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CONTRACT Teacher : Lê Hồng Linh ( MA) Tel: 0903 978 552 Email : lehonglinh.ftu@gmail.com ThiNganHang.com ThiNganHang.com 1
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CHAPTER 1 NEGOTIATING DELIVERY 1. The five steps in negotiating delivery The problem How can the exporter be sure that all the necessary delivery provisions are in the contract? The principle The exporter and the buyer should negotiate delivery systematically, making all necessary decisions and discussing how they will solve any problems that may arise.ThiNganHang.com ThiNganHang.com 2
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CHAPTER 1 NEGOTIATING DELIVERY In more depth Certain questions arise when negotiating delivery: What is the date of delivery? Where the goods must be sent? Who pays for transportation? ThiNganHang.com ThiNganHang.com 3
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CHAPTER 1 NEGOTIATING DELIVERY In more depth Other questions are often overlooked. Negotiating terms of delivery means working systematically, making sure that all foreseeable problems are discussed and that approaches to solving such problems are agreed. ThiNganHang.com ThiNganHang.com 4
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CHAPTER 1 NEGOTIATING DELIVERY Five negotiating steps: Step 1: Timing: When must delivery take place? Discuss a delivery schedule: The date of dispatch from the factory; The date of loading onto ship; The date when goods should arrive; ThiNganHang.com ThiNganHang.com 5
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CHAPTER 1 NEGOTIATING DELIVERY The date of delivery: the key to many contract events, lying at the heart of sales contract. Although most negotiators fix this date, they often forget the “What-if?” What if the Seller is late in sending the goods? What if there is delay in loading the goods onto the ship? What if the ship arrives late? What if the delivery is late and there is noreasonable excuse what then?ThiNganHang.com ThiNganHang.com 6
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CHAPTER 1 NEGOTIATING DELIVERY Delay will cost the Buyer money: can the Buyer reclaim part of his losses from the Seller? And, if so, how much? If the contract provides no answers, then the answers are found in the applicable law. Accordingly, good negotiators regulate such matters in their agreement. ThiNganHang.com ThiNganHang.com 7
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CHAPTER 1 NEGOTIATING DELIVERY Step 2: Location: What is the place of delivery? The question of where delivery takes place is not as simple as it seems on the surface. Fair principle: “the exporter should have no liability for the good when they are beyond his control”, “Control and responsibility go together”. ThiNganHang.com ThiNganHang.com 8
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