Download Delivery Contract

Delivery Contract № ____
Minsk City
Code___________
__________
Ludmila Headwear Factory CJSC, hereinafter referred to as the «Supplier», acting in his capacity as
Director Zhabort Anatoliy Gennadyevich on the ground of the Charter, on the one hand, and
______________________________________, hereinafter referred to as the «Customer», acting in
his/her capacity on the ground of____________________, on the other hand, have entered into the
Contract herein on the following:
1. Subject of the Contract
1.1 The Supplier undertakes to provide and the Customer is obliged to accept and pay for the goods
in quantity and stock stipulated in specification, market-transport consignment note that are an
integral part of the Contract herein.
1.2 Accurate definition of specification is allowed by the Parties by post, wire or fax no later than a
thirty-day period before the beginning of delivery period.
1.3 The objective of acquiring the goods is retail and wholesale trade in accordance with the quotas
established by the Council of Ministers of the Republic of Belarus.
2. Quality, Marking and Packing of the Goods
2.1 The quality of the goods should comply with STB1432-2003, TNPA and standard specimen.
2.2 Marking, packing and transportation of the goods should comply with GOST 10581-91.
2.3 The goods are subject to marking by bar identification codes.
3. Order of Delivery and Acceptance of the Goods
3.1 Delivery is considered to be fulfilled at the moment when the Customer receives the goods from
the Supplier’s storehouse or when the goods are delivered to the Customer’s storehouse by the
Supplier. In accordance with the Contract the day of executing liability is ship date indicated in
market-transport consignment note.
3.2 Delivery of the goods is fulfilled by the Customer’s transport and on his account.
3.3 If 100% of prepayment is paid out the Supplier guarantees for availability of the goods according
to agreed stock (in preliminary application provided by the Customer no later than a thirty-day
period) in the course of 5 calendar days from the moment of receipt of funds to the Supplier’s
settlement account.
When other forms of accounts are included the delivery of goods is fulfilled in the terms approved by
the Parties.
3.4 While the goods are delivered on finished quotas the delivery is fulfilled in the range of dedicated
quota with even month layout. The goods that have not been chosen on quotas in appropriate period
through the Customer’s fault are provided in next period on condition that they are in the Supplier’s
stock.
3.5 The acceptance of the goods is executed in accordance with Disposition of Acceptance of Goods
according to quantity and quality affirmed by the Resolution of the Council of Ministers of the
Republic of Belarus dd. 03.09.2008 № 1290.
In the event that shortage of the goods is revealed or the quality and marking of the goods don’t
comply with established requirements it’s obligatory to summon the Representative of the Supplier.
3.6 Issues of refund and replacement of the goods are solved under the agreement of the Parties.
Refund is executed on the Customer’s account. In case of reaching agreement on refund, the goods
should be packed in an appropriate way (individual and multiple package), should be in marketable
state with product element attached to the goods and package label stuck to the box.
The labels should be clean, without marking of additional marks.
In case of failure to comply with the given requirements the Supplier gives no guarantee for
acceptance of the goods.
In case of refunding the goods in non-marketable state the Customer reimburses the expenses on
remarking and repacking to the Supplier by paying requirement of payment on the basis of account
attached to it.
3.7 Under agreement of the Parties common discount of the goods is allowed with determination of
stock, quantity and percent of discount.
4. Cost and Order of Accounts
4.1 The goods are delivered on prices stated in the Supplier’s price list that is effective at the moment
of shipment of separate lot of the goods and that is the justification of the price.
The price is fixed free of charge – the Supplier’s storehouse.
Prices of the goods are conformed by signing market-transport consignment notes for delivery of
goods in which there is a reference to the price list that is effective at the ship date.
4.2 Accounts are executed by the Customer’s payment order in the course of 35 calendar days from
the delivery date.
4.3 The Supplier has a right to transfer the Customer to preliminary payment in case of breach of
payment terms two or more times or in case of prolonged non-payment for received goods (more than
30 days). The Supplier informs the Customer about the type of payment in writing.
4.4 Shipment of second-class production is fulfilled using discounts of 5% from price list cost.
5. Property Liability
5.1 In case of late payment the Customer pays out a fine at the rate of 0, 15% from unpaid sum for
each day of payment delay. Fine payment doesn’t release the Customer from the payment of basic
debt.
5.2 In case of delivery of substandard production the Supplier replaces it by qualitative one in the
course of 14 days after its refund with proper drawn reclamation.
6. Force-Majeure
6.1 The Parties are released from the liability for failure to comply with Contract terms if it occurs
due to Act of God (Force-Majeure) which the Parties can’t foresee or prevent (fire, flood, earthquake
and other natural calamities or acts of war that arose after making the Contract). The Parties are
released from the liability for failure to execute their duties with prohibition on fulfillment of acts
including in obligations coming from The Government and other legislative body.
One Party informs the other one about arisen circumstances no later than 5 days.
7. Order of Change, Termination and Dispute Resolution
7.1 The Contract can be terminated under the agreement of the Parties.
7.2 Changes concerning reduction of quantity and stock supplied on finished quotas are admitted
after the Customer comes to agreement with the Ministry of Commerce and Belarusian Cooperative
Society.
7.3 In one-sided order each of the Parties can refuse to execute the Contract informing the other Party
in the course of 30 days in cases of systematic other Party’s breach of the Contract terms: two or
more times of delivery of substandard goods, late payment, short delivery, non-sorting and
pronouncement that the Customer is unable to pay.
7.4 Disputes that occurred while executing the Contract herein are subject to examination in the
Economy Court of the Republic of Belarus in accordance with the legislation of the Republic of
Belarus.
7.5 In other cases that are not mentioned in the Contract herein the Parties are guided by the Civil
Code of the Republic of Belarus, Disposition of Production Delivery affirmed by the Resolution of
the Cabinet of Ministers of the Republic of Belarus dd. May 8, 1996. № 444 and effective Economy
Legislation of the Republic of Belarus.
7.6
The
documents
signed
by
the
Parties
by
fax
are
legally
valid.
8. Term of Validity
8.1 The Contract herein comes into effect since_________ and operates to 31.12.2010.
8.2 Termination of the Contract herein doesn’t release the Parties from executing obligations arisen
until termination of the Contract.
9. Legal addresses of the Parties
The Supplier- Ludmila Headwear Factory CJSC.
220073, Minsk City, Gusovsky str. 20a.
Acc. 3012001603616 in department 536 of Belinvestbank OJSC, Minsk City, code 739.
Address of the Bank: Minsk City, Odoevsky str. 6a.
MFO 153001739 UNP 100010249 ОКPО 05572729
Tel./fax 204-31-55, marketing department 204-31-58, 213-56-33
The Customer- __________________________________
Address_______________________________________
Acc.__________________________________________
Address of the Bank-_____________________________
MFO___________OKPO___________TIN___________
Telephone of Director _________________ Telephone of Account__________
Telephone of Goods Manager___________ fax_______ code of City__________
License № _____dd. __________is valid until _________________