AGREEMENT № SEZ________ / ___
for sewage disposal
Yelabuga
"_____"_________ 20__
Open Joint Stock Company "Special economic zone of industrial type "Alabuga", hereinafter
referred to as the "Transporting Company", represented by ____________________, acting under the
____________________________, on the one hand and
____________________________, hereinafter referred to as the "Consumer", represented by
________________, acting under the _________________, on the other hand, hereinafter jointly
referred to as the "Parties", have concluded this agreement (hereinafter - Agreement) as follows:
The Parties have agreed that the terms used in this Agreement shall have the following meanings:
- Sewage treatment (purified sewage) – water refined in the central water treatment facilities.
- Water disposal (sewerage) – discharge of wastewater resulting from economic activity of the
Consumer after use of water from all sources of water supply (potable, industrial, hot water, steam from
the heating supply companies);
- Notification – communication of information to Party to the Agreement or the person authorized by it
by one of the ways (letter, certified mail, fax mail, telephone message, by expedited handling), or in
other way that allows to determine the fact of receipt of the notification.
- Water disposal limit - the maximum amount of taken (discharged) water a day or a month, established
by the Transporting Company, other authorized body.
The Parties in their relations are governed by the current legislation of the Russian Federation, the
Federal Law of 07.12.2011 N 416-F "On Water Supply and Disposal", the Rules of using municipal
water supply and sewerage systems in the Russian Federation (approved by the Decree of the
Government of the Russian Federation of 12.02.1999 N 167) as well as the Decree of the State
Committee on tariffs of the Republic of Tatarstan № _____ of _________ 20___ 1and other documents
by an authorized regulatory body in the part of tariff determination.
1. SUBJECT OF AGREEMENT
1.1.
Under the terms of the Agreement the Transporting Company provides services of Consumer’s
sewage disposal and treatment according to issued specifications, and the Consumer pays the services in
accordance with the terms of the Agreement.
1.2.
The Consumer discharges sewage water to the water disposal system of the Transporting
Company and pays the services to the Transporting Company, guided by regulatory legal acts of the
Russian Federation and the Republic of Tatarstan and this Agreement.
1.3. Under this Agreement the transportation of sewage water by the Sub-Consumers to the water
disposal system of the Transporting Company is not permitted.
1.4. The Consumer's object and its address: The Republic of Tatarstan, Yelabuga municipal district,
municipality of "Yelabuga town, territory of "SEZ "Alabuga".
Boundaries of operational responsibility are set out in the Appendix № 2 to this Agreement.
2. LIABILITIES OF THE PARTIES
2.1. The Transporting Company shall:
2.1.1. Accept sewage water from the Consumer to the water disposal system of the Transporting
Company in an approximate quantity of: ____ cubic meters with
June
- ___ cubic meters
October
- ___ cubic meters
July
- ___ cubic meters
November
- ___ cubic meters
August
- ___ cubic meters
December
- ___ cubic meters
September - ___ cubic meters
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There shall be indicated the Decree at the time of signing (validity) of the Agreement
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2.1.2. Ensure the proper operation and functioning of the intrasite water disposal systems under its
control in accordance with the requirements of normative and technical documentation.
2.1.3. When it is technically possible, produce, on application of the Consumer submitted within the
specified period, the changes in contractual amounts of water disposal.
Written application of the Consumer for changing contractual amounts is accepted for consideration by
the Transporting Company, if the Consumer's application was received no later than:
- fifteen (15) days before the end of the billing month for increase of the contractual volumes;
- fifteen (15) days prior to the billing month in which the decrease of contractual volumes is supposed
Adjustment of contractual volumes may be performed no more than once in a month.
Change of contractual consumption volumes in the upward direction is made only in the absence
of Consumer's indebtedness for the previous period.
Bear other obligations under applicable laws and this Agreement
2.1.4. Take the necessary measures for the timely liquidation of accidents and damages to the water
disposal systems
2.1.5. Participate in the acceptance into operation of Consumer devices and structures for connection to
water disposal systems
2.1.6. Notify the Consumer in advance about all the circumstances known to the Transporting Company,
changing the amount of water accepted by the Transporting Company, about the upcoming scheduled
repair of the water disposal system, the facts of the accidents and other circumstances affecting the order
of execution by the Parties of its obligations.
2.2.
The Consumer shall:
2.2.1. Arrange and negotiate with the Transporting Company, before beginning of use, the scheme of
connection of water disposal system to the intrasite water disposal networks of the Transporting
Company.
2.2.2.
Ensure metering of sewage water amounts.
2.2.3.
Do not exceed the concentration of pollutants entering with the sewage waters to the sewerage
system of the Transporting Company, established in accordance with applicable law and decision of an
authorized state body (at the time of conclusion of this Agreement - Decree of the Executive Committee
of Yelabuga № 2 of 08.02.2007). Approved standard indicators (SI) of the general properties of sewage
waters and standards of allowable concentrations (AC) of pollutants in the sewage waters are attached to
the Agreement (Appendix № 1)
2.2.4. If necessary, and in consultation with the Transporting Company, provide local treatment facilities
for sewage treatment to the required standards.
2.2.5. Monitor quarterly the composition and properties of discharged sewage waters and provide results
of analysis to the Transporting Company, or compensate the Transporting Company for the actual cost
of analysis of sewage waters within five (5) business days in accordance with the original invoice and
copies of documents confirming the actual cost of the Transporting Company.
2.2.6. In case of exceeding SI, standards of maximum allowable concentration and maximum
permissible discharge in sewage waters compensate the Transporting Company for loss (expense)
related to the payment of fines, etc. (only in case of application of these sanctions to the Transporting
Company).
2.2.7. Provide free access of employees of the Transporting Company to the water disposal system for
implementation of control functions.
2.2.8. Have a log for registration of monthly readings of measuring instruments.
2.2.9. Communicate the data with the signature of the responsible person to the Transporting Company
by the 25th of the current month:
- on readings of measuring instruments. At failure to fulfil this condition the actual amount of sewage
water disposal for the previous billing month is defined as in the case of absence (malfunction) of
measuring instruments;
- on actually registered amounts of water consumption from all sources of water supply of the
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Consumer;
2.2.10. Reports on readings of measuring devices, and other documents for the implementation of this
Agreement shall be in writing and signed by authorized persons. The above documents will be
considered properly submitted to the Transporting Company if they are transmitted by facsimile, sent
by certified mail or delivered by hand to the appropriate designees with acknowledgements of receipt.
2.2.11. The Consumer shall ensure the attendance of its representative to negotiate the quantity of
services not later than the 5th day of the month following the reporting month, or send a reasoned
refusal to receive services and sign the certificates. In the event of non-attendance of the representative
of the Consumer and non-receipt of a written refusal, the certificates are valid, signed by a
representative of the Transporting Company.
2.2.12. In case of damage to the water disposal system of the Transporting Company from the fault of the
Consumer, as well as accidental discharges of pollutants and toxic substances into the water disposal
system of the Transporting Company, the Consumer shall:
- promptly to notify of it the Transporting Company;
- eliminate damage to the water disposal system and its consequences by its own forces and means,
under the technical supervision of the Transporting Company;
- compensate the Transporting Company for a loss resulted from damages to the water disposal system.
2.2.13. Install metering devices with participation of a representative of the Transporting Company, that
is notified in advance by the Consumer
Metering devices installed on the boundary of operational responsibility are acquired by the Consumer
and are in its balance sheet (economic management) and maintenance.
2.2.14. Provide calibration check of metering devices by a state body at intervals prescribed for them by
State Standard (as in the metering device certificate). In case of delayed calibration check of by a state
body the metering devices are considered defective.
2.2.15. Notify in writing the Transporting Company within 7 days of any changes of the name, legal
status, legal form of organization, postal or bank details, reorganization or liquidation of the Consumer,
as well as the transfer of equipment and facilities for connection to the water disposal systems to another
owner. In the absence of written notice of changes at the stated time, the Consumer shall be obliged to
pay for the services rendered under this Agreement.
2.2.16. Make payments for sewage waters accepted by the Transporting Company in due time.
2.2.17. Bear other obligations under applicable law and this Agreement.
3. METERING PROCEDURE
3.1.
Metering of amount of sewage water removed from the Consumer is performed according to
the readings of measuring instruments.
3.2. In the Consumer does not have instruments for measuring sewage water discharged in the water
disposal system of the Transporting Company, the amount of sewage water is assumed to be equal to the
amount of the used cold water, according to the readings of water meters. When the Consumer uses cold
water as a component of manufactured products or for process needs, the amount of sewage water
disposed from the Consumer shall be adopted in accordance with the calculated data submitted by the
Consumer, agreed by the Transporting Company.
3.3. Amount of discharged sewage water can be evaluated by the Transporting Company by capacity of
water-conveying inlet or connection to the sewerage system with velocity of water movement in it 1.2
m/sec and its operation during 24 hours a day in the following cases
3.3.1. In the absence of, or damages to a metering device or seals on it, that was installed by the
Transporting Company.
3.3.2. At discovery of unauthorized devices and structures built for connection to the sewerage networks
of the Transporting Company.
3.3.3. In case of absence or avoidance of installing a metering device at instruction of the Transporting
Company, as well as damage to the existing metering device and making no notification of it to the
Transporting Company.
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3.3.4. At not providing by the Consumer access of the representatives of the Transporting Company:
- to the metering units of sewage water (cold water) per one billing period (per month, in which access
was not granted) and not presenting a log on daily readings of a metering device on their demand;
- to control sewage wells for sampling sewage water, including the lack of access due to the collapse of
the soil, and/or blockage of covers of control wells, and/or installing in the wells of unauthorized devices
preventing the sampling of sewage water - for one billing period (for the month in which access was not
granted).
3.3.5. If the Consumer has not submitted data on readings of measuring instruments within the period
specified in this Agreement, in case of the absence of information from the Consumer about amounts of
actual sewage water disposal, and in other cases where it is impossible to determine the amount of
sewage water actually disposed by Consumer.
3.4. Amount of accepted sewage waters is made monthly in bilateral certificate, drawn up by the
Transporting Company on the basis of calculated data or readings of metering devices. At nonattendance of the Consumer (its authorized representative) at signing the certificate in time established
by of this Agreement, the certificate is signed unilaterally with a note on non-attendance of the
Consumer is the basis for payments.
4. SERVICE PRICES AND PAYMENT PROCEDURE
4.1. The monthly payment of Consumer under this Agreement is determined in accordance with the
tariff of the Transporting Company for water disposal and sewage treatment, approved by the State
Committee on Tariffs of the Republic of Tatarstan № _________ of _________, that is - ____ rubles per
1 cubic meter, excluding VAT.
The tariff can be modified during the term of this Agreement by an authorized regulating body.
Change of tariff is introduced from the day of the change of the tariff for water disposal and sewage
treatment by an authorized regulating body. In the case of tariff change the monthly payment of the
Consumer is adjusted without additional written documentation. Notification of change of the tariff is
made by official telephone message, a written notice.
4.2. Payment under this Agreement is performed by the Consumer according to the following
procedure::
4.2.1. By advance payment in the month of water disposal and sewage treatment (the reporting month)
within 5 banking days from receipt of the invoice in the amount of 30 (thirty) % of the contractual
monthly quantity in accordance with the invoice of the Transporting Company. The invoice is issued
by the Transporting Company by the 05th of the current month. The advance payment is not a
commercial loan.
If the amount of the advance payment exceeds the cost of services for water disposal and
sewage treatment , the Transporting Company accepts the difference in payment of the next payment.
4.2.2. The final payment (with taking actually rendered services into account) under this Agreement
shall be made within five banking days of receipt of and on the basis of the following documents:
-invoice of the Transporting Company;
-certificate of services rendered under the Agreement.
Invoices are issued by the Transporting Company by the 10th of the month following the reporting
month.
4.3. When the Consumer breaches the payment terms of payment documents, the Transporting Company
has the right to restrict or completely terminate water disposal and sewage treatment from the
Consumer.
Water disposal and sewage treatment are restored after repayment by the Consumer of debt and payment
of additional invoice, issued by the Transporting Company to the Consumer for works on connection of
Consumer devices and facilities at prices of the Transporting Company.
4.4. In case of violation by the Consumer of contractual amount of consumption provided for in clause
2.1. of the Agreement.
4.5. In the event of discovery by the Transporting Company of discrepancies between readings of
measuring instruments and data submitted by the Consumer, and errors in the calculation of payments,
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reappraisal is performed when issuing subsequent payment documents.
4.6. The approximate sum under this Agreement is:
______ rubles ___kopecks (_______ rubles __ kopecks) with VAT, taking into account tariff and cost
of services of water disposal and sewage treatment applicable on the date hereof.
The sum under this Agreement is adjusted depending on actual water disposal and sewage treatment of
the Consumer, and tariff changes of the Transporting Company.
4.7. The billing period for services of water disposal and sewage treatment is one calendar month
4.8. The Parties shall perform comparison of their calculations, initiated by either Party.
5. CONDITIONS FOR TERMINATION OR SEWAGE WATER ACCEPTANCE
5.1. The Transporting Company may terminate or restrict the services of water disposal and sewage
treatment without prior notice to the Consumer in the following cases:
- cessation of power supply of the facilities of the Transporting Company;
- occurrence of accidents due to natural disasters and emergencies;
5.2. At the time of liquidation of accidents or unscheduled maintenance works a break in the water
disposal is allowed.
6. TERM OF THE AGREEMENT
6.1. This Agreement is valid in the period from the signing of this Agreement and to ___________.
6.2. The Agreement is considered extended for an indefinite period on the same terms and does not
require conclusion of an additional extended-term arrangement, if within 30 (thirty) days prior the
expiration of its action, neither party declares its termination or conclusion of a new agreement.
Relationships of the parties before conclusion of a new agreement are governed by this Agreement.
6.3. Change in the terms of the Agreement and termination of the Agreement are made in the manner
prescribed by this Agreement, applicable law. The proposal for the modification or termination of the
Agreement shall be considered by the parties within the maximum period of thirty days.
7. RESPONSIBILITY OF THE PARTIES
7.1. In the case of non-performance or improper performance of obligations under the Agreement the
party that has violated the obligation must compensate the proved loss due to this violation.
7.2. Parties are responsible for the technical condition, operation of household sewerage networks,
according to the Certificate(s) of the boundary of operational responsibility, which is (are) an integral
part of this Agreement.
7.3. If the Consumer makes payment for services under this Agreement out of time specified under this
Agreement, the Transporting Company has the right to require payment of a penalty in the amount of
0.01% (zero point one hundredth of a percent) of the amounts unpaid on time for each day of delay. The
penalty is charged and to be paid by the Consumer only if a written reasoned claim is made by the
Transporting Company.
8. FINAL PROVISIONS
8.1. Disputes between the parties at the conclusion, execution, alteration and termination of this
Agreement that were not settled by negotiations shall be considered by the Arbitration Court of the
Republic of Tatarstan.
8.2. On the part of the Consumer, the responsible person for ensuring proper maintenance and
preservation of equipment of metering units, the integrity of seals on measuring instruments is:
______________
8.3. In all matters not covered by this Agreement the parties shall be governed by the Civil Code of the
Russian Federation and other statutory acts.
8.4. This Agreement is made in two original copies of equal legal force, one of which is located at the
Transporting Company, and one at the Consumer's
9. FORCE-MAJEURE
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9.1. In the case of occurrence of circumstances of irresistible force, caused directly or indirectly, by, for
example: flood, fire, epidemics, military coup, act of terrorism, civil disturbances, strikes, regulations,
orders or other administrative interference by the state bodies or any other decrees, administrative or
governmental restrictions affecting performance of the Agreement by the parties, or any other
circumstances beyond the reasonable control of the Parties, terms of fulfilment of these obligations shift
in correlation with duration of the circumstances, if they significantly affect the execution on time of the
whole Agreement or part thereof, that is subject to execution after the occurrence of force majeure.
9.2. If the circumstances of irresistible force continue for more than three months, this Agreement may
be terminated at the request of the interested Party.
9.3. Both parties shall immediately notify each other in writing of the beginning and ending of the force
majeure preventing the fulfillment of the obligations under this Agreement.
9.4. A Party who refers to force majeure, is obliged to provide for its confirmation a document by the
competent state body
10. OTHER TERNS AND CONDITIONS
10.1. The Transporting Company is not responsible for improper performance of the provisions of this
Agreement due to reasons caused by accidents on networks not owned by the Transporting Company,
but involved in water disposal and sewage treatment from the Consumer.
10.2. The Consumer provides the completeness, integrity, serviceability, and the normal technical
condition of each and every shut-off, preventing flooding of basements in accidents on the water
disposal networks. In the event of flooding of basements, caused by the lack of gates, not water-proof
closing of cleanouts, faulty technical state of sanitary devices, water disposal networks, structures and
devices on them that are in charge of the Consumer, the responsibility for the damage done is born by
the Consumer regardless of the accident (blockage, flooding) occurring on water disposal networks of
the Consumer or the Transporting Company.
10.3.
Contact persons for relationship issues under this Agreement are:
on behalf of the Transporting Company: senior expert of Office of exploitation and energy - Karymova
Irina Alekseevna tel. 8(85557) 59016;
on behalf of the Consumer: chief engineer - ___________________;
If it is necessary, the parties to the Agreement may designate other representatives, with written notice
of it to the other party. Representatives authorized by the parties shall perform relationships on issues of
the execution of this Agreement, including taking part in the technical surveys, issuing and receiving
orders, signing certificates and data on readings of metering devices of sewage waters (water meters)
and other documents that define the amount of water consumption by the Consumer, and perform other
actions on the instructions of the parties.
10.4. An integral part of this Agreement is:
10.4.1. Appendix № 1 to this Agreement is Appendix № 4 to the Decree of the Executive Committee of
Yelabuga № 2 of 08.02.2007
Temporary conditions of acceptance of pollutants in consumers' sewage waters discharged into the
sewerage system of Yelabuga.
10.4.2. Appendix № 2. Certificate of the boundary of operational responsibility between JSC "SEZ IPT"
Alabuga" and _______________________.
11. ADDRESSES, DETAILS AND SIGNATURES OF THE PARTIES
Transporting Company:
Consumer:
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JSC «SEZ IPT "Alabuga"
Registered office address: 423600, the Republic
of Tatarstan, Yelabuga municipal district,
municipality of «Yelabuga town», territory of
SEZ «Alabuga», street Sh-2, building 4/1.
Postal address: 423602, the Russian Federation,
Republic of Tatarstan, Yelabuga municipal
district, Yelabuga, P/O box 162
INN/KPP 1646019914/164601001
settlement account 40702810812000000171
in Yelabuga branch of OAO AIKB
«Tatfondbank»
correspondent account 30101810100000000815
BIK 049205815
____________________
__________________ /______________/
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