True or false

1. Under the Convention on the International Sale of Goods, a seller may have the right to stop goods from reaching the buyer if the latter is not able to pay the seller.

2. The Principles of International Commercial Contracts recognize that consent may be affected by certain causes of avoidance, similar to vitiation of consent under the Philippine Civil Code.

3. The Convention on the International Sale of Goods is applicable only for signatory States.

4. The contracting parties of an international contract are forced to apply the Convention on the International Sale of Goods if their places of business are located in Contracting States.

5. The UNCITRAL was a part of the League of Nations before the latter's dissolution, and before UNCITRAL became a separate body.

6. Ratification of problematic consent is possible under the Principles of International Commercial Contracts.

Multiple choice

1. Which Incoterm is it?

The seller delivers when the goods are unloaded beside a sea vessel engaged by the buyer, or on a barge on the water, with the goods ready for loading unto the said sea vessel.

a. FOB - Free on Board

b. CIF - Costs Insurance Freight

c. FAS - Free Alongside Ship

d. FCA - Free Carrier

2. Which Incoterm is it?

The seller delivers by placing the goods at the disposal of the buyer at the buyer's place or an agreed point thereat, unloaded from the carrier that the seller engaged.

a. CIP - Carriage Insurance Paid

b. DPU - Delivered at Place Unloaded

c. DDP - Delivered Duty Paid

d. DAP - Delivered at Place

3. IDENTIFY THE CLAUSE:

4. "In the event of any conflict, ambiguity or inconsistency between or among the terms and condition of this Contract and any statement of work or invoice, the terms and conditions of the Contract shall control."

a. Precedence

b. Counterparts

c. Termination

d. Force Majeure

5. IDENTIFY THE CLAUSE:

"If any provision of this Contract is held to be void, illegal, unenforceable, or in conflict with any law, the validity of the remaining portions and/or provisions of this Contract shall not be affected thereby."

a. Confidentiality

b. Hardship

c. Separability

d. Audit

6. Which Incoterm is it?

The seller delivers when the goods are loaded by the seller on a carrier it engages, for transport to, customs clearance and sometimes unloading at the place of the buyer.

a. CIP - Carriage and Insurance Paid

b. FOB - Free on Board

c. FCA - Free Carrier

d. DDP - Delivered Duty Paid

7. IDENTIFY THE CLAUSE:

"No amendment, modification or waiver of any provision of this Contract shall be effective unless in writing and signed by both Parties."

1.

a. Annulment

b. Amendment

c. Avoidance

d. Assignment

8. IDENTIFY THE CLAUSE:

"This Contract supersedes any and all prior Contracts between the Parties regarding the subject matter hereof. "

a. Termination

b. Entire Agreement

c. Precedence

d. Confidentiality

9. Which Incoterm is it?

The seller delivers when the goods are loaded at the seller's premises or at an agreed point on a carrier engaged by the buyer.

a. CIF - Cost Insurance Freight

b. FCA - Free Carrier

c. CPT - Carriage Paid To

d. FAS - Free Alongside Ship

10. Which Incoterm is it?

The seller delivers when it hands the goods over to a carrier that the seller contracts with for delivery to the buyer's place or an appointed place thereat.

a. CPT - Carriage Paid to

b. DAP - Delivered at Place

c. CIP - Carriage and Insurance Paid

d. FOB - Free on Board

11. Which Incoterm is it?

The seller delivers the goods (and transfers the risk) to the buyer when the goods are placed at the disposal of the buyer on the means of transport as soon as this arrives at the place of the buyer or at an agreed point thereat, ready to unload.

a. DPU - Delivered at Place Unloaded

b. FCA - Free Carriage

c. DAP - Delivered at Place

d. DDP - Delivered Duty Paid

12. IDENTIFY THE CLAUSE:

"If a claim or allegation is brought against Buyer that the Goods created by Seller infringes on any Third Party's Intellectual Property Rights then Seller agrees to and shall defend the Buyer harmless against such claim or allegation, including reimbursing Buyer for all legal fees and expenses incurred in the investigation and defense of such claim or allegation and any royalties, payments, damages, penalties and interest that may be awarded therein or agreed to by Seller."

a. Intellectual Property

b. Reimbursement

c. Conformity

d. Indemnity

13. IDENTIFY THE CLAUSE:

"Any of the provisions hereof may be waived by the Party entitled to the benefit thereof; however, neither Party shall be deemed, by any act or omission, to have given up any of its rights or remedies hereunder unless such act is in writing and signed by that Party, and then only to the extent specifically set forth in writing."

a. No Assignment

b. Warranties

c. Sole Remedy

d. No Waiver

14. IDENTIFY THE CLAUSE:

"Any disagreement or claim arising out of or relating to this Contract, or the breach thereof or its termination shall be submitted to a court in State X. BOTH PARTIES GERBY AGREE AND CONSENT THAT THIS CLAUSE IS MANDATORY AND ALL ACTIONS SHALL BE FILED IN STATE X COURTS AND BOTH PARTIES HEREBY KNOWINGLY WAIVE ANY RIGHT TO COMMENCE AN ACTION IN ANY ONTHER COURT EXCEPT FOR THE ONE SET FORTH IN THIS PARAGRAPH."

a. Governing Law

b. No Waiver

c. Indemnity

d. Forum