Petition to the court for the appointment of a second additional examination

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To the Specialized Inter-district Economic Court of Almaty

To the judge ___________________.

050008, Almaty, ________________

8 (727) _____________

__________@sud.kz

from the Defendant: : Individual entrepreneur "___________________"

in the face of ___________________

IIN: _________________

Location: Almaty, _____________________.

Representative by proxy:

Sarzhanov Galymzhan Turlybekovich

IIN: 850722301036.

Almaty, Medeu district,050002, Zhibek Zholy ave.,

50, office 202, Business center Block.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 (708) 578 57 58.

                                                                                             

The petition

on the appointment of a re-examination/additional examination

In, your production has a civil case on the claim of the sole proprietor "___________________" ( next, the Plaintiff) to the Sole Proprietor "___________________" (next is the Defendant)  on the recognition of the fact of fulfillment of obligations and the act of work performed as valid. In this civil case, the Court, in accordance with Article 82 of the CPC, ordered a forensic examination of computer technology tools to determine the date and time of the video recording, since this circumstance is essential to the case and it can be clarified as a result of a video phonographic examination conducted by an expert. And also all expenses are assigned to the sole proprietor for the examination. "___________________", because they have filed a claim. Where the examination is entrusted to the State Institution "Institute of Forensic Expertise in Almaty". The following questions have been raised for the expert's permission: - Does the website comply with the requirements set out in the agreement and its annex (point by point)? - Can the website function properly?

Petition to the court for the appointment of a second additional examination

- When and what changes have been made to the website since December 02, 20__? - The date of the final development of the website? To conduct an expert examination, make available to the expert: - a civil case № ___________________ according to the claim of the sole proprietor "___________________" to the sole proprietor "___________________" on the recognition of the fact of fulfillment of obligations and the act of work performed as valid; The subsequent court, at the request of the Expert, additionally engaged a Specialist.

Petition to the court for the appointment of a second additional examination

__.05.20__ of the year, we have reviewed the Expert's Opinion for №__________ dated __.04.20__ of the year and a specialist's Opinion for no. __ of __.04.20__ of the year. Upon examination of both conclusions, we found that the Expert's Conclusion is identical to the Expert's Conclusion. Dear court, we do not agree with the above conclusions, since according to Article 82 of the CPC of the Republic of Kazakhstan, a judicial examination is appointed in cases where circumstances relevant to the case can be established as a result of an examination of its objects conducted by an expert based on special scientific knowledge. The availability of such knowledge from other persons involved in civil proceedings does not exempt the court from the need, in appropriate cases, to appoint an expert examination.

However, we believe that the Expert's and specialist's Conclusions are partially unreliable. Below, we will describe and comment on each point stated by the Specialist as unfulfilled: Preface: __.11.20__ - we have sent a certificate of completed work to Maxis. We have requested the actual address. We have sent screenshots proving the completion of the work on the Application №1. __.11.20__ - We have sent a second letter and video instructions. The actual address was requested. __.11.20__ - we received a response from them with comments. Most of the comments were not based on Appendix No. 1. __.11.20__ - responded to their comments, attached screenshots and instructions. __.12.20__ - We received a complaint from Maxim, which basically says that the language versions are not ready. __.12.20__ - we responded to the claim, also with screenshots, and repeatedly wrote to them that the transfers were not included in the price. __.12.20__ - we received a response from them: We will sign the acts, but only when all the work has been completed in full...” although the work on appendix No. 1 has been completed. A lawsuit was subsequently filed.. __.12.20__ - we also sent an email once again, with a detailed explanation. Administrative Panel: http://______________________ login: _______________________ pass: _______________________ Item No. 3.

Expert opinion stipulated: Photo/Video gallery with the ability to create albums (Work with graphics, automatic image scaling). Due to the fact that there was no separate “Photo and Video Gallery” page among the layouts approved by the Customer, at the initiative of the Customer, we added the ability to upload photo and video materials to any of the pages available on the site. (Any of the available pages can become a “Photo/Video Gallery" page.) In order to verify this, you need to go to the administrative panel: Login link: http:// ____________________ login: ____________________ pass: ____________________ Select the “Pages" menu item. Click on the edit button for any of the available pages. Select “Upload photo” or “Upload video". We sent the Customer a video instruction that shows how to add a photo and video gallery. P.S Due to the fact that Appendix No. 1 is agreed upon by the Parties at the stage of concluding the Contract, and the design layouts are developed by the Contractor after the conclusion of the Contract, the description of the terms of reference is general. This item gets a more specific (individual) description at the stage of design development and layout approval. item 6. Expert opinion: The news/articles module with the output of all news/articles in a list and page–by-page output of each news and archive of news, articles is partially completed. On the website, in the "News" section, the news is displayed in the form of tiles. The news and articles module is present, but there is no functionality for displaying news/articles in a list.

We absolutely disagree with the Expert's arguments. Due to the fact that the layouts approved by the Customer did not have a corresponding button that would allow displaying news in a list, there is no need for this button. (Approved layout in the attachment) P.S. Due to the fact that Appendix No. 1 is agreed upon by the Parties at the stage of concluding the Contract, and the design layouts are developed by the Contractor after the conclusion of the Contract, the description of the terms of reference is general. This item gets a more specific (individual) description at the stage of design development and layout approval, i.e. the location of the news (list or tile) is agreed upon at the stage of layout development based on the individual wishes of the Customer. clause 12. Expert opinion:  4 language versions of the website are available. There are no translations of the content, only the site components have been translated – partially completed.

There is no "Transfers" clause in the Annex to the Agreement. The 4 language versions of the site imply the multilingual nature of the administrative panel and the possibility of posting content information in different language versions. P.S. If the Contract had specified a specific item “Translations”, as well as the number of characters, we would have provided a copywriting service, and added it to Appendix No. 1, since the cost of translations it directly depends on the number of characters. clause 13. of the expert's conclusion: Product catalog (Categories, subcategories) with sorting filters – partially completed. There are no filters or sorting. We absolutely disagree. This point has been implemented. The sorting filter is the modal "Tire Selection" window. Sorting is carried out:

By tire seasonality: Winter/Summer ones.

By tire type: Passenger/Cargo trucks.

By radius

By height

By width

There are no other filters on the layouts approved by the Customer. The approved layout in the attachment. item 15. of the specialist's conclusion: The discount accrual module (The functionality that allows you to add discounts to both an individual user and a group of users) is partially completed. The fields for entering the discount percentage are available in the user's editing functionality. There are no user groups, so it is not possible to check the functionality of adding discounts. Thus, the discount accrual module only works with an individual user. Regarding this point, we agree, the functionality is really not fully implemented. Group discounts have not been implemented, we have repeatedly requested information from customers on the implementation of this item, but unfortunately we have not received an objective response. Therefore, this item was implemented at our discretion. paragraph 16. Expert opinion:  Personal account with the order history is not completed. In the personal account, the order history is called the "Browsing History".

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       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.  

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