Acceptance of goods damaged during transportation Sample Clauses

Acceptance of goods damaged during transportation. Shall the goods be damaged during the transportation, the Buyers shall at his own expense and risk: — effect the acceptance of the damaged, — inform the Seller of the damages in writing by fax (cable) immediately, — take all the necessary steps to prevent the further damaged and loss of the goods and transport facilities, — take picture of the damaged goods prior to unloading from the transportation facilities (picture should show the type of damage and the reason of the damage if possible), — in case of truck delivery of damaged goods, make the note in the shipment documents of the revealed damages during the transportation, provide for the signature of the transportation company representative on the shipment documents containing the note of the damages. In case the transportation company representative denies to supply the shipment documents with the note of the damage, the Buyer makes the following note himself. — in case of damaged goods carriage by rail, to sign with a carrier representative a carrier’s statement describing the damage. — forward the originals of the above listed documents to the Seller through courier service within 72 hours from the moment of acceptance of goods.

Acceptance of goods damaged during transportation. In case transport damage to the Goods is found, the Buyer shall make the following steps at his own expense and risk: - to make the acceptance of the damaged goods, - to immediately inform the Seller about the damages in written by fax/cable, - to take all the necessary steps to prevent further damage and loss of the goods and transport facilities, - to take pictures of the damaged goods prior to unloading (whenever possible, the picture should show the type of damage and the reason of the damage), - in case of truck delivery of damaged goods, to put the appropriate remarks in the transport documents/CMR, to get a signature of the transport company representative on these transport documents. In case the transport company representative refuses to sign the transport documents with the remark of the damage, the Buyer puts this remark by himself. - in case the damaged goods arrived by rail or by the Buyer’s transport, the Buyer, together with the railways representatives, shall make the commercial certificate about the damage during unloading the goods. In case it is impossible to make this certificate during unloading, it has to be issued within the next 24 (twenty four) hours. Should the carrier refuses to make this commercial certificate or this certificate is issued with mistakes, the consignee is obliged to inform the forwarder in written within 3 days. The letter signed by the railway authorities is to serve enough ground for confirmation of the fact that the railway authorities refused to put remarks in the transport document and, as a consequence, enough ground for the Seller to receive the Buyer’s claim for consideration. - to forward the originals of the above listed documents to the Seller by courier service within 72 (seventy two) hours from the moment of acceptance of the goods. SELLER BUYER “[•]” means that certain confidential material has been filed separately with the Securities and Exchange Commission.