85/206/EWG: Entscheidung der Kommission vom 19. Dezember 1984 betreffend ein Verfahren nach Artikel 85 des EWG- Vertrags (IV/26.870 - Aluminiumeinfuhren aus Osteuropa) (Nur der deutsche, englische, französische, italienische und niederländische Text sind verbindlich)

Durchsuchbarer Text in vereinfachter Darstellung. Tabellen, Abbildungen und verbindliche Gestaltung bitte anhand der Originaldateien prüfen.

portable tonnage to France is 250 tons during any calendar year of this agreement. Sellers' suppliers have taken note of buyers' opinion that, in the spirit of this agreement, lowering of prices of aluminium semis would endanger the aluminium market and undermine this agreement and, therefore, sellers' suppliers undertake to handle their sales of semi-manufactured products of aluminium in the spirit of this agreement. 6 The goods are to be shipped in approximately equal monthly lots, commencing January 1968, to the ports and in the amounts specified by buyers under clause 7. The date indicated in the bill of lading is considered as the date of shipment. 7 The sellers undertake to inform the buyers of the quantities of aluminium to be delivered 57 days before the respective quarter of shipment. The buyers are to advise the sellers of the ports of destination as well as quantities within 15 days from the date of receipt of such notification. In the case of aluminium shipments to Norwegian and Swedish ports and to Swansea, the lots to be not leß than 750 tons each and to Newport 1 000 tons each. With regard to shipments to Genoa, Venice, Stockholm, Piräus, Kobe, Osaka and Yokohama, buyers will give three months' notice for shipment to enable sellers' suppliers to bring the goods to the ports of loading. Should buyers be unable to give such long notice, sellers' suppliers will do their best to meet the requirements of buyers. The buyers are to compensate the sellers all the losses which the sellers' suppliers may suffer at the port of loading dü to the receipt of the notification of the buyers being outside the period stipulated in this clause. 8 The sellers' suppliers undertake to insure the goods for the full valü of the goods, plus 10 %, against usual marine risks, including acts of elements in accordance with paragraph 2 of clause 2 of the Transport Insurance Rules published by the Foreign Insurance Department of the USSR "Ingosstrakh", Moscow, and, in addition, covering with particular average, irrespective of percentage, including damage caused by hook, oil, freshwater (excluding sweat) and other cargo, including theft, pilferage and non-delivery, all irrespective of percentage, with claims payable in sterling in London by the Black Sea and Baltic General Insurance Co. Ltd, subrogated to Lloyds. The insurance should be covered from port of loading to port of discharge with extended cover to warehouse at the port of discharge. Subrogation costs of a Lloyds' policy are for buyers' account. 9 Payment becomes dü when sellers' payment is made to suppliers. Payment is to be effected to sellers' agents, Meßrs Brandeis Goldschmidt and Co. Ltd, to their account with S.G. Warburg and Co. Ltd, 30, Gresham Street, London EC2, against confirmation by S.G. Warburg and Co. Ltd that sellers or their agents have been notified by suppliers' bank that the following documents have been received from suppliers and have been dispatched to sellers or their agents through suppliers' bank's correspondents in London: 1. Two-thirds original clean negotiable shipped on board steamship company's ocean bills of lading ißüd to order and blank endorsed, marked : "freight paid", claused "liner terms", ship's master's or steamship company's receipt confirming one-third original bills of lading have been sent in the ship's bag to the notified party nominated by buyers. 2. Invoice in triplicate. 3. Insurance policy or certificate. 4. Suppliers' certificate of quality or letter of guarantee in triplicate. 5. Certificate of weight of the supplier or his agent at the port of loading, in triplicate. For any delay in payment, sellers may charge interest to buyers at a rate of 1 % over the UK bank rate. Buyers shall not delay payment for more than six weeks. Bank charges for remittance from sellers to suppliers are for buyers' account. 10 Sellers have agreed with their suppliers that, should any circumstances arise preventing either party from wholly or partially carrying out its obligations under this agreement, namely : fire, acts of elements, war, military operations of any nature, blockade or prohibition of export or import, the time stipulated for the performance of the agreement shall be extended, proportionately, for as long as the circumstances obtain. In the event of these circumstances continuing for more than three months, either party shall have the right to refuse to continü the performance of its obligations under this agreement and in such case neither party shall be entitled to indemnification from the other party of any losses it may sustain. A certificate ißüd by the Chamber of Commerce of the suppliers "or buyers" country, as the case may be, shall be sufficient proof of the operation and duration of such circumstances. The party unable to carry out its obligations under the agreement shall immediately advise the other party of the commencement and termination of the circumstances preventing performance of the agreement. Buyers agree that, in the event of force majeure being declared in the agreement between sellers and their suppliers, all rights and obligations of sellers towards their suppliers are to apply between the sellers and the buyers as if they were rights and obligations of the buyers. 11 Sellers have agreed with their suppliers that any dispute or differences which may arise under or in connection with their contract are to be settled by arbitration. Arbitration shall be composed in the following way. Each party which wishes to apply to arbitration shall notify thereof the other party by a registered letter stating the name of an arbitrator and his addreß as well as the subject of dispute. The other party shall nominate an arbitrator not later than 30 days upon receipt of the above letter and advise to the first party also by a registered letter the name and addreß of the arbitrator. If the party called to arbitration fails to nominate an arbitrator during the said period, the arbitrator for this party will be appointed by the Chamber of Commerce in Stockholm, Sweden. In such a case, an arbitrator is to be appointed not later than 30 days on receipt of a corresponding statement from the party advising of submitting the dispute to arbitration. Both arbitrators shall choose an umpire during 30 days. If the arbitrators fail to agree on an umpire within the said period, at the request of the party interested an umpire will be appointed by the Chamber of Commerce in Stockholm, Sweden. The arbitration is to be held in Stockholm. The award of arbitration is made by a majority vote in accordance with the terms and conditions of the present contract and rules of law to be applied according to the principles of the conflict law. The arbitration may also additionally apply the common international commercial usages. The award of arbitration to be motivated and to contain the composition of arbitration, place and date of the award, the indication that the parties could state their contemplation and distribution of arbitration expenses between the parties. The award of arbitration shall be made within six months from the date of the appointment of an umpire and shall be final and binding on both parties. The parties shall not have recourse to legal proceedings. Buyers agree that, in the event of arbitration between sellers and their suppliers, all rights and obligations of sellers towards their suppliers are to apply between the sellers and the buyers as if they were rights and obligations of the buyers. The procedure for arbitration as outlined above shall also apply to buyers and sellers. 12 Buyers and sellers intend to prolong the validity of this agreement and will enter into negotiations to this effect during the first half 1970. It is further agreed that such negotiations must be concluded by 31 October 1970 at the latest. If, by the above date, the parties do not come to an agreement on the above matter, this agreement is valid until 31 December 1970. Sellers have agreed with their suppliers that, should aluminium begin to be traded on the London Metal Exchange or should it become apparent that exports of aluminium from other sources become of such importance that they interfere with the spirit of the agreement, the sellers and buyers have the right to renegotiate terms by serving three months' notice. If both parties are unable to reach agreement at the end of the period of notice, the agreement will end on that date. The quantities to be cancelled on a pro rata basis. 13 Neither party shall be entitled to transfer its rights and obligations under this agreement to any third party without the written consent of the other party having been obtained thereto. 14 All taxes, düs and customs fees in connection with the execution of the present agreement, levied on the territory of the sellers' suppliers, will be paid by the sellers' suppliers and those levied outside the territory of the sellers' suppliers shall be paid by the buyers. 15 Any amendments and/or supplements to this agreement shall be valid only if they are made in writing and signed by the duly authorized representative of both parties. 16 In the event of a clause of this agreement being or becoming null and/or void, both parties agree that the remaining clauses shall remain in force. Both parties agree to reinstate in an amicable way a substitute clause for the clause declared null and void. If no amicable agreement can be reached on the substitute clause, the contract shall be submitted to arbitration in accordance with clause 11 of this agreement. 17 This agreement is made in English and signed in two originals, both of which have equal force. Legal addreß of both parties - The sellers: Brandeis Goldschmidt and Co. AG, Hirzbodenweg 103, CH-4000 Basle 20. - The buyers: Aluminium Suisse, PO Box 8034, CH-Zurich. Basle, 26 March 1968. ANHANG 4 Agreement No 4006A Brandeis Goldschmidt and Co. Ltd, Hirzbodenweg 103, CH-4000 Basle 20 (hereinafter referred to as "the sellers") of the one part, and Aluminium français, 23, rü Balzac, Paris 8e (hereinafter referred to as "the buyers") of the other, Have concluded this agreement on the following: 1 The sellers have entered into arrangements with Raznoimport/Moscow, Impexmetal/Warsaw, Metalimpex/Budapest, Intrac/Berlin and Metalimex/Pragü, pursuant to which they have committed themselves to buy certain amounts of primary aluminium ingot totalling 267 000 long tons, during the period 1 January 1968 to 31 December 1970, upon the understanding that sellers have the sole purchasing rights for primary aluminium to be exported from the USSR, Poland, Hungary, East Germany and Czechoslovakia, to various countries, among them France, with the exception of aluminium sold under government trade agreements. Buyers undertake to buy from sellers, during the period 1 January 1968 to 31 December 1970, the quantities specified below. Delivery terms will be cif liner terms or for destination Marseilles, Le Havre or Antwerp and, should there be other destinations not mentioned, parties will always endeavour to reach mutual agreement in order to achieve a smooth running of the agreement. Minimum quantities to be specified according to agreement. With regard to Canadian ports, buyers and sellers' suppliers each pay half of the extra freight and insurance between UK ports (London) and Canadian ports nominated by buyers. Ports/destinations in buyers' option. Quantity of virgin aluminium in ingots, purity 99,5 %, about 19 560 long tons in 1968 and a corresponding tonnage in 1969 and 1970. The quantity for 1969 and 1970 has to be mutually agreed upon between sellers and buyers before 30 September of the preceding calendar year. Weight of ingots is about 15 kg each. Aluminium if possible to be delivered bundled. 2 Price for aluminium in ingots, purity 99,5 %, is fixed at £16 6s 8d per long ton (on the present parity of exchange) below the price for Canadian and UK aluminium delivered works, as published in the current ißü of the Metal Bulletin in London (presently £238 per long ton), on the date of shipment/dispatch from sellers' suppliers' country. The date indicated on the steamer bill of lading or the railway bill of lading to be the date of shipment/dispatch from sellers' suppliers' country. The price is understood cif liner terms or for destination to the ports/destinations mentioned under clause 1 of this agreement. It is agreed that buyers will pay sellers a minimum price of £180 16s 8d per long ton should the abovementioned quotation in the Metal Bulletin fall below £197 3s 4d per long ton (on the present parity of exchange.) Notwithstanding buyers' and sellers' mutual consent to exceptions, sellers grant buyers the most-favoured-nation treatment for primary metal sold by sellers in the common market against sellers'commitments referred to in the first paragraph of clause 1. 3 The goods are to be shipped/dispatched in approximately equal monthly lots to the ports/destinations and in the amounts specified by buyers under clause 4. 4 Sellers undertake to inform buyers of the quantities of aluminium to be delivered 55 days before the respective quarter of shipment/dispatch. Buyers are to advise sellers of the ports/destinations as well as quantities within 15 days from the date of receipt of such notification. The buyers are to compensate the sellers for all the losses which the sellers' suppliers may suffer at the port of loading dü to the receipt of the notification of the buyers being outside the period stipulated in this clause. 5 Sellers' suppliers undertake to sufficiently insure the goods. Subrogation costs of a Lloyds' policy are for buyers' account. 6 Payment becomes dü when the sellers' payment is made to suppliers upon their filing of documents. For any delay in payment, sellers may charge interest to buyers at a rate of 1 % over the UK bank rate. Buyers shall not delay payment for more than six weeks. Bank charges for remittance from sellers to suppliers are for buyers' account. 7 Sellers have agreed with their suppliers that, should any circumstances arise preventing either party from wholly or partially carrying out its obligations under this agreement, namely : fire, acts of elements, war, military operations of any nature, blockade or prohibition of export or import, the time stipulated for the performance of the agreement shall be extended, proportionately, for as long as the circumstances obtain. In the event of these circumstances continuing for more than three months, either party shall have the right to refuse to continü the performance of its obligations under this agreement and in such case neither party shall be entitled to indemnification from the other party of any losses it may sustain. A certificate ißüd by the Chamber of Commerce of the suppliers' or buyers' country, as the case may be, shall be sufficient proof of the operation and duration of such circumstances. The party unable to carry out its obligations under the agreement shall immediately advise the other party of the commencement and termination of the circumstances preventing performance of the agreement. Buyers agree that, in the event of force majeure being declared in the agreement between sellers and their suppliers, all rights and obligations of sellers towards their suppliers are to apply between the sellers and the buyers as if they were rights and obligations of the buyers. 8 Sellers have agreed with their suppliers that any disputes or differences which may arise under or in connection with their contract are to be settled by arbitration. Buyers agree that, in the event of arbitration between sellers and their suppliers, all rights and obligations of sellers towards their suppliers are to apply between the sellers and the buyers as if they were rights and obligations of the buyers. The same procedure of arbitration which is to settle any disputes or differences between sellers and their suppliers shall also apply to buyers and sellers. 9 Buyers and sellers intend to prolong the validity of this agreement and will enter into negotiations to this effect during the first half of 1970. It is further agreed that such negotiations must be concluded by 31 October 1970 at the latest. If, by the above date, the parties do not come to an agreement on the above matter, this agreement is valid until 31 December 1970. Should it become apparent that exports of aluminium from other sources become of such importance that they interfere with the obligations of delivery and take over of the agreed tonnages, then the sellers and buyers have the right to renegotiate terms by serving three months' notice. If both parties are unable to reach agreement at the end of the period of notice, the agreement will end on that date. 10 Neither party shall be entitled to transfer its rights and obligations under this agreement to any third party without the written consent of the other party having been obtained thereto. 11 All taxes, düs and customs fees in connection with the execution of the present agreement, levied outside the territory of the sellers' suppliers shall be paid by the buyers. 12 Any amendments and/or supplements to this agreement shall be valid only if they are made in writing and signed by the duly authorized representative of both parties. 13 In the event of a clause of this agreement being or becoming null and/or void, both parties agree that the remaining clauses shall remain in force. Both parties agree to reinstate in an amicable way a substitute clause for the clause declared null and void. If no amicable agreement can be reached on the substitute clause, the contract shall be submitted to arbitration in accordance with clause 9 of this agreement. Basle, 2 July 1968.