Assignment 3
Question
Air Transport of Goods Agreement
Exclusive Distribution Agreement
1- The purpose of the
two agreements
To provide air transportation service as the
carrier is obliged to transfer goods and
materials to a certain receiver according to
terms and conditions agreed on the contract.
The Manufacturer grants to the Distributor,
who accepts it the right to sell and market
the Products defined under a contract
2- What are the risk
factors
in
both
agreements
-
Non-fulfilment by the Sender
Non-fulfilment or delay attributable
to the Carrier
Force Majeure
3- In regard to Breach Besides terms and obligations in article 8.1.1,
what are the necessary if the sender dismisses any other obligations
steps to be taken
mentioned in the terms and conditions, the
following should be done:
1- The carrier can ask for a cancellation
of the current contract if the
convention is so significant to the
extent that prevents the continuation
of a contractual relationship
2- The current contract will be canceled
once the carrier faxes the sender in
order to notify him that the contract
would be canceled in accordance with
article 8.1.2.
3- The sender should bear all damages
that he causes to the carrier including
Carrier's administration, logistics,
staff costs, the idle time of aircraft
and the time period equivalent to the
duration of the transport cancellation,
lost opportunity, and infrastructure
-
The Distributor fails to meet his
contractual obligations.
- The Distributor selects subdistributors for the Products without
prior written authorization from the
Manufacturer.
- As Article 9 of the Agreement
requires the Distributor to make the
minimum annual purchases, the
Distributor is not able to achieve
that minimum amount
1- If the distributor fails to fulfill any
of its contractual obligations stated
in the agreement, the Manufacturer
has the right to -immediately and
without notice- terminate the
agreement by registered letter and
return receipt requested
2- The distributor must return back
promptly any Manufacturer-owned
catalogs,
price
lists,
tariff
documents, or products in its
control that are in his possession
Upon
termination
of
this
Agreement.
costs. This should be based on
evidence documented by carrier.
Additionally, the term of the contract
pre-identify how these damages
should be calculated.
4- Barring the occurrence of force
majeure, if there is a 3-day delay after
the carrier operates the air
transportation from the scheduled
date or cancellation of air
transportation, carrier must pay
compensation according to article 22
which is about the cancelation
compensation.
4- What are the
differences between
these agreements?
Kawther Al kamyani
125970
Section: 30
1- The risk associated with each
contract.
2- Applicable law: France’s law
3- Payment terms and conditions
4- Parties to the contract: between
I.
the sender: CEO of a limited
liability company
II.
The carrier: the managing
director of other limited
liability company
5- Transportation
process:
Air
transportation outside the country (for
longer distances).
1- The risk associated with each
contract.
2- Applicable Law: the legislation is
applicable in the nation where
headquarter of the manufacturer.
3- Payment terms and conditions
4- Parties to the contract:
I.
Manufacturer:
managing
director
II.
Distributer: represent the
LLC
5- Transportation process: land
transportation (vehicle, trucks) and
it’s for shorter distance within the
region