take-and-pay contract 中文意思是什麼
take-and-pay contract
解釋
提貨與付款合同-
The buyer must pay all costs relating to the goods from the time they have been delivered in accordance with a4 ; and any additional costs incurred, either because he fails to nominate the carrier or another person in accordance with a4 or because the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because he has failed to give appropriate notice in accordance with b7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods ; and where applicable7, all duties, taxes and other charges well as die costs of carrying out customs formalities payable upon import of die goods and for their transit through any country
買方必須支付自按照a4規定交貨之時起與貨物有關的一切費用及由於買方未能按照a4規定指定承運人或其他人或由於買方指定的人未在約定的時間內接管貨物或由於買方未按照b7規定給予賣方相應通知而發生的任何額外費用，但以該項貨物已正式劃歸合同項下，即清楚地劃出或以其他方式確定為合同項下之貨物為限。 -
To carry out the principles of justice and good faith, continent countries created the system of right of uneasy pleadings, allowing the former performer to exercise right of uneasy pleadings to suspend his performance and to claim assurance of the other party which is in bad property conditions and has the probability not to perform his obligations to pay the price or to take delivery of the goods. the system of right of uneasy pleadings has the same value and functions as that of anticipatory breach of contract, esp. diminished expectation
（ 3 ）合同履行期屆至后尋求實際違約的救濟本章第三節對默示預期違約進行了分析，從以下三方面展開：一、默示預期違約規則的確立和發展英美法最早於1894年英國法院在審理辛格夫人訴辛格一案中確立了默示預期違約規則，允許默示預期違約受害方在對方違反合同主要義務時解除合同，並請求損害賠償。
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