5. DELIVERY AND ACCEPTANCE OF GOODS 5.1. The goods are considered as delivered by the Seller and
accepted by the Buyer preliminary: in respect of quantity -
according to Gross weight and the quantity of packages as
shown in the international transporting document (bill of
lading or CMR).
5.2. The Buyer has the right to inspect the quality and the
quantity of the Goods at the Seller’s warehouse before
shipping it to the Buyer. The Buyer has the right to engage
an independent examination board to inspect the conformity
of quality and quantity of Goods’ at the Seller’s warehouse
with terms stipulated in the Present Contract. The Seller
should assist the Buyer or authorized by the Buyer
individuals with the inspection which includes providing by
the Seller full access to the Seller’s warehouse at any time
during the working hours of the warehouse (if necessary the
photo and video shooting is carried out).
5.3. Acceptance of the Goods by quantity is carried out by
Buyer not later than 15 days after receiving the Goods
according to a packing list.
5.4. In case of discrepancy in quality is detected, the Buyer
informs the Seller and issues an independent examination
report of not accepted goods in conformity with current rules
and legislation of the Russian Federation, and with
participation of independent organization qualified to carry
out such examinations.
5.4.1. If during acceptance of the Goods quantity of defected
goods is 1 to 7% from total quantity of delivered batch, the
Seller may reimburse cost of the defected goods by reducing
the amount of final payment to be paid by the Seller for the
batch by this cost.
5.4.2. If the quantity of the defected goods exceeds 8% from
total quantity of the delivered batch, the Buyer has the right
to reject such batch of the Goods, in this case the Seller must
collect the Goods from the Buyer’s warehouse at Seller’s
own expense, repay the expenses levied by the Buyer due to
delivery of the Goods to the warehouse (transport fees,
customs clearance fees, etc.) and reimburse all the payments
for rejected batch of the Goods received from the Buyer.
5.5. Quantity of short-delivered goods due to the Seller’s
fault cannot be accepted by documents of next periods. The
Buyer has the right to refuse accepting the Goods shipped
overdue.
5.6. Actual weight (quantity) of the shipped Goods cannot
exceed numbers agreed upon by the Sides and shown in
specification more than 5%. Such exceeding cannot be
considered as reason for revision of the total cost of batch of
the Goods and further afterpayment to the Seller.