Common use of Takeover of the Goods by the Buyer Clause in Contracts

Takeover of the Goods by the Buyer. 9.1. The Buyer will take over the Goods from the Seller at the agreed place of delivery specified in respective Partial Contract. The Takeover of the Goods has to be confirmed in writing in form of a protocol of delivering and taking over the Goods, signed by authorized representatives of both Contracting Parties (hereinafter referred to also as the “Takeover Protocol“). The Takeover Protocol has to include at least (but not exclusively) the following essentials: business names and registered offices of both Contracting Parties, Buyer’s number of the Contract, name and identification of the delivered Goods (kind, dimensions, specification, total weight of ball valves and their serial numbers), list of all defects found at taking the Goods over by the Buyer, unambiguous declaration of the Buyer on taking the Goods over, date and place of delivery and taking over the Goods in accordance with the Contract and respective Partial Contract, names, positions and signatures of responsible persons and stamps of both Contracting Parties. The Seller shall elaborate the Takeover Protocol in two original counterparts, one of which shall possess each Contracting Party. For the purposes of value added tax, the date of delivery shall be the date of Goods delivery and takeover specified in the Takeover Protocol. 9.2. Also a proper delivery note can be considered a Takeover Protocol if includes the essentials agreed in paragraph 9.1 of this Article hereof. 9.3. The Buyer will take over the Goods in the place of their delivery only, if the Seller demonstrated unequivocally in appropriate Documentation compliance with all tests according to the Specifications, i.e. that the Goods possess the required properties specified in the TDC and meets requirements of the Buyer according to this Contract. 9.4. The Buyer has right to reject and not to take over the Goods: – that has been delivered to a place other than agreed place of delivery according to Attachment 1 hereof, and/or – that is not specified in delivered Takeover Protocol, and/or – at which the Seller has not demonstrated unequivocally that the Goods meet all tests according to the Specifications, i.e. the Goods which does not show the requirements specified in data sheet or TDC or it does not meet the requirements of the Buyer according to this Contract or respective Partial Contract, and/or – at which any damage was found during the takeover, which may result in change of properties thereof preventing their use or substantially limiting their use for the purpose according to this Contract or respective Partial Contract, and/or – to which the Documentation according to paragraph 5 of this Article hereof has not been delivered. 9.5. In case of rejecting the Goods by the Buyer according to paragraph 9.4 of this Article hereof, the Seller has not right for payment the price, any sanctions and claims for compensation of any damage thereof. 9.6. The Seller declares that, in time of delivery, is the owner of the Goods, is entitled to dispose the Goods and that the Goods are not encumbered by the rights of third parties.

Takeover of the Goods by the Buyer. 9.1Duly delivered Goods is considered the delivery of a ball valve in design and with accessories (i.e. including an actuators, if specified) in accordance with the Specifications (Attachments 1, 2, 3 and 4 hereof) to the place and in the time specified in Attachment 1 hereof along with the Documentation according to Article I, paragraph 3, letter b) of this Contract. The Buyer will take over the Goods from the Seller at the agreed place of delivery specified in respective Partial ContractAttachment 1 hereof. The Takeover of the Goods has to be confirmed in writing in form of a protocol of delivering and taking over the Goods, Goods signed by authorized representatives of both Contracting Parties (hereinafter referred to also as the “Takeover Protocol“). The Takeover Protocol has to must include at least (but not exclusively) the following essentials: business names and registered offices of both Contracting Parties, Buyer’s number of the Contract, name and identification of the delivered Goods (kind, dimensions, specification, total weight of ball valves and their serial numbers), list of all defects found at taking the Goods over by the Buyer, unambiguous declaration of the Buyer on taking the Goods over, date and place of delivery and taking over the Goods in accordance with the Contract and respective Partial Contract, names, positions and signatures of responsible persons and stamps of both Contracting Parties. The Seller shall elaborate the Takeover Protocol in two original counterparts, one of which shall possess each Contracting Party. For the purposes of value added tax, the date of delivery shall be the date of Goods delivery and takeover specified in the Takeover Protocol. 9.2. Also a proper delivery note can be considered a Takeover Protocol if includes the essentials agreed in paragraph 9.1 of this Article hereof. 9.3. The Buyer will take over the Goods in the place of their delivery only, if the Seller demonstrated unequivocally in appropriate Documentation compliance with all tests according to the Specifications, i.e. that the Goods possess the required properties specified in the TDC and meets requirements of the Buyer according to this Contract. 9.4. The Buyer has right to reject and not to take over the Goods: – that has been delivered to a place other than agreed place of delivery according to Attachment 1 hereof, and/or – that is not specified in delivered Takeover Protocol, and/or – at which the Seller has not demonstrated unequivocally that the Goods meet all tests according to the Specifications, i.e. the Goods which does not show the requirements specified in data sheet or TDC or it does not meet the requirements of the Buyer according to this Contract or respective Partial Contract, and/or – at which any damage was found during the takeover, which may result in change of properties thereof preventing their use or substantially limiting their use for the purpose according to this Contract or respective Partial Contract, and/or – to which the Documentation according to paragraph 5 of this Article hereof has not been delivered. 9.5. In case of rejecting the Goods by the Buyer according to paragraph 9.4 of this Article hereof, the Seller has not right for payment the price, any sanctions and claims for compensation of any damage thereof. 9.6. The Seller declares that, in time of delivery, is the owner of the Goods, is entitled to dispose the Goods and that the Goods are not encumbered by the rights of third parties.and/or

Takeover of the Goods by the Buyer. 9.1. The Buyer will take over the Goods from the Seller at the agreed place of delivery specified in respective Partial Contract. The Takeover of the Goods has to be confirmed in writing in form of a protocol of delivering and taking over the Goods, signed by authorized representatives of both Contracting Parties (hereinafter referred to also as the “Takeover Protocol“). The Takeover Protocol has to include at least (but not exclusively) the following essentials: business names and registered offices of both Contracting Parties, Buyer’s number of the Contract, name and identification of the delivered Goods (kind, dimensions, specification, total weight of ball valves and their serial numbers), list of all defects found at taking the Goods over by the Buyer, unambiguous declaration of the Buyer on taking the Goods over, date and place of delivery and taking over the Goods in accordance with the Contract and respective Partial Contract, names, positions and signatures of responsible persons and stamps of both Contracting Parties. The Seller shall elaborate the Takeover Protocol in two original counterparts, one of which shall possess each Contracting Party. For the purposes of value added tax, the date of delivery shall be the date of Goods delivery and takeover specified in the Takeover Protocol. 9.2. Also a proper delivery note can be considered a Takeover Protocol if includes the essentials agreed in paragraph 9.1 of this Article hereof. 9.3. The Buyer will take over the Goods in the place of their delivery only, if the Seller demonstrated unequivocally in appropriate Documentation compliance with all tests according to the Specifications, i.e. that the Goods possess the required properties specified in the TDC and meets requirements of the Buyer according to this Contract. 9.4. The Buyer has right to reject and not to take over the Goods: – that has been delivered to a place other than agreed place of delivery according to Attachment 1 hereof, and/or – that is not specified in delivered Takeover Protocol, and/or – at which the Seller has not demonstrated unequivocally that the Goods meet all tests according to the Specifications, i.e. the Goods which does not show the requirements specified in data sheet or TDC or it does not meet the requirements of the Buyer according to this Contract or respective Partial Contract, and/or – at which any damage was found during the takeover, which may result in change of properties thereof preventing their use or substantially limiting their use for the purpose according to this Contract or respective Partial Contract, and/or – to which the Documentation according to paragraph 5 of this Article hereof has not been delivered. 9.5. In case of rejecting the Goods by the Buyer according to paragraph 9.4 of this Article hereof, the Seller has not right for payment the price, any sanctions and claims for compensation of any damage thereof. 9.6. The Seller declares that, in time of delivery, is the owner of the Goods, is entitled to dispose the Goods and that the Goods are not encumbered by the rights of third parties. Of all the Seller’s rights and obligations arising from this Contract and/or related hereto, the economic entities acting on the Seller’s party (hereinafter referred to as the "Association Member") are entitled and bound jointly and severally (joint and several rights and joint and several obligations). The Buyer is entitled to request for the fulfilment of Seller’s obligations from any Association Member.

Takeover of the Goods by the Buyer. 9.1. Duly delivered Goods is considered the delivery of a ball valve in design and with accessories (i.e. including an actuators, if specified) in accordance with the Specifications (Attachments 1, 2, 3 and 4 hereof) to the place and in the time specified in Attachment 1 hereof along with the Documentation according to Article I, paragraph 3, letter b) of this Contract. 9.2. The Buyer will take over the Goods from the Seller at the agreed place of delivery specified in respective Partial ContractAttachment 1 hereof. The Takeover of the Goods has to be confirmed in writing in form of a protocol of delivering and taking over the Goods, Goods signed by authorized representatives of both Contracting Parties (hereinafter referred to also as the “Takeover Protocol“). The Takeover Protocol has to must include at least (but not exclusively) the following essentials: business names and registered offices of both Contracting Parties, Buyer’s number of the Contract, name and identification of the delivered Goods (kind, dimensions, specification, total weight of ball valves and their serial numbers), list of all defects found at taking the Goods over by the Buyer, unambiguous declaration of the Buyer on taking the Goods over, date and place of delivery and taking over the Goods in accordance with the Contract and respective Partial Contract, names, positions and signatures of responsible persons and stamps of both Contracting Parties. The Seller shall elaborate the Takeover Protocol in two original counterparts, one of which shall possess each Contracting Party. For the purposes of value added tax, the date of delivery shall be the date of Goods delivery and takeover specified in the Takeover Protocol. 9.29.3. Also a proper delivery note can be considered a Takeover Protocol if includes the essentials agreed in paragraph 9.1 of this Article hereof. 9.39.4. The Buyer will take over the Goods in the place of their delivery only, if the Seller demonstrated unequivocally in appropriate Documentation compliance with all tests according to the Specifications, i.e. that the Goods possess the required properties specified in the TDC and meets requirements of the Buyer according to this Contract. 9.49.5. The Buyer has right to reject and not to take over the Goods: – that has been delivered to a place other than agreed place of delivery according to Attachment 1 hereof, and/or – that is not specified in delivered Takeover Protocol, and/or – at which the Seller has not demonstrated unequivocally that the Goods meet all tests according to the Specifications, i.e. the Goods which does not show the requirements specified in data sheet or TDC or it does not meet the requirements of the Buyer according to this Contract or respective Partial Contract, and/or – at which any damage was found during the takeover, which may result in change of properties thereof preventing their use or substantially limiting their use for the purpose according to this Contract or respective Partial Contract, and/or – to which the Documentation according to paragraph 5 of this Article hereof has not been delivered. 9.5. In case of rejecting the Goods by the Buyer according to paragraph 9.4 of this Article hereof, the Seller has not right for payment the price, any sanctions and claims for compensation of any damage thereof. 9.6. The Seller declares that, in time of delivery, is the owner of the Goods, is entitled to dispose the Goods and that the Goods are not encumbered by the rights of third parties.and/or