Page 1 of 5
Annex 3 to the Conditions of Survey
CONTRACT OF VEHICLES INSURANCE No. _________
Brussels, …….-…….-2015
Permanent Representation of Lithuania to the European Union, address: Rue Belliard 41-43,
1040 Brussels, represented by the Ambassador, Permanent Representative to the EU Raimundas Karoblis,
authorized by the law, hereinafter referred to as the Insured,
And
The company ……………………….., VAT BE ……………., address: …………….., ………,
represented by ……………, authorized by …….., hereinafter referred to as the Insurer,
And both together hereinafter referred to as the Parties, each of them – Party,
Conclude this Contract of Vehicles Insurance Services, hereinafter referred to as the Contract:
1. Subject of the Contract
1.1. By this Contract the Insurer undertakes to provide the insurance of compulsory civil liability
and CASCO (accident, third party criminal acts, theft) for the vehicles set out in Article 1.2 of the Contract
and the Insured undertakes to pay the insurance premiums established in the Contract. The scope and
requirements of insurance are set in Annex 1.
1.2. The insured vehicles are the following:
No
Model,
plates
Year
model
Value
Capacity
(kW)
1.
VW Caravelle TDI,
CDAE075
2012
42 321 EUR
132
The main
driver *
(Year of
birth)
1986
2.
BMW 730 d,
CDZ102
2007
54 793 EUR
170
1972
3.
Audi A8 TDI
(quattro),
CDAD814
2012
69 247 EUR
184
1970
4.
Audi A8 TDI
(quattro),
CDAD815
2012
69 247 EUR
184
1980
The driving
experience
Accidents
involving
drivers
Address and Zip
Code
11 years
(Driving
license from
2004)
24 years
(Driving
license from
1990)
26 years
(Driving
license from1988)
16 years
(Driving
license from
1998)
No
accidents
Rue Belliard 4143, 1040, Brussels
No
accidents
Rue Belliard 4143, 1040, Brussels
No
accidents
Rue Belliard 4143, 1040, Brussels
No
accidents
Rue Belliard 4143, 1040, Brussels
*Vehicles could be driven by another drivers as well.
2. Rights and Obligations of the Parties
2.1 The Insurer undertakes to:
2.1.1. issue an insurance policy and invoice for each vehicle separately;
2.1.2. pay the benefit to the Insured not later than 30 days on receipt of the whole information about
the accident. If the Insurer is late in payment of the benefit, the Insurer, after the written request of the
Insured, undertakes to pay a penalty constituting 0.02% of the amount of the benefit for each day of delay;
2.1.3. ensure that the provided insurance is in compliance with the provisions of the Contract;
2.1.4. have all licenses (authorizations) necessary for the provision of insurance;
2.1.5. ensure the confidentiality and protection of the information, received from the Insured during
the performance of the Contract and pertaining to the performance of the Contract;
Page 2 of 5
2.1.6. fulfil all other obligations set out in this Contract.
2.2. Insurer's right to engage third parties (this condition applies if the Insurer's tender refers to
subcontractors):
2.2.1. The Agreement under which a part of the Insurer’s obligations under the Contract is executed
by a third party is considered to be a sub-contractors agreement. Such an agreement must be in writing. The
Insurer for the performance of the Contract must include only those subcontractors who are provided in the
Tender (Annex 2);
2.2.2. During the period of validity of the Contract, when the subcontractor inadequately performs the
obligations to the Insurer, as well as in the case when the subcontractor fails to fulfil its obligations to the
Insurer due to restructuring or bankruptcy proceedings, as well as the bankruptcy procedure is carried out by
a court, according to a procedure, initiated by the forced liquidation or an arrangement with creditors or have
undertaken similar procedures against them, the Insurer may change subcontractors. The Insurer has to
inform the Insured about that in written form in advance stating the reasons and the prospective
subcontractors. Changing the subcontractors is formalized by both Parties signing the agreement which is
made an integral part of the Contract;
2.2.3. Subcontracting does not create contractual relations between the Insured and a sub-contractor.
The Insurer is fully responsible for its sub-contractor’s actions or inactions.
2.3. The Insured undertakes to:
2.3.1. pay the appropriate invoice within 14 days from the date of its receipt together with the
insurance policy. If the Insured is late in paying the premium, the Insured, after the written request of the
Insurer, undertakes to pay a penalty constituting 0.02% of the amount of the certain unpaid premium for each
day of delay;
2.3.2. notify the Insurer about the insurance accident without delay, but not later than within three
working days after the accident;
2.3.3. fulfil all other obligations set out in this Contract.
3. Payment Conditions
3.1. The Insured shall pay to the Insurer according to the premiums set out in Annex 2. Each
invoice together with the insurance policy shall be issued at the beginning of certain insurance period for the
whole insurance term of the certain vehicle.
3.2. Throughout the whole period of validity of the Contract, the premiums stated by the Insurer
(Annex 2) during the procurement shall not be recalculated on the bases of general price level changes.
Respective changes to the premiums may be made only in cases of change of the legal acts on value added
tax (VAT). Should the need of recalculation of the prices due to abovementioned reason occur, the premiums
shall be re-calculated following the below-enlisted procedure:
3.2.1. In case of the VAT changes the premiums shall be correspondingly recalculated within a
reasonable period of time at the initiative of any Party;
3.2.2. Due to the change of the VAT rate, the premiums shall be re-calculated only if the cost is
impacted by the changed tax;
3.2.3. The premiums shall be re-calculated based on the ratio of the change in the VAT rate;
3.2.4. The re-calculated premiums shall be applicable only to these vehicles the invoice for which is
issued after the term of validation of the new VAT rate;
3.2.5. The Parties shall formalize the change of the premiums in written agreement that shall be
deemed as an integral part of this Contract;
3.2.6. The same procedure shall be applied in both cases, when the premiums are increased due to
the tax growth and when the premiums are reduced due to the diminished tax.
Page 3 of 5
4.
Information and Correspondence
4.1. Any notices, information or other correspondence specified in the Contract shall be in writing
and sent by registered mail, via courier, by fax, by e-mail or as additionally agreed upon by the Parties. If
correspondence is sent via courier, by fax or by e-mail, the date of sending shall be registered as the day of
receipt; if correspondence is sent by registered mail, the date of sending shall be registered as the fifth
working day after the correspondence is sent.
4.2. If one of the Parties changes its address, the number of the bank account or other related
information, it shall inform the other Party in writing prior to the change. Should one of the Parties fail to
fulfil this requirement, no claims, stating that the actions performed by another Party and based on the latest
available data do not correspond to the terms and conditions of the Contract or that no notice sent in
accordance with this data has been received, shall be accepted on its behalf.
5.
Force Majeure
5.1. The Parties are released from responsibility for non-fulfilment or improper fulfilment of the
obligations under the Contract, if the non-fulfilment or improper fulfilment takes place due to the
circumstances of force majeure.
5.2. The Party invoking force majeure clause shall give notice to the other Party of any such force
majeure circumstance not later than within 1 (one) working day from the rise or emergence of such
circumstances, by submitting evidences, that the Party have taken all reasonable means to reduce harm or
limit the unfavourable effect of the impediment. The Party shall also give notice of a likely term of the nonperformance of its obligations. The Party shall also give such notices even if the reason of non-performance
of the obligations no longer exists.
5.3. The basis for the relief the Party of duties and responsibilities under the Contract starts up
from the emergence of force majeure circumstances when due notice of such circumstances have been given
or from the moment of submission of such notice. The Party which has failed to notify properly of the force
majeure circumstance the other Party, shall pay damages to the that other Party.
5.4. If due to force majeure the Party cannot fulfil its obligations under the Contract for more than
10 (ten) calendar days, the other Party has the right to terminate the Contract unilaterally after paying fully
for everything that was received under the Contract.
6.
Procedure for Amendment and Termination of the Contract
6.1. During the time period of validity of the Contract its terms and conditions may not be
amended, with the exception of the terms and conditions, the amendment if which would not result in
infringement of the principles and objectives set forth in the Law of the Republic of Lithuania on Public
Procurement. Any amendment of the Contract shall be made in written form.
6.2. The Contract may be terminated:
6.2.1. by the written agreement of the Parties if any circumstances which could not be foreseen in
advance appear;
6.2.2. in case either Party fails to perform its contractual obligations for a time period longer than 10
(ten) calendar days as of the date of receipt of the written notice on the issue from the other Party. In such a
case the date of the termination of the Contract shall be the eleventh calendar day following the day of receipt
of the written notice on the failure to perform the contractual obligations;
6.2.3. in other cases foreseen in the Contract.
6.3. Without prejudice to any other remedies, that it may be entitled to, the Insured, upon notifying
the Insurer 14 (fourteen) calendar days in advance, shall have the right to terminate the Contract in case the
Insurer is under liquidation, suspends its economic activities, bankruptcy proceedings are being executed
with regard to the Insurer, a similar situation comes into existence according to the procedures prescribed by
legal acts, as well as in the cases, where the Insurer’s organizational structure, i. e. legal status, nature of
Page 4 of 5
activities or management structure is changed and that may affect the proper performance of the Contract.
The Insurer shall immediately, but not later than within 5 (five) business days, notify the Insured in writing
on the aforementioned procedures commenced in its regard and/or the changes of its organizational structure.
6.4. Upon the termination of the Contract, the Parties must settle all payments with each other,
including the fine (if applicable) and the unused part of the insurance premiums.
7.
Validity of the Contract
7.1. The Contract shall enter into force after its signing by both Parties and is valid up to
fullfilment of mutual obligations under the Contract or termination of the Contract in the cases set out herein.
7.2. The insurance hereunder is provided 1 (one) year for each vehicle. The precise insurance
period is set out in Technical specifications (Annex 1).
8.
Dispute Resolution
The Parties agree that any disputes, claims and disagreements pertaining to the Contract or its
performance, breach or invalidity shall be resolved by negotiations of the Parties. In case no agreement is
reached by negotiations within 30 (thirty) calendar days as of the date of receipt of either Party’s written
notice to the other Party on the beginning of negotiations, the dispute shall be resolved in a Lithuanian court
according to the procedure established by the laws of the Republic of Lithuania according to the address of
the Ministry of Foreign Affairs of the Republic of Lithuania, with the exception of the cases, where exclusive
jurisdiction is foreseen by the laws.
9.
Other Provisions
9.1. All amendments of the Contract and its Annexes are an integral part of the Contract.
9.2. In case of any discrepancies and/or inconsistencies between the Conditions of Survey and the
wording of the Contract or its annexes, the following order of preference shall be applicable:
9.2.1. Conditions of Survey (Annex 1);
9.2.2. wording of the Contract;
9.2.3. the Insurer’s tender (Annex 2);
9.2.4. other annexes to the Contract (if any).
9.3. Neither this Contract nor any rights or responsibilities arising from this Contract can be
transferred to a third party without the prior written consent of the other Party.
9.4. The Contract is concluded in English in two copies of equal legal force, one copy for the
Insured and one copy for the Insurer.
9.5. The Contract is approved by the signatures of legally authorized representatives.
9.6. If the Contract is concluded with a legal entity, it shall be approved by seal, if the legal entity
is required to have it.
10.
Annexes to the Contract
10.1. Annex 1 – Conditions of Survey;
10.2. Annex 2 – Tender of the Insurer;
10.3. (Other annexes, if any).
11.
Signatures of the Parties
Insured
Insurer
Permanent Representation of Lithuania
to the European Union
……………………………………
Page 5 of 5
Rue Belliard 41-43, Brussels
The Kingdom of Belgium
Phone: (32 2) 771 01 40
Fax: (32 2) 771 45 97
E-mail: office@eu.mfa.lt
Bank: ING
Account No. 310-1053452-21
……………………….………….
Ambassador, Permanent Representative
to the EU
Raimundas Karoblis
……………………………..…..
_________________________
(Signature)
(Seal)
____________________________
(Signature)
(Seal)
Phone: (32) ……………………..
Fax: (32) ………………………..
E-mail: ………………..………..
Bank: ………………………..…
Account No. …………………….
……………………..…………..