Question: There is a contract down below Analyse the attached contract and identify deficiencies as per our discussion and criteria of good contracts. You could also
There is a contract down below Analyse the attached contract and identify deficiencies as per our discussion and criteria of good contracts. You could also highlight clauses that might create ambiguities. only answer the points 3-6 ( write each contract element individual)
Thanks in advance
This agreement is entered into
BETWEEN:
ABC LLC
AND
XYZ LLC
The First and Second Parties are hereinafter, where the context so dictates, singularly referred to as 'Party'
and collectively referred to as 'Parties'
Preamble
A. ABC agrees to supply goods to XYZ for a consideration of OMR 40,000.
B. ABC wishes to enter to an agreement with XYZ for carrying out business. Accordingly, the Parties
have agreed to cooperate by entering to this Agreement. The Parties shall carry out the Scope of
work and shall exercise their respective rights and perform their respective obligations in
accordance with the terms and conditions of this Agreement.
C. This Preamble and the annexures of this Agreement shall be integral part of this Agreement,
complementary to it, and shall be read alongside it.
Agreed Terms
1. Definitions & Interpretations
1.1. In this Agreement, unless the context otherwise requires:
1.1.1.the singular includes the plural and vice versa.
1.1.2.the words 'include', 'includes' and 'including' or similar words are deemed to be followed
by the words 'without limitation'.
2.
The Scope of Work
2.1. This Scope of Work includes the collection, export paperwork at country of origin and the delivery
of Animals to the Port of Entry within the UAE, in accordance with the delivery programme.
2.2. The SOW is divided between ABC and XYZ as follows:
2.3.1
ABC Scope of Work and obligations
a) Carrying out the process of collection of Aquatic Animals in Oman by providing the
expert personnel,
b)
Responsible for coordination and management of the process of collection of Aquatic
Animals.
C)
Responsible for ensuring the export and delivery of the Aquatic Animals in accordance
with Delivery Programme and any other terms and conditions of the agreement
d) If required, travel with Aquatic Animals to the Port of Entry within UAE and any other
location where marine animals are required to be exported,
e)
Responsible for arrangement and provision of all kinds of equipment required for
transportation and the movement of the Aquatic Animals to the Port of Entry in UAE.
f)
Responsible for bearing the cost of LSS.
g)
Responsible for ensuring that the Aquatic Animals follow the quality specifications
and any other specifications set out.
2.3.2
XYZ Scope of Work and obligations
a)
Arranging the relevant government approvals required for collection and relevant
documentation for transport and delivery of the Aquatic Animals to UAE
b) Provision of space for quarantine of Aquatic Animals.
C)
Responsible for maintenance of the Animals.
d) Responsible for arrangement of water vessels for safe collection of Aquatic Animals
and relevant diving equipment.
3. The obligations of the parties to this Agreement are subject to ABC obtaining all the government
approvals and licenses prior to commencing the work.
4. XYZ will pay a sum of OMR 40,000 to ABC which shall be inclusive of taxes.
5. The Effective Date of this Agreement is January 1, 2022.
6. Each Party shall be liable for any loss or damages arising out of its actions.
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