On the ratification of the Agreement between the Republic of Kazakhstan and the Islamic Development Bank on the authority of the Republic of Kazakhstan to purchase and sell equipment as an agent on behalf of the Bank and for the Bank for use in the project of the Scientific Center of Surgery. Syzganova
To ratify the Agreement between the Republic of Kazakhstan and the Islamic Development Bank on the authority of the Republic of Kazakhstan to purchase and sell equipment as an agent on behalf of the Bank and for the Bank for use in the project of the Scientific Surgery Center named after him. Syzganova.
President of the Republic of Kazakhstan
Agreement between the Republic of Kazakhstan and the Islamic Development Bank on the authority of the Republic of Kazakhstan to purchase and sell equipment as an agent on behalf of the Bank and for the Bank for use in the project of the Scientific Center of Surgery named after. Syzganova
This Agreement was concluded on February 15, 1998 between the Republic of Kazakhstan (hereinafter referred to as the "Agent") and the Islamic Development Bank (hereinafter referred to as the "Bank"). Whereas, A - the Agent requested the Bank to purchase the equipment specified in Annex I to this Agreement (hereinafter referred to as "equipment") and sell this equipment to the Agent for the project purposes set out in Annex II to this Agreement; B - the Bank agrees to purchase equipment only for an amount not exceeding 4,500,000 dollars. United States (four million five hundred thousand dollars) USD) and sell it to the Agent on the basis of an installment sale, provided that the sale price must be paid to the Bank 8 years after the end of the two-year period of "maturation" of investments in fixed assets and a surcharge (on production costs) of 7% (seven percent); C - The Agent has read and accepted the terms of Paragraph (In). An agreement has been reached on the following:
1. Definitions In this Agreement, unless the content requires otherwise, the following terms mean: (a) The Approved Amount is the amount specified in Paragraph B of the preamble to the Agreement. (b) Equipment - the equipment and machines specified in Annex I to this Agreement and accessories forming an integral part of them. (c) The seller is the supplier of the equipment, regardless of whether he is its manufacturer or not. (d) Purchase contract(s) - a contract(s) for the purchase of equipment concluded by an Agent acting for and on behalf of the Bank and the Seller. (e) Purchase price - such amounts for equipment to be paid under the purchase contract, including the production price ("cost price") equipment, any transportation and insurance costs, as well as other such services, payable by the Bank under this Agreement. (f) Project - the project described in Annex II. (g) Delivery Date - the date on which the Agent delivers the equipment on behalf of the Bank. (h) Effective Date - the date on which the Agreement is declared valid and on which the Bank has notified the Agent. (i) General Conditions - the conditions set out in Annex V to this Agreement. The agreement. (j) A Sales Agreement is an agreement that must be concluded in accordance with Section 7 of this Agreement between the Bank and the Agent. Under the terms of Article 7.02 of the General Terms and Conditions, the Agreement must include the offer and acceptance of the telexes provided for in Annexes III and IV, as well as the General Terms and Conditions.
2. Permission for the Agent to purchase and deliver equipment 2-1. Under the terms of Section 9 of this Agreement, the Bank hereby authorizes the Agent to: a - on behalf of the Bank and in accordance with this Agreement, negotiate and negotiate with the Buyer on the price of the equipment, all its specifications and other conditions for the purchase and delivery of the equipment to the Bank. b - deliver the equipment on behalf of the Bank in accordance with the terms of the purchase contract. 2-2. The Agent guarantees the purchase of equipment in accordance with the Bank's procedures. Without contradicting most of the conditions set out above, the Agent must comply with the Regulations of the Organization of the Islamic Conference regarding the Boycott of Israel. 2-3. The Agent guarantees that any purchase contract must: a - provide that ownership of the equipment is transferred directly from the buyer to the Bank; b - provide appropriate insurance of the equipment represented by the Bank during transit and until the equipment is sold To the Agent in accordance with the Agreement, for the full cost of insurance compensation against such risks that normally arise during transportation of equipment, thus for this type of equipment, including marine and transit insurance. Equipment insurance must be provided by a decent insurance company that satisfies the Bank. The agent must ensure that, under the terms of such insurance, the funds are paid in freely convertible currency. 2-4. The Agent must not conclude any contract for the purchase of equipment until the Bank has approved the terms of the draft purchase contract. 2-5. The Agent must not agree to any addition, modification, waiver or deviation from the terms of any purchase contract approved by the Bank until he receives the Bank's prior approval for such addition, modification, waiver or deviation from the terms. 2-6. The Agent's authority to purchase equipment on behalf of the Bank must expire on the date on which the cumulative total purchase price will be 4,500,000 US dollars (four million five hundred thousand US dollars) only or after the termination of this Agreement, no matter how early it is implemented.
3. Acceptance of the Agency The Agent agrees to negotiate on behalf of the Bank and in accordance with this Agreement with the seller, to negotiate with him on the purchase of equipment and its delivery from the seller on behalf of the Bank.
4. Project Execution 4-1. The Agent guarantees that, when executing the purchase contract, he will immediately notify the Bank with due diligence and care of any delay or violation of the purchase contract, and will also consult with the Bank on measures to be taken against the buyer if the delay or violation of the contract is his fault. 4-2. The Agent must provide a reasonable opportunity for accredited representatives of the Bank to make visits to inspect the project, equipment and any related records and documents.; and must also provide the Bank, upon request, with such information about the expenses of the approved amount, project, equipment, operations and financial condition of the Agent.
5. Delivery of equipment 5-1. The Agent guarantees to conduct an examination of the equipment before its delivery to ensure that it complies with the specifications of the purchase contract and to assure that the equipment is in good condition and has no defects that could appear during a proper inspection. 5-2. The Agent guarantees that as soon as he conducts an inspection of the equipment, he will immediately inform the Bank by telex about the results of the inspection. In particular, the Agent must inform the Bank whether he finds the equipment to be in accordance with all parameters of the purchase contract and will undertake its delivery, or whether he finds the equipment unsatisfactory under the terms of the purchase contract. If the Bank does not receive such notification within 30 days from the date of delivery, the Bank must assume that the Agent has assumed responsibility for ensuring that the equipment meets all the parameters of the purchase contract. 5-3. If, as a result of an inspection of the equipment, it is found that it does not comply with any parameter of the purchase contract. The Agent must immediately contact the Bank and consult, reject and return the equipment to the seller, or accept the equipment and sue the seller for damages. 5-4. The Agent must, in the period from the date of delivery to the effective date Sales agreements are responsible for any defect or damage to the equipment that is caused by abuse of power or oversight during storage of the equipment.
6. Payment of the purchase price 6-1. The Bank guarantees to pay the purchase price in accordance with the terms of the purchase contract and in accordance with the Bank's payment procedures, after it meets the following conditions: a - the purchase of equipment was made in accordance with the Bank's procedures or any other procedures approved by the Bank; b - the terms of the contract for the purchase is approved by the Bank; c - the description of the equipment to be paid for corresponds to Annex I to this Agreement; d - the total amount of the purchase price must not exceed the approved amount. 6-2. If, within 180 days from the effective date or such later date as will be agreed between the Bank and the Agent, the Agent has not submitted to the Bank for consideration a request to make the first payment of the purchase price, the Bank may terminate this Agreement by duly notifying the Agent. 6-3. If any part of the approved amount remains unused before December 31, 2000, or such later date as must be agreed between the Bank and the Agent, the Bank may, after consultation with the Agent, cancel the part that has not been used.
7. The Agent's promise to purchase the equipment The Bank's promise to sell the equipment 7-1. The Agent promises to purchase the equipment from the Bank and the Bank promises to sell the equipment to the Agent on the terms approved by the Bank (according to paragraph B of the Preamble to the Agreement), as well as in accordance with the General Terms and Conditions. 7-2. The sale agreement must be concluded between the Bank and the Agent through the exchange of telexes immediately after the delivery date. The telexes to be exchanged must contain an offer The Agent in the form of Appendix III, and the Bank's consent to pay for monetary and commodity documents in the form of Appendix IV. 7-3. If, for any reason, the Agent must refuse or will not be able to deliver all or any part of the equipment, or must refuse or will not be able to enter into a Sales Agreement in accordance with Section 7-2 of this Agreement, the Bank will have the right to deliver the equipment or make every effort to ensure that its delivery is carried out (but without any obligation on his part to carry it out) in such a way as is determined at his sole discretion, and will also have the right to carry out any necessary, in his opinion, measures, to reimburse the difference between the sale price and the price paid by the Bank, plus other expenses incurred in connection with the equipment.
8. Representative offices and Agent Guarantees The Agent represents and guarantees the Bank the following: (1) that all necessary actions legally necessary for the legal entry, exercise of its rights and fulfillment of obligations guaranteed in this Agreement and the Sales Agreement have been duly undertaken, have full force and effect. (2) that the obligations guaranteed by him in this Agreement and the Sale Agreement are lawful, binding and valid in accordance with the laws of Kazakhstan, and that it is not necessary for the lawful execution, validity or judicial enforcement of the two Agreements to record, record or register in any court or government agency of Kazakhstan. 9. Entry into force of the Agreement This Agreement shall not enter into force until the Bank has been provided with a certificate that the signature of the Agreement on behalf of the Agent has been duly authorized in accordance with the laws in force in Kazakhstan.
10. Termination of the Agreement due to the impossibility of its entry into force If this Agreement does not enter into force before June 30, 1998, the Agreement and all obligations of the parties under it must terminate until the Bank, after reviewing the reasons for the delay, sets a later date for the entry into force of the Agreement. The Bank must immediately inform the Agent of such a later date.
11. Cancellation and suspension 11-1. Until a contract has been concluded providing for financial responsibility for performing transactions with or on behalf of a third party by the Bank: 1) The Agent may request the Bank to cancel the approved amount or part of it. 2) The Bank may, by notifying the Agent, suspend payment of the purchase price or any part thereof in any of the following cases: a - the Agent's inability to fulfill its obligations to pay any amount owed to the Bank or any other branch of the Bank under any Agreement other than this Agreement; b - the Agent has failed to fulfill anyeither of the obligations of the present Agreement; c - The Agent has declared a moratorium on the payment of his debts; d - an emergency situation should arise, which (i) should, in the opinion of the Bank, lead to the inability of the Agent to carry out the project, or (ii) should hinder the achievement of the objectives of this Agreement; e - Kazakhstan should suspend membership in the Bank or terminate membership in the Bank; f - a statement made by the Agent or, under the terms of this Agreement Of course, any application submitted during the implementation of the project for approval by the Bank or for the conclusion of this Agreement will be incorrect in any material aspect.; g - any financing of the project by the co-financing authority has been suspended. Payment of the purchase price by the Bank must continue to be subject to termination in whole or in part until the case or cases that caused such suspension cease to exist, or until the Bank notifies the Agent that the Bank's obligation to pay the purchase price will not be restored, regardless of the earlier deadline, provided that that, in the case of any such notice of restoration, the obligation to pay the purchase price should be restored only to the extent and under the conditions set forth in such notice, and such notification shall not affect or prejudice any right, authority or measure of the Bank in relation to any other or subsequent case described in this section. 11-2. Pursuant to Sections 6-2 and 6-3 of this Agreement, if (a) that the Bank's obligation to pay the purchase price is to be suspended in respect of any portion of the approved amount for a period of 90 days, or (b) At any time, the Bank determines, after consulting with the Agent, that any part of the approved amount will not be required to finance the project, the Bank may notify the Agent of the termination of payment of such part of the amount. That part of the amount must be considered cancelled upon notification.
12. Release from Obligations The Bank's inability to exercise or assert its rights under this Agreement, or delay in such exercise or enforcement, or inability to exercise or approve any remedy against the Agent, or delay in such exercise or approval, shall not prejudice such right or remedy and shall not be construed as release from obligations or protective equipment.
13. Governing Law, Dispute settlement 13-1. This Agreement must be governed by and interpreted in accordance with the principles of the Islamic Sharia. 13-2. Any dispute that has arisen between the parties to this Agreement or The Sale Agreement, or any claim by one of the parties against the other party arising under this Agreement or the Sale Agreement that cannot be resolved by agreement between the parties within 60 days from the date of notification by one party to the other, must be submitted to the Arbitration Court. a - the parties to such arbitration must be the Bank (Seller), on the one hand, and the Agent (Buyer), on the other hand. b - The arbitral tribunal shall consist of three arbitrators appointed as follows: One of the arbitrators must be appointed by the Bank (Seller); the other must be appointed by the Agent (Buyer), and the third arbitrator (hereinafter referred to as the "Judge") must be appointed by agreement of the parties or, if the parties have not agreed among themselves, he must be appointed by the Secretary General of the Islamic Conference. If one of the parties does not appoint an arbitrator, such an arbitrator must be appointed by the Judge. In the event that any arbitrator appointed in accordance with this section resigns from his duties, dies or is unable to act, his successor shall be appointed in the same manner as the previous arbitrator, and such successor shall have all the powers and duties of such previous arbitrator. c - Arbitration procedures may be introduced under this section upon notification by the party that establishes such procedures for the other party. Such notification must contain a statement stating the nature of the dispute or claim to be submitted to arbitration, as well as the nature of the assistance found and the name of the arbitrator appointed by the party establishing such procedures, as well as the name of the proposed Judge. Within 30 days of notification, the other party must inform the party establishing the procedures of the name of the arbitrator appointed by such other party and its agreement or disagreement with the appointment of the proposed Judge. d - If, within 60 days of such notification of the establishment of arbitration procedures, the parties have not reached an Agreement on a Judge, one of the parties may request the appointment of a Judge in accordance with paragraph (b) of this subsection. The e - Arbitration Court must be convened at such time and place as will be determined by the Judge. The arbitration court must determine where and when its meetings will be held. f - Under the terms of this section and except where the parties have agreed otherwise, the Arbitral Tribunal must resolve all issues related to its jurisdiction and determine its procedures. All decisions of the Arbitration Court must be made by a majority vote. g - The arbitral tribunal must hear all parties and make arbitral awards in writing. An arbitral award signed by a majority of the votes of the Arbitral Tribunal must be an arbitral award of such a court. A signed copy of the decision must be provided to each party. Any such arbitration award made in accordance with the terms of this section shall be final and binding on the parties to this Agreement. Each party must adhere to the award made by the Arbitral Tribunal in accordance with the terms of this section. h - The parties must set a fixed amount of remuneration for arbitrators and other persons involved in conducting arbitration procedures. If the parties have not agreed on such an amount before the convening of the Arbitration Court, then in such circumstances the court must appoint such an amount. The Bank (Seller) and the Agent (Buyer) must cover their own costs in the arbitration proceedings. The costs of the Arbitration Court must be divided between and covered jointly in equal proportions by the Bank (Seller) and the Agent (Buyer). Any issue regarding the division of the costs of the Arbitral Tribunal or the procedures for the payment of such costs must be determined by the Arbitral Tribunal. i - The terms of arbitration set out in this section should be applied instead of any other procedure for determining disputes between the parties to this Agreement or any claim that has arisen from one party to the other party. j - If, within 30 days after copies of the award are delivered to the parties, it is not enforced, then either party may impose a court decision or enter into a judicial enforcement procedure in any court of competent jurisdiction against any other party, may enforce such court decision or take any another appropriate measure against such other party for the purpose of judicial enforcement of the terms of this Agreement. Agreements or Agreements on Installment sales. k - Service of any notification or process related to the procedures under this Section or to any enforcement procedures for any arbitral award made under this section may be performed in accordance with section 14 of this Agreement. The Parties to this Agreement waive any and all other maintenance requirements for any such notification or process.
14. Notifications 14-1. Any notification or request to be issued under this Agreement to the other party must be completed in writing and sent by telex or fax. Such notification or request must be considered duly executed and executed if it is delivered by hand, by mail, telegram, telex or fax at the required address.
or an authorized address, or sent to the opposing party at its address specified in subsection 14-2 of this Agreement, or at such address that such addressee has assigned to the party and communicated it to the party issuing such notification or making the request.
14-2. According to subsection 14-1, the parties to this Agreement provide their addresses: Bank: Islamic Development Bank of R.O. Voh: 5925 Jeddah - 21432 Kingdom of Saudi Arabia Telex: 601137 ISDB SJ BANKISLAMI JEDDAH Fax: 6366871 Agent: Scientific Center of Surgery named after Syzganova Zheltoksan 62, 480004, Almaty, Kazakhstan fax: 324844 telex
I certify that the parties to this Agreement have signed this Agreement as of the date specified in the preamble to the Agreement.
Appendix-I List of equipment
Equipment for cardiovascular surgery: Magnetic Resonance Imaging (MRI CT Scan) (computed tomography) Anesthesia equipment for the operating room, including monitors, gas compressors and other equipment Artificial lung ventilation System Monitor system for 10 seats Transplant equipment: Autotransfusion system (Seguestra) AST II (Automatic Coagulation Chronometer) Hemostasis Control System (Nemostatis) Lamps for operating rooms Annex-II Project Description
The purpose of this project is restoration and equipment Scientific Center of Surgery named after Syzganova, Almaty, Kazakhstan. The center is designed to provide all services for the treatment of patients suffering from heart, kidney, liver and lung diseases, in accordance with international standards, without the need for patients to be treated abroad. Better equipment should attract potential patients from neighboring countries. In addition, the completion of the project will contribute to the achievement of the following objectives: (1) To be a Center in the country providing conditions for the treatment of cardiovascular diseases, kidney, liver diseases, etc. (2) To provide training on heart, kidney and liver diseases to students of medical institutions and doctors working in the health sector, as well as other medical professionals. (3) Provide postgraduate medical education, training and
research in the field of heart, kidney and liver diseases. Appendix-III Form of the Islamic Development Bank Proposal Jeddah Kingdom of Saudi Arabia Telex No. 601137 ISDB SJ We, the Government of the Republic of Kazakhstan, in accordance with the Agreement concluded by us with the Islamic Development Bank, dated _______, and in accordance with Section 7 of this Agreement, propose to purchase the equipment that we delivered on behalf of the Islamic Development Bank on the terms set out in paragraph (B) the Preamble to the Agreement and Annex-V to this Agreement. Appendix-IV Acceptance Form In response to your offer set out in telex no.____, dated _______, the Islamic Development Bank, in accordance with Section 7 of the Agreement concluded between us ________, hereby agrees to sell to you under the terms of paragraph (B) of the preamble to the Agreement and Appendix V to the equipment that you delivered on behalf of the Bank. The amount of the purchase price contributions and their payment dates are as follows:
Islamic Development Bank
Appendix-V
General terms and conditions
1. Definitions In the General Terms and Conditions set out below, some terms have the following meaning::
A. (i) "Agency Agreement" means an Agreement concluded between the Islamic Development Bank and the Government of the Republic of Kazakhstan in which the Bank is authorized to purchase and deliver the equipment listed in Annex I to the Agreement on behalf of the Bank; (ii) "Seller" means the Islamic Development Bank; (iii) "Buyer" means the Republic of Kazakhstan. V. Unless otherwise provided in the content, all terms used in the Agreement should have the same meaning as in the Agency Agreement, and the following terms mean the following: (i) "Maturation period of capital investments" means such a period beginning on the date of the first payment of the purchase price and ending after two years, or any other period approved by the seller. (ii) "Effective date of the Sales Agreement"0 means the date on which the Sales Agreement becomes or is deemed to be in force in accordance with article 7 of the Agreement. (iii) "Business Day" means any day on which banks are officially open for business, where the amount or amounts are payable by the Buyer To the Seller as part of the Sale Agreement in the currency in which such payments are to be made. (iv) "Tax" means any tax, fee, duty, customs duty or other charge of that nature (including without limitation any fine payable by the Buyer to the Seller in connection with non-payment or delay in payment). (v) "Sale price" means the price of the equipment to be paid By the Buyer to the Seller in accordance with clause 3 of the Agreement. (vi) "Islamic Dinar" ("ID") means the monetary unit of the Seller, determined in accordance with Article 4(1)(a) of the Agreement, which establishes Seller - One Islamic Dinar is equivalent to one Special Drawing Right (SDR) in the International Monetary Fund.
2. Transfer of ownership of the equipment to the Buyer. 2.1. Ownership of the equipment must be transferred To the Buyer on the effective date of the Sale Agreement. From now on The buyer disposes of the equipment as the owner and must bear the risks of damage, loss or damage from the specified date. 2.2. The buyer confirms and accepts that he has inspected the equipment and found it in good condition, without any damage that could appear during a proper inspection, and that it meets the specifications set out in the sales contract in all respects. 2.3. If hidden damage to the equipment is detected, the Seller guarantees to allocate to the Buyer a monetary amount of any guarantees, conditions or guarantees related to the equipment that may be issued. To the Seller by the supplier and which have been studied and accepted by the Buyer, as well as all guarantees or guarantees that may be provided by law or recognized by custom in favor of the Seller. In addition to such allocation The Seller must perform such other action as the Buyer reasonably requests in order to grant him the right to file a claim against the supplier.
3. Sale Price 3.1. When considering the Seller selling the equipment to the Buyer, the Buyer guarantees to pay the Seller the sale price indicated in the contribution table, which must be provided by the Seller to the Buyer in a telex, which agrees to pay the bills provided for in Annex IV to this Agency Agreement (or in accordance with the buyer's notification under subparagraph 3.2). Payment must be made in sixteen semi-annual, equal and consecutive installale Price 3.1. When considering the Seller selling the equipment to the Buyer, the Buyer guarantees to pay the Seller the sale price indicated in the contribution table, which must be provided by the Seller to the Buyer in a telex, which agrees to pay the bills provided for in Annex IV to this Agency Agreement (or in accordance with the buyer's notification under subparagraph 3.2). Payment must be made in sixteen semi-annual, equal and consecutive installments. The first installment must be paid after six months from the The first installment must be paid after six months from the end of the investment maturity period, and each subsequent installment must be paid after six months from the payment date immediately preceding this one. 3.2. If, according to the terms of the purchase contract, different items of equipment must be delivered on different dates, the contributions of the sale price and the payment date must be determined and communicated to the Buyer after the date of delivery of the last item of equipment. 3.3. For payments of the Buyer's sale price contributions to the Seller that occur in a special year or before such payment dates, the Buyer must be entitled to a discount of 15% of the premium due To the Seller in respect of those contributions for such a year.
4. Payments 4.1. According to sub-clause 4.4, each payment that must be
made by the Buyer to the Seller under this Agreement, must be made in any convertible currency that satisfies the Seller, at the value on the date of payment to the Smade by the Buyer to the Seller under this Agreement, must be made in any convertible currency that satisfies the Seller, at the value on the date of payment to the Seller's account or in such other way that the Seller may notify the Buyer in writing from time to time. 4.2. All payments to be made to the Seller under this Agreement shall be deemed to have been duly executed if any of the following banks confirms receipt of such payment to the Seller's account: (a) If such payment is made in US dollars. USA: (i) Account no. 001591.11 Saudi International Bank 99, Wishorgate, London EU 2M ZTV Telex: 8812261, 8812262 (ii) Account no. B 10507 Arab Banking Corporation R.O.Voh: 5698, Mapama Wahgain Telex: 9385, 9431/2/3 9442 AVSVAN VN (b) If such payment is made in French francs: Account no. 96965.9.001.00 Union De Bangues Arabes Et Francaises (U.V.A.F.) 190 Avenue Char De Gaulle 92523 Neuilly Ce, All Telex: UBAFRA (with) If such payment is made in pounds sterling: Account no. 708372sinternational Bank 2-6 Sapop Street, London EU 4M 6HR Telex: 8813326, 8812889
4.3. If any payment falls on a day other than a business day, the payment must be made on the next business day. 4.4. The Islamic Dinar is the unit of account for which each amount is due from the Buyer at any time under this Agreement. If it is necessary to transfer any amount in Islamic 4.3. If any payment falls on a day other than a business day, the payment must be made on the next business day. 4.4. The Islamic Dinar is the unit of account for which each amount is due from the Buyer at any time under this Agreement. If it is necessary to transfer any amount in Islamic Dinars to any other currency or vice versa, the applicable interest rate must be set by the Seller. The seller usually performs such a conversion based on the existing Special Drawing Rights (SDR) interest rate at the International Monetary Fund, in agreement with the IMF, on the date of such payments. 4.5. All payments made by the Buyer under the Agreement must be free and clean, without deductions or due for any tax, compensation, counterclaim, etc. If, by law, the Buyer is required to make such deductions or deductions from the amount payable under this Agreement, the amount to be paid by him, in resIf, by law, the Buyer is required to make such deductions or deductions from the amount payable under this Agreement, the amount to be paid by him, in respect of which such deductions or deductions must be made, must be increased to the extent necessary to ensure that, after making such deduction or deduction, the Seller receives and retains (free from any obligation with respect to such deductions or deductions) a net amount equal to the amount he would have received and thus kept without deductions or deductions.
5. Violation of the Buyer's obligations The Buyer has violated its obligations under the Sale Agreement if: (a) The Buyer is unable to make full payment of any amount due under the Sale Agreement within 30 days after the due date of the amount (acceptance of a partial payment by the Seller should not establish a waiver of the Buyer's inability to make full payment); or (b) It will be proven that any representation or surety The Buyer's statement in the Agency Agreement is incorrect or false in any material matter as of the date of its implementation; or (c) the Buyer fails to comply with or violates the material terms of the Sale Agreement.
6. Protective measures If the Buyer violates any of its obligations under According to the Agreement, the violation of which will not be eliminated within 30 days after the date on which the Seller notified the Buyer of such viol6. Protective measures If Buyer violates any of its obligations under According to the Agreement, the violation of which will not be eliminated within 30 days after the date on which the Seller notified the Buyer of such violation, the Seller may declare unpaid the remaining amount of the sale price, which must be paid immediately, after which the Buyer must immediately pay the unpaid remaining amount of the sale price to the Seller in installments along with any other amount to be paid A real seller The agreement.
7. Effective Date of the Sale Agreement 7.1. The Sale Agreement must 7. Effective Date of the Sale Agreement 7.1. The Sale Agreement must enter into force on the date on which telex accepts the Seller in accordance with Section 7-2 of the Agency Agreement. The Agreement is transferred by the Seller to the Buyer. 7.2. The buyer will not be entitled to use the equipment earlier than the effective date of the Sales Agreement. However, if the Buyer is unable to send a telex with an offer, according to Section 7-2 of the Agency Agreement, within 21 days from the date of delivery, the
8. Reporting The Buyer guarantees to submit the following reports to the Seller for review: (a) Within three months after the effective date of the Agency Agreement. A report on the results and progress of the Project every three months, as determined from time to time by the Seller; (b) Immediately after completion of the project, a completion report to the extent and in as much detail as requested by the Seller for the initial project operation; (c) Any other report or information that the Seller can request.
9. Waiver of obligations of the right of claim The Seller's inability to fulfill or approve any of his rights under the Sale Agreement or his delay in fulfilling or approving the right, or the Seller's inability to fulfill or approve any protective measure against the Buyer or delay in such fulfillment or approval, shall not prejudice such right or a protective measure and should not be interpreted as a waiver of such a right or protective measure.
10. Governing Law, dispute settlement 10.1. The sale agreement must be regulated and interpreted in accordance with the principles of the Islamic Sharia. 10.2. The Seller and the Buyer must make every effort to resolve amicably any dispute regarding the interpretation or implementation of the Sales Agreement. Any dispute that needs to be resolved amicably must be referred to the arbitration court in accordance with the arbitration procedures set out in Section 13 of the Agency Agreement.
11. Notices Any notice or request required by the Sales Agreement for the opposing party must be completed in writing and transmitted by telex or fax. Such notification or request shall be deemed duly executed when it is delivered by hand, by mail, telegram, telex, or fax to an address required or authorized by the other party and specified in Section 14-2 of the Agency Agreement, or to such other address as such addressee has provided to the opposing party such notification or request.
* * * This Law establishes the rules for registering the pledge of movable property in order to realize and protect the rights of individuals and legal entities with legitimate rights to this property.
The Law of the Republic of Kazakhstan dated June 30, 1998 No. 254.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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