Notification of termination of the system maintenance agreement
To the Director of a Limited Liability Company
responsibility of "P L "
By...A.V.
BIN .............
050019 Republic of Kazakhstan city
Almaty, T.... district mkr-n, K.... d. 282.
+ 7 777 …
….
From the contractor: Limited Liability Company
responsibility "With. control"
BIN …
Republic of Kazakhstan city of Almaty,
Bostandyk district, T.. St., zd.42, building 15/3b, office 3.
.
Notification
termination of the system maintenance agreement
On July 01, 2024, P.T. L.s LLP, represented by Director P.A.A., hereinafter referred to as the Customer, and S. Control LLP, represented by Director General B. N.L., hereinafter referred to as the Contractor, concluded Contract No. 119 for system maintenance (hereinafter referred to as the Contract).
The above relations correspond to clause 1 of Articles 151, 616 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). Also, under the contract, one party (contractor) undertakes to perform certain work on behalf of the other party (customer) and deliver its result to the customer within the prescribed period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work).
According to this agreement, there are currently significant disagreements and mutual claims between us regarding the performance of the work. The Contractor, being a respectable and responsible company, has never refused to fulfill its Contractual obligations to the Customer. However, you have not undertaken any constructive dialogue to resolve the current situation. The contractor has fulfilled all the points of the contract to date, however, you are being observed abusing the points of the contract and the norms of legislation for your own unscrupulous selfish purposes. The Contractor considers that all work under this Agreement was performed efficiently and on time in accordance with the terms of the agreement. I believe that you are violating obligations, which makes it impossible for the contractor to provide services properly, and violations indicated by the contractor in writing in the journal when visiting the "Customer's" facilities are not being corrected. In addition, changes are being made by you without discussion and prior agreement, and Additional Agreement No. 1 to the main agreement No. 1119 dated 07/01/2024 was sent to our address for signing, where in paragraph 1 of the agreement you specify to amend paragraph 2.2 of the Agreement when the Customer is called, the Contractor ensures the arrival of his representative at the serviced facility at the request of the Customer currents of 2 hours. Also, make changes to paragraph 3 on payment for work performed, which we do not agree with.
In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law.
Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.
This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Actions of citizens and legal entities aimed at harming another person, abuse of rights in other forms, as well as actions to exercise rights in contradiction with his appointment are not allowed.
According to clauses 9.1, 9.2, this agreement comes into force from the moment it is signed by the parties, and the Contractor undertakes to maintain fire alarm systems from July 01, 2024 to December 31, 2024.
In accordance with clause 11.4, the Agreement is considered terminated after 15 days from the date of receipt by one of the parties of the notice of termination of this agreement, with the exception of payment obligations valid until their full repayment.
Clause 11.3 of the Agreement stipulates that Settlements between the parties upon termination of the Agreement are made on the basis of a protocol on mutual settlements, which is signed by the parties no later than 10 days after one of the parties receives notification of termination of the Agreement. The protocol specifies the total expenses of the parties at the time of termination and the procedure for their implementation.
We hereby notify you of the termination of the Agreement. Contract No. 119 dated July 01, 2024 for the maintenance of systems will be considered terminated after 15 days from the date of receipt, that is, I notify you that the Contract will be considered terminated on December 19, 2024.
According to clause 3, Article 401 of the Civil Code of the Republic of Kazakhstan, the contract is considered amended or
terminated in the event of a unilateral refusal to perform the contract (withdrawal from the contract, respectively, in part or in full (Article 404 of this Code).
In accordance with Article 402 of the Civil Code of the Republic of Kazakhstan, an agreement on amendment and termination of a contract is made in the same form as a contract, unless otherwise provided by legislation, contract or business practices.
A claim to amend or terminate an agreement may be filed by a party in court only after receiving a refusal from the other party to the proposal to amend or terminate the agreement or failure to receive a response within the time period specified in the proposal or established by law or the agreement, and in its absence - within thirty days. We hope for your understanding, and thank you for your cooperation!
With respect,
Director of TOO "S. K.":
December 04, 2024 _________________________ B. N.L.
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