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2.1. The Seller shall:
2.1.1. Supply the Goods to the Purchaser under the terms, stated in Contract and in accordance with the terms of Incoterms 2010 Regulations, if a corresponding term is stipulated for in the Purchase Contract, in accordance with the quantity, assortment, quality, prices, terms of payment and supply, as stated in the Purchase Contract.
2.1.2. Provide with the Goods a set of supporting documents, specified in Purchase Contrac.
2.1.3. Execute accepted under the Contract obligations for timely and due supply of the Goods, which quality, assortment, completeness and origin correspond to the requirements, specified in the Purchase Contract.
2.1.4. Do not transfer the rights and obligations under the Contract to the third party and/or do not change the Goods without written consent of the Purchaser.
3.1. The Parties shall be responsible for non-execution or undue execution of their obligations under the Contract in accordance with the Republic of Kazakhstan legislation and provisions of the Contract.
3.2. In case of non-supply or delay in supply of the Goods or any of its parts or details in accordance with the Contract, the Seller shall pay a penalty at the rate of 0,5% of total cost of the Contract for each day of delay until the moment of delivery and handover to the Purchaser as specified in the Contract but not more than 10 (ten) % of total cost of the Contract.
3.5. In case of infringement of the payment terms, stated in the Purchase Contract, the Purchaser shall pay a penalty at the rate of 0,1% from the amount of the delayed payment for every day of delay until full elimination of the debt but not more than 10 (ten) % from the delayed amount.
3.6. In case of short-delivery of the approved consignment of the Goods, Purchaser has right to refuse from the whole consignment or from short-delivered part of the Goods and impose upon the Seller penalties stipulated by cl. 3.3. of the Contract. 4.4. At any time and at regular intervals the Purchaser has a right to deduct any or the whole sum payable by the Seller to the Purchaser under the present Contract or any other agreements between the Purchaser and the Seller, from any sum payable by the Purchaser to the Seller under the present Contract or any other agreements between the Purchaser and Seller, 5.4. Shuld any defects or incompleteness of the Goods occurred through the Seller’s fault is detected during transfer-acceptance of the Goods, the Purchaser in the presence of the Seller’s representative shall draw up a commercial act that shall be the basis for provision of any claim regarding the defects, short delivery, incompleteness, or non-conformity to the quality of the Goods. 7.2. Guarantee of the Supplier shall not be spread on the case of normal wear of the Goods as well as on cases of damages due to non-observance by the Purchaser of Seller’s technical instructions and recommendations concerning storage of the Goods, its installation, operation and maintenance, as well as a result of improper or wrong execution of work on elimination of defects by the Purchaser carried out without agreement with the Seller. 10.1. Neither Party shall bear the responsibility for non execution or delay in the execution of any obligation under the Contract (Purchase Contract) if it is caused by the circumstances that are beyond control of the Party that has not executed its obligations including but not limited to natural disasters, fire, war, strikes and war actions, social commotions, embargo, or other actions that are beyond the Parties control (hereinafter referred to as “Force - Majeure) , for a period that starts from the date stated in notification about the start and finish or estimated date of the Force-Majeure finish sent by the Party that has not executed its obligations subject to the Party that has not executed its obligations shall take all reasonable measures to overcome the Force-Majeure. 11.2. Seller shall be held responsible for fidelity of information specified by it in accordance with this Section.
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