Section XVIII. Default of shipping instructions
Art. 41
41.1 If the Buyer does not convey shipping instructions in accordance with the previous article and
the Seller does not wish the contract be declared null and void, the Seller must grant an extension of
time to the Buyer by telecommunication.
41.2 This extension of time shall not be less than:
- 3 days for "immediate shipment”
- 5 days for "prompt shipment"
- for longer term shipments, 10 days for trans-oceanic shipment: and 7 days for all other
shipments from the last date provided for in Article 40.
Art. 42
42.1 If shipping instructions arrive within the extension of time, the Seller shall not have the right to
claim for damages.
42.2 If the requested shipping instructions do not arrive within the extension of time, the Seller shall
have the right to cancel the contract and to claim for direct damages such as interest, costs of
warehousing and price difference.
42.3 The Seller shall inform the Buyer of his decision by telecommunication.
Art. 43
If a contract specifies "without delay" or "latest", or if a similar terminology stipulates that there is no
extension implied in the terms of the contract, the Seller is not obliged to grant an extension of time.
Section XIX
. Time frames for shipment
Art. 44
The Seller shall ship on receipt of shipping instructions from the Buyer or, if shipping instructions are
already provided for in the contract on receipt of the import permit, if relevant:
a) in the case of "immediate shipment":
- by rail or by road or by air, within 7 days;
- by ship, within 14 days;
b) in the case of "prompt shipment":
- by rail or by road or by air, within 14 days;
- by ship, within 28 days;
c) in the case of shipment before a "fixed date" or within a "predetermined period":
- on any day before the fixed date,
- or on any day within the limits of the pre-determined period;
d) in the case of shipment at "the option of the Buyer", after receipt of his instructions:
- by ship, within 28 days;
- for all the other cases, within 14 days.
