CONTRACT № 0303-11
Moscow on March, 03 th 2022
Company «1», here in after referred to as the „Buyer” on behalf in the person of its Representative ........., acting on the basis of the Charter, on
the one hand and «2» (further – „SELLER”), on behalf in the person of its represented by: General Director .................. on the other hand, have
concluded the present Contract (further – Contract) as follows:
1. Subject of the contract
1.1. The SELLER carries out delivery of for the baths and whirlpool, quantity and under the prices defined in Appendices to the present contract,
being its integral part.
2. The total amount of the contract
2.1. The total amount of the contract makes 70 000 (seventy thousand) euro.
Cost of container, packing and marks, stacking, loading in to the truck.
The parties release each other from obligations on insurance of a cargo under the present contract.
3. Terms of Delivery
3.1. The goods is delivered by parties under the schedule coordinating by the parties on conditions EWX.
3.2. The Rules of Interpretation of Trading terms - ("Incoterms 2010 ") have a order character for the parties for the present contract.
3.3 Date of the transport document (CMR, TIR).
3.4. The SELLER has the right to deliver at own discretion the goods personally or to charge shipment to the third parties.
3.5. The BUYER is obliged to accept delivery from any of Shippers, offered by the SELLER, if it is stipulated in the appendix to the contract on
a concrete party of the goods.
4. Payment
4.1. Payment is carried out by the Buyer within 10 (ten) days from the moment of exhibiting the invoice and confirmation of shipment.
4.2. In need of delivery of the goods on the terms of 100 % of an advance payment, the Seller not later than 10 days before shipment by any
communication facility available at its order informs on it the Buyer by exhibiting to the Buyer of the account-proforma at a rate of 100 % from a
total sum of the delivered goods. In this case the Goods should be put the Buyer or return of an advance payment not later than 60 days from
advance payment date is carried out.
4.3. The Parties provide possibility of a partial advance payment.
4.4. Payment is carried out in US dollars by a remittance from the account of the BUYER into the account of the SELLER.
4.5. The parties bear all bank expenses connected with transfer of money resources, everyone in the its territory.
5. Quality of Goods
5.1. The quality of the Goods should correspond completely to standards, operating in the country-importer and to make sure the documents
given out by authority organs of origin country.
6. Packing and Marking
6.1. Goods have to be packed, appropriately sealed and marked to ensure their proper identification and safety during transportation, reloading
and/or storage.
6.2. Packing should provide full safety of the Goods and protect it from damage during transportation by all types of transport.
6.3. Marks of the goods carried out by its manufacturer.
7. Shipment Order
7.1. The SELLER informs the BUYER about the readiness of goods for the shipment no later than 10 (ten) days before the planned date of
shipment.
7.2. The name of the goods, quantity of cargo packages, quantity of packing, gross weight and net are specified in accompanying documents. The
some correction, additional writings and cleanings in the specified documents are not supposed.
7.3. After goods shipment but not later than in 24 hours, the SELLER by any ways sends to the BUYER of commercial documents originals on
the shipped party of the goods, which are necessary for customs registration in the country of the importer:
- the commercial invoice in 2 copy
- the account-proforma in 2 copy
8. Acceptance of Goods
8.1. Acceptance of Goods is effected:
- Quantity of places, in accordance with quantity, indicated in the shipping documents;
- Quantity of articles, in accordance with specification and packing list;
- Quality, in accordance with p.5 of present Contract.
9. Penal Sanctions
9.1. From the part of the SELLER:
9.1.1. In case the delivery is not effected in the stipulated dates, the SELLER pays out to the BUYER penalty at the rate of 0,1% from the total
value of non delivered goods per every day provision.
9.1.2. In case the expiration date exceeds 14 (fourteen) days, the SELLER pays out to the BUYER at the rate of 0,2% from the total value of non
delivered goods per an every day penalty provision.
9.1.3. In case the expiration date of all goods or part of it exceeds 30 (thirty) days stipulated by the present contract and it’s Appendixes, the
SELLER pays out to the BUYER the penalty at the rate of 0,5% from the total value of the contract or its non delivered part per an every day
penalty provision.
9.1.4. The payment of the penalty does not release the SELLER from responsibility of fulfilling the present contact.
9.1.5. In case delivered goods do not correspond to the quality against the present contract, the SELLER pays out to the BUYER the penalty at
the rate of 0,1% from initial cost of defective articles.
9.1.6. The Penalty payment of default of contract conditions does not release the SELLER from reparation of damages caused to the BUYER
because of non observance of contract conditions and obligations by the SELLER.
9.2. From the part of the BUYER:
9.2.1. In case the payment is not effected in the stipulated dates against the present contract, the SELLER has the right to request the BUYER to
pay out penalty at the rate of 0,1% from the total value of non paid goods per an everyday.
9.2.2. If the expiration date exceeds more than 14 (fourteen) days, the SELLER has the right to request the BUYER to pay out penalty at the rate
of 0,2% from the total value of non paid goods per an everyday.
9.2.3. Payment of the penalty does not release the BUYER from responsibility of fulfilling the present contact.
10. Force majeure
10.1. The parties are released from responsibility for partial or complete nonfulfillment of their liabilities under the present contract, if the
execution is caused by the circumstances of Force Majeure, appeared after conclusion of the contract, and none of parties could foresee or
prevent them by reasonable measures.
10.2. Force Majeure circumstances are those events that the parties could not influence and for those they do not carry out the responsibility.
10.3. During Force Majeure circumstances the parties are released from their responsibilities and the sanctions for non fulfillment of their
obligations are not adjusted.
11. Disputes
11.1. All the controversies and claims, because of the present contract are solved by negotiations. In case the disputes are not regulated by
negotiations – they are transfered to Arbitration of Moscow and Moscow region.
11.2. Applicable right against the present contract is the legislation of Russian Federation.
12. Other Conditions
12.1. Each Party is not entitled to transfer the authority and responsibilities to the third person without written agreement of the other Party
against the present Contract.
12.2. Any add-ins or changes to the present Contract can be made only in writing by mutual agreement and signed by authorized person from
both Parties.
12.3. The Contract is formed in duplicate for each of the Party and have equal legal force.
12.4. The present Contract comes into force from the moment of its signing and is valid during 2 (two) years from the indicated date.
SELLER:
Representative