Contract for the supply of equipment to the facility
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CONTRACT NO........
city of Almaty "06" August 20...
Citizen of the Republic of Kazakhstan ............ hereinafter referred to as the "Customer", on the one hand, and the Firm LLP "........", hereinafter referred to as the "Supplier", represented by Director Raimzhanov J.D., acting on the basis of the Charter on the other hand, hereinafter collectively referred to as the "Parties", have entered into this Equipment Supply Agreement.
1.Subject of the Agreement 1.1. The Supplier undertakes to transfer the equipment to the Customer's ownership, hereinafter referred to as the "Goods", and the Customer accepts and promptly pays in quantity, assortment and at the Supplier's prices, within the time limits stipulated in this Agreement. 1.2. Upon request of the Customer, the Supplier provides the equipment according to the specification approved by Appendix No. 1 to this Agreement, which is an integral part of this Agreement. 1.3. The amount of this Agreement is KZT 7,685,638 (seven million six hundred eighty-five thousand six hundred thirty-eight). 1.4. The Supplier guarantees to the Customer that he is the owner of the delivered Goods. 1.5. The Supplier is obliged to transfer the Goods to the Customer without encumbrances and free from any rights of third parties.
2. Terms of payment and procedure for the delivery of equipment 2.1. The "Customer" makes an advance payment in the amount of 100% (one hundred percent) for the equipment from the contract amount, which is KZT 7,685,638 (seven million six hundred eighty-five thousand six hundred thirty-eight). The contract for the supply of equipment to the facility 2.2 of the Equipment is accepted by the Customer and/or by proxy by his representative at the warehouse of the LLP Firm "...." located at the address Almaty, mkr....., 71 "V" in the presence of the responsible person on the part of the Supplier. During the acceptance of the equipment, the Customer's representative checks the equipment in terms of quantity and for external defects. In the absence of external defects, the representative must accept the equipment and sign the invoice. After signing the expense invoices, claims to the appearance and quantity of the "Supplier" are not accepted. 2.3 The "Customer" assumes responsibility for the safety of the equipment from the moment of their receipt. 2.4 The "Customer" makes the payment to the bank payment details of the "Supplier" or by depositing cash at the cashier of the "Supplier". 2.5The terms of delivery of the equipment are specified in Appendix No. 1, from the warehouse of the LLP Firm "...." Almaty. 2.6. In case of delay and violation of delivery dates, or replacement of Goods, the Customer has the right to collect from the Supplier a penalty in the amount of 0.1% (zero point one percent) of the amount of the Goods not delivered or undelivered, but not more than 10% (ten percent) of the value of the Goods not delivered or undelivered. 2.7. The price of the declared and paid Goods is fixed and cannot be changed in the direction of increase or decrease without the agreement of the parties.
3. Warranty period 3.1 This Agreement comes into force from the moment of its signing by the Parties and is valid until the Parties fully fulfill their obligations under this Agreement. 3.2 This Agreement is terminated after the Parties fulfill their obligations stipulated in the terms of this Agreement, and with respect to the warranty period – upon its expiration. 3.3 The equipment is provided with a factory warranty, the warranty period is 12 (twelve) months from the date of receipt and signing of the invoice. 3.4 The contract for the supply of equipment to the facility is considered invalid if the "Customer" fails to comply with the Operating Instructions and storage conditions, which are an integral part of this Agreement. 3.5. In case of detection of a factory defect during the warranty period, confirmed by the conclusion of independent experts, the "Supplier" guarantees the replacement of such equipment with similar equipment as soon as possible. The replacement time depends on the equipment that needs to be replaced, on the time of manufacture at the factory and delivery of such equipment to the Supplier's warehouse, if this equipment is imported into the Republic of Kazakhstan. 3.6 The payment for the independent expert examination is paid by the party found guilty by the experts.
4.Liability of the Parties 4.1. For non-fulfillment and/or improper fulfillment of their obligations under this Agreement, the Parties are responsible in accordance with the current legislation of the Republic of Kazakhstan. 4.2. Payment of the penalty does not release the guilty Party from fulfilling its obligations under this Agreement. 4.3. The "Supplier" for late delivery of equipment, and the "Customer" for late payments, are liable in the amount of 0.1% (zero point one tenth percent) for each day of delay of the amount of overdue or not delivered equipment, but not more than 10% (ten percent) of the amount of this Agreement.
5. Dispute Resolution 5.1 The Parties will strive to resolve all disputes (disagreements) that may arise from this agreement through negotiations. 5.2 If disputes (disagreements) are not settled through negotiations, they are subject to resolution in the Specialized Interdistrict Economic Court of Almaty in accordance with the procedure provided for by the current legislation of the Republic of Kazakhstan.
6.Force Majeure 6.1. Neither Party is responsible for the full or partial non-fulfillment of its obligations under this Agreement if this is caused by such force majeure circumstances as: flood, fire, earthquake and other natural disasters, as well as war, hostilities, riots that arose after the conclusion of this agreement., or the adoption of government regulations that make it impossible to fulfill this contract. The above list of force majeure circumstances is not exhaustive. 6.2. If any of the force majeure circumstances directly affected the fulfillment of obligations on time, then this period, accordingly, is postponed for the duration of this circumstance, unless otherwise agreed by the Parties. 6.3. The Party for whom force majeure circumstances have arisen is obliged to notify the other Party about this no later than 3 (three) calendar days (by letter, fax), as well as the date of their expected termination. The proof of force majeure circumstances is a corresponding document issued by the Chamber of Commerce and Industry of the country where the Party for whom force majeure circumstances have arisen is located. 6.4. The contract for the supply of equipment to the facility is proved by the relevant document issued by the Chamber of Commerce and Industry of the country of location of the Party for whom force majeure circumstances have arisen. 6.5. In the event that force majeure circumstances or their consequences continue to be in effect for more than one month and if, upon the occurrence of these circumstances, it becomes obvious that they will be in effect for more than this period, the Parties shall negotiate in order to identify acceptable ways for them to fulfill this agreement or terminate it. Upon termination of this agreement, all funds transferred that are not supported by the delivery of Products must be returned to the Buyer's current account within 5 (five) banking days from the date of signing by the Parties of the agreement on termination of the contract.
7. Final Provisions 7.1. This Agreement constitutes the entire agreement between the Parties and supersedes all previous oral and written agreements between them concerning the subject matter of this Agreement. 7.2. All changes and amendments to the Agreement are valid only if they are drawn up in writing and signed by authorized representatives of the Parties. 7.4. The equipment paid for by the Customer specified in Appendix No. 1 cannot be changed or refunded. 7.5. In case of a change by the Customer of the equipment specified in Appendix No. 1, the Customer purchases additionally from the Supplier. 7.3. Each of the Parties is obliged to perform all actions and sign all documents within its competence in order for this Agreement to be in full force in accordance with its provisions and to ensure the fulfillment of all points of this Agreement. 7.4 Third parties who are not Parties to this Agreement have no rights under this Agreement. 7.5 This Agreement may not be assigned by the Parties to third parties without the written consent of the other Party. 7.6 The successors of the Parties or other new participants may become a party to the Agreement with the consent of the other Participants, provided that the successors (new participants) sign this Agreement. 7.7. All notifications in connection with the Agreement are sent by the Parties in Russian in writing by registered mail with delivery notification or by courier using the details specified in the Agreement. Contract for the supply of equipment to the facility 7.8. Each of the Parties to this Agreement shall notify the other Party of a change in the address or e-mail address or telephone, fax or similar communication numbers as soon as possible, but in any case within 24 (twenty-four) hours. hours after such a change. 7.9 This agreement is drawn up in two (2) copies having equal legal force, one copy for each of the Parties.
8. Legal addresses and bank details: Customer: Supplier:
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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