft article, and whether the carrier had any remedy in the event of a breach of the obligation.