Contract for the provision of printing services. Contract for the provision of services for the production of souvenirs and printing products
Contract No. for the supply of printed products, Novosibirsk "___" _______________ 20__. Typography Center LLC, hereinafter referred to as the "Supplier", represented by Director Dmitry Vasilyevich Litvinov, acting on the basis of the Charter, on the one hand, and __________________________________________________, hereinafter referred to as the Buyer, represented by ________________________________________________________________________________________________ ________________________, acting on the basis of the Charter, on the other hand, have concluded this Agreement as follows: 1. Subject of the Agreement 1.1. The Seller, in accordance with the terms of this Agreement, undertakes to transfer to the Buyer's ownership the printed products produced or purchased by him (hereinafter referred to as the "goods"), and the Buyer undertakes to accept these goods and pay for it the sum of money determined by the Agreement (hereinafter referred to as the "price" ). 1.2. Printed products (goods) are paper or cardboard with text and/or graphics printed on them by offset printing, with possible cutting, hot stamping, foil stamping or other processing methods. 1.3. The price, terms of payment, delivery time and method of delivery, the specific name and quantity of goods are determined by the parties in this Agreement and in the Order Agreement Protocol (hereinafter referred to as the "Protocol"), which is an integral part of the Agreement. At the same time, the permissible discrepancy between the quantity of goods specified in the Protocol and in the consignment note, which is used to document the transfer of goods, is 10%. Finally, the name, quantity and cost of the goods are considered agreed in the consignment note. 2. Obligations of the parties 2.1. Buyer. 2.1.1. Provides the Seller with the necessary background information about the product. - In the case of providing its original layout or other original object (work) for the manufacture of goods, the Buyer guarantees that at the time of the conclusion of this Agreement, the Buyer is the owner of all exclusive rights to use the work (original layout) presented to the Seller for fulfilling obligations under this agreement in in any form and by any means throughout the world (including in Russia): the presence employment contract between the Buyer and the author, an official task to create a work, an agreement between the Buyer and the author on the transfer to the Buyer of all exclusive rights to use the work (original layout) the existence of an agreement concluded with the author of the work (original layout) on the transfer by the author to the Buyer of all exclusive rights to use works, etc. 2.1.3. Makes payment for the goods received from the Seller in accordance with this Agreement. 2.1.4. The Buyer is obliged to provide the Seller within 10 days from the date of signing the Agreement copies of the following documents: certificate of registration with the tax authority; certificate of entry in the Unified State Register legal entities; a document confirming the authority of the person signing the Agreement. 2.1.5. Transportation costs for the delivery of the goods shall be borne by the Buyer and shall be reimbursed by him within two days from the date of receipt of the goods, unless otherwise specified in the Annexes to this Agreement. 2.2. Salesman. 2.2.1. Delivers the goods at the time and place agreed by the parties. 2.3. The original layout of the goods is made by the Seller, it is approved by the authorized representative of the Buyer in following form: a full-color image on an A4 sheet indicating the name of the product, dimensions, numbers of the color pantones used and indicating the embossing zones. When approving the original layout, the Buyer agrees to the possible color differences that exist between the original layout made on the printer and the product made on the basis of the original layout using printing machines. All exclusive property rights to use the original layout in any form and in any way, made by the Seller, belong to the Seller. 3. Price of goods and payment procedure 3.1. The price of goods is determined including VAT. 3.2. Possibility of changing the price: 3.2.1. If the Buyer makes an advance payment in the amount of 100%, the price of the goods specified in the Protocol is not subject to change. 3.2.2. In the event of a change in the cost of consumables used in the production of goods (paint, paper, cardboard, etc.) by more than 1.5%, the Seller reserves the right to change the price of the goods agreed in the Protocol unilaterally. 3.2.3. When taxes increase from the moment of signing this Agreement until the actual payment, the price increases in accordance with the amount of the tax increase. 3.3. Payment for each batch of goods is made in accordance with the order approval protocol. At the same time, the accrual of interest for the use of a commercial loan is possible only if the Buyer is in arrears in payment. 3.4. After signing the Protocol, the Buyer is obliged to fulfill all its obligations specified in this Protocol. 3.5. The buyer is obliged to payment order refer to the number and date of the Agreement and/or the number of the paid invoice. At the same time, in the presence of the Buyer's debt to this agreement, the Seller, at its option, determines to pay off the debt for which consignment of goods the funds received from the Buyer should be credited. 3.6. The buyer is considered to have fulfilled the obligation to pay from the moment of receipt Money to the Seller's bank account. 4. Shipment 4.1. The Seller ships the goods to the Buyer from its warehouse to the Buyer's transport, unless otherwise provided in the Protocol. Shipment is carried out within the time specified in the Protocol, on working days from 1000 to 1700 at the address: 633009, Berdsk, st. Green Grove-1. The terms of delivery of goods may be increased by the Seller in the absence of consumables used in the production of goods (paper, cardboard, paint, etc.) on the market of the Novosibirsk Region. Such an increase in the delivery time will not be considered a violation of the terms of the Agreement by the Seller. 4.2. The delivery time of the goods is increased by the number of days that have passed from the date the Seller sent the Protocol to the Buyer until the date the Seller received the Protocol signed by the Buyer. 4.3. The Seller has the right to deliver the goods to the Buyer ahead of schedule. The Seller informs the Buyer about the early delivery of the goods by sending a facsimile message. If this does not happen, the Buyer is obliged to pick up the goods on the last day of delivery. 4.4. The ownership of the goods passes from the Seller to the Buyer from the moment the goods are transferred to the Buyer, if the Protocol provides for self-pickup of the Goods by the Buyer, or from the moment the goods are transferred to the first carrier. 4.5. Upon receipt of the goods, the Buyer is obliged to sign and transfer to the Seller the consignment notes or other documents on which the goods are transferred, or the Protocol of Disputes upon detection of defects. If the Buyer, upon acceptance of the goods, did not sign the consignment notes and the Protocol of Disputes, then the order is considered to be duly executed, and the goods are accepted in accordance with all the conditions agreed by the parties. 5. Liability of the parties 5.1. For untimely transfer of the goods due to the fault of the Seller, the latter pays the Buyer a penalty in the amount of 0.1% of the value of the undelivered goods for each day of delay, but not more than 10% of the value of the undelivered goods. 5.2. In case of delay in payment, the Buyer shall pay the Seller a penalty in the amount of 0.1% of the amount not paid on time to the Seller for each day of delay. 5.3. In case of an unjustified refusal to accept the goods, the Buyer shall reimburse the Seller for the entire price of the goods specified in the Protocol and, in addition, the penalty (fine, penalty fee), if any. 5.4. For storage of goods in the warehouse of the Seller through the fault of the Buyer over the term of delivery of the goods fixed in the Protocol, the Buyer shall pay the Seller a penalty in the amount of 0.1% of the cost of the goods stored in excess of the term for each day of storage. 5.5. Disputes and disagreements that may arise from legal relations under this Agreement shall be resolved through negotiations between the Parties. In this case, a written presentation of a claim is required, the term for consideration of which is 10 days from the date of receipt. If it is impossible to resolve disputes through negotiations, all claims under this Agreement shall be filed, at the choice of the claimant, with the Arbitration Court of the Novosibirsk Region or at the location of the defendant. 6. Duration of the Agreement 6.1. This Agreement shall enter into force upon signing and shall be valid until December 31, 20__ (inclusive). After the expiration of the specified period, the term of the contract is extended for an indefinite period, if before that moment none of the parties declares in writing that they do not want to extend the validity of the contract or if a new contract is not concluded between the same parties on new terms. 6.2. The contract can be terminated: - by agreement of the parties; - by decision of the competent authorities in accordance with the current legislation of the Russian Federation. 6.3. Unilateral termination of the contract is not allowed. 6.4. This Agreement is valid until the completion of the fulfillment of obligations that arose during the validity period of the Agreement. 7. Circumstances exempting from liability 7.1. The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was the result of the occurrence after the conclusion of the agreement of such circumstances as earthquakes, floods, fires, skidding on roads, as well as strikes, government decisions and orders government agencies, lack of materials and raw materials on the market of the city of Novosibirsk, necessary for the fulfillment of obligations by the Seller, violation of obligations by counterparties (other than the Buyer) of the Seller. 7.2. The party referring to the above circumstances is obliged to inform the other party about the occurrence of such circumstances. The information must contain data on the nature of the circumstances, as well as, if possible, an assessment of their impact on the fulfillment by the parties of their obligations under the Agreement and on the period of fulfillment of obligations. 7.3. In the event of the occurrence of the above circumstances, the deadline for fulfilling obligations under the contract is extended in proportion to the time during which such circumstances and their consequences are in effect. Upon termination of these circumstances, the party must notify the other party. 7.4. If the above circumstances continue to operate for more than one month, then each party has the right to terminate the Agreement by notifying the other party at least five days in advance. 8. Other conditions 8.1. All changes and additions to this Agreement must be made in writing and signed by the Parties. 8.2. During the term of the Agreement, any delivery of goods made between the parties is considered to be made on the basis of and in pursuance of this Agreement. 8.3. The responsible and authorized person of the Buyer is ________________________________________________________________________________________. 8.4. The parties are obliged to report changes in their addresses, bank details, telephone numbers, telefaxes, Responsible persons within three days. 8.5. The parties recognize the documents transmitted by facsimile, the force of the originals. The original of the relevant document must be sent to the other party within two calendar days after it was faxed. 8.6. This Agreement is made in two copies, one copy for each Party and having equal force. 9. Legal addresses and bank details of the Parties SELLER: Typography Center LLC 633009 Novosibirsk Region, Berdsk st. Green Grove-1, housing 4 Р / s 407 028 105 015 100 001 64 in OJSC "MDM Bank" Novosibirsk to / s 301 018 101 000 000 00 821 Beach 045 00 48 21 ogn 1145476022526 TIN 5445036032 PPP 544501001 OKPO 32168190 ____________________ / Litvinov D.V .. / "___" __________________ 20__. BUYER: Director ________________ / / "___" __________________ 20__. 5 4 Seller: ____________________ Buyer: ____________________
Moscow "__" _____ 201_
LLC "____________", hereinafter referred to as the "Contractor", represented by the General Director _______________., acting on the basis of the Charter, on the one hand,
and OJSC "_______________", hereinafter referred to as the "Customer", represented by the General Director __________., acting on the basis of the Charter, on the other hand, have concluded this contract for the provision of services for the production of souvenirs and printing products, hereinafter referred to as the "Agreement", on the following:
1. The Subject of the Agreement.
1.1. The Customer instructs, and the Contractor assumes obligations for the sale of mobile structures, for the manufacture of printing and souvenir products, large-format printing, poster printing and digital printing (hereinafter referred to as the "Products").
The quality of the Products must comply with Russian standards.
The list of works / services and their cost is indicated in Appendix No. 1 to this contract for paid services.
1.2. The beginning of the production of printed products - not earlier than the submission of original layouts that meet the technical requirements for the files of the Contractor and the approval of color proofs specified in p.p. 4.5 and 4.6. Technical requirements to files are stipulated in the Technical Specifications to this contract for paid services, which are its integral part.
The deadline for the performance of work is 7 working days from the moment the Customer transfers funds to the Contractor's settlement account.
1.3. If the Customer provides layouts and all necessary information less than 5 working days before the start of the event, the Contractor reserves the right to consider the order urgent and its cost can be increased from 50% to 100%, depending on the complexity of the order and its circulation. If changes are made to the layouts less than 3 days before the start of the event, the Contractor does not guarantee the quality and timing of the work performed.
2. Cost of work and payment procedure.
2.1. The cost of work is specified in the Annexes to this contract for paid services and is paid according to the Invoices issued on their basis.
2.2. The Customer transfers to the Contractor the amount of the cost of work in the form of 100% prepayment within 3 banking days after the Contractor's invoice is issued. The date of payment is the date of receipt of funds to the settlement account of the Contractor.
2.3. In case during production process The customer made changes to the Appendix to the paid services agreement regarding specifications Products, the cost of the order is subject to change in accordance with the additional agreement of the parties, executed in writing. In case of cancellation of the order, the Customer is obliged to pay the Contractor the actual costs that have arisen up to this point, confirmed by the relevant documentation.
3. The order of delivery and acceptance of works.
3.1. The handover and acceptance of the work performed is formalized by the signing by the Parties of the Acceptance Certificate of the work performed in two copies. The acceptance certificate is signed by authorized representatives of the Contractor and the Customer within three working days from the date of delivery of the Products. The act notes the quantity and quality of the work performed, the presence or absence of comments to the Contractor from the Customer.
3.2. In the event that the Customer discovers a discrepancy between the actually performed work and the terms of the contract for paid services or poor-quality performance of work, the Parties draw up an Act with a list of necessary improvements and deadlines for their execution. All improvements are carried out by the Contractor at his own expense.
3.3. If within three working days the Acceptance Certificate is not signed by the Customer without the Customer providing any comments, the work is considered to be completed in full in accordance with the terms of the Agreement,
3.4. The contractor provides the customer with an invoice and a consignment note in the form No. TORG-12 in accordance with applicable law.
4. Obligations of the Contractor.
4.1. Perform work on the manufacture of the Products, in accordance with the Annexes specified in clause 2.1 of this Agreement, and within the time period established by clause 1.2. actual agreement.
4.2. Provide the Products at the disposal of the Customer within the period specified in clause 1.2. of this service contract.
4.3. Notify the Customer of the time when the Products will be ready for transfer.
4.4. The Contractor has the right to early delivery of the Products.
4.5. In the case of providing digital or large-format printing services, offer the Customer a free color proof. If the Customer does not approve the produced color proof, the Customer undertakes to change the original layout in accordance with the requirements for color rendering, and the Contractor undertakes to make a new color proof using a new original layout. The Contractor provides the Customer with the opportunity to make three free color proofs from each original layout. The cost of additional color proofs is stipulated in the Annexes to this contract for paid services. The Contractor is not responsible for the incorrect color reproduction of the image if the Customer refuses the color proof.
4.6. In the case of providing offset printing services, offer the customer the production of color proofs, the cost of which is specified in the Annexes to this Agreement. The Contractor is not responsible for the incorrect color reproduction of the image if the Customer refuses the color proof.
5. Obligations of the Customer.
5.1. Make timely payments for completed work.
5.2. Provide original layouts of materials for the production of printed Products no later than 10 days before the deadline for the production of the Products specified in the Annexes to this contract for paid services. In the event of a delay in the provision of layouts for the production of printed products due to the fault of the Customer, the Contractor has the right to change the production time.
5.3. Approve the color test of the Products, or change the original layouts in accordance with the requirements for color reproduction.
5.4. Accept the Products and sign the Acceptance Certificate for the work performed specified in clause 3.1. contract for paid services, or give a justified refusal no later than 3 days from the date of transfer of the manufactured Products by the Contractor.
AGREEMENT No. __
Society with limited liability"Package Print", hereinafter referred to as the "Seller", represented by
_______________, acting on the basis of the Charter, and ______________, hereinafter referred to as the "Buyer", represented by _____________, acting on the basis of the Charter, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor undertakes to manufacture and supply (transfer ownership) to the Customer, products (hereinafter referred to as the "Goods"), in the range, completeness, quantity and at the prices specified in Appendix No. 1 to this Agreement, and the Customer undertakes to accept and pay for the Goods in accordance with this Agreement.
1.2. Production is carried out by the production of paper bags of the contractor, in accordance with Appendix No. 1.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Contractor undertakes to manufacture and deliver to the Customer the Goods specified in the specification in Appendix No. 1 to this Agreement, in the assortment, completeness, quantity, quality and at the prices indicated in Appendix No. 1. The fulfillment of this obligation must be carried out within 20 calendar days from the date of approval of the original layout and receipt of funds to the account of the Contractor in accordance with clause 3.1.
2.2. Upon signing by the Parties of this Agreement, the Contractor is obliged to start fulfilling obligations under this Agreement immediately.
2.3. The customer undertakes:
- Fulfill payment obligations in accordance with section 3 of this Agreement.
- Provide logo image in vector form
3. PRICE OF GOODS AND PROCEDURE OF PAYMENTS
3.1. The total cost of the goods supplied under this contract is ____________ rubles, including VAT 18% _________ rubles
3.2. The Customer makes payment under this Agreement in next order A: Make 50% payment 2 working days before the start of production, 50% 2 days before the final delivery of the finished circulation.
3.3. Delivery and acceptance of the Goods under the Contract is carried out at the address of the customer (within the Moscow Ring Road)
3.4. Delivery-Acceptance of the Goods is carried out on the basis of consignment notes in the assortment, completeness and quantity, which are specified in Appendix No. 1 to this contract
4. RESPONSIBILITIES OF THE PARTIES
4.1. The Parties undertake to fulfill their obligations in full and on time.
4.2. In the event that the Contractor violates the quality, completeness of the Goods, as well as the deadline for fulfilling the obligations established in this Agreement, the Contractor shall pay a fine in the amount of 0.2% of the price of the undelivered or underdelivered Goods for each day of delay until the full fulfillment of obligations .
4.3. In the event that the Customer violates the procedure and terms of payment established by this Agreement, upon the justified claim of the Contractor, the Customer pays a fine in the amount of 0.2% of the amount of the debt for each day of delay in payment, until the obligation is fully fulfilled, but not more than 10% of the contract price .
4.4. In case of delivery to the Customer by the Contractor of low-quality Goods: detection hidden defects or non-compliance of the Goods with Annex No. 1 of the Agreement, the Contractor undertakes to replace the low-quality Goods or to eliminate the identified defects free of charge.
4.5. The Customer is obliged to provide the Goods, in which defects or inconsistencies were found, at the disposal of the Contractor.
4.6. The liability of the parties in other cases is determined in accordance with the current legislation of the Russian Federation.
5. OTHER TERMS
5.1. This Agreement shall enter into force upon signing by all parties.
5.2. The expiration date of the Agreement is determined by the date of full fulfillment of the obligations of the Parties under this Agreement.
5.3. This Agreement constitutes and expresses all contractual terms and understandings between the parties to it. by the Parties with respect to all the matters mentioned, and all previous discussions, meetings and submissions between the Parties, if any, shall cease to be valid.
5.4. Disputes and disagreements arising from this Agreement or in connection with it will be resolved by the parties through negotiations. If mutual agreement is not reached, the dispute is referred to the Arbitration Court of Moscow.
5.5. Any changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.
5.6. Before fulfilling their obligations under this Agreement, the Parties are obliged to inform each other by fax about the change in their legal address, telephone and telefax numbers, bank details within three days. The Party that sent the message (document) by fax must have a written or faxed confirmation of the other Party about the receipt of the message (document) sent to its address.
5.7. The Agreement is made in two copies, having equal legal force, one copy for each
Moscow region ____” _______ 2015
LLC "_______________" represented by the General Director, hereinafter referred to as the "Customer", on the one hand, and Limited Liability Company "Printing House Garant", hereinafter referred to as the "Contractor", represented by General Director Zyuganov Sergey Aleksandrovich, acting on the basis of the Charter, on the other Party, hereinafter collectively referred to as the "Parties", have entered into this agreement (hereinafter referred to as the "Agreement") on the following:
1. THE SUBJECT OF THE AGREEMENT
1.2. Production of Products is carried out on the basis of Orders, the terms of which are determined by the Parties by mutual agreement in accordance with the provisions of this Agreement. The order is executed by the Parties in accordance with clause 1.3. of the Agreement and is an integral part of the Agreement. Any terms and conditions contained in an Order shall apply only to the said Order.
1.3. The order can be executed both by drawing up one document signed by the Parties, and by exchanging documents using facsimile communication.
Making an Order by exchanging documents using facsimile is carried out in the following order:
The parties in any form convenient for them agree on the terms of the Order;
Based on the agreed conditions, the Customer draws up an Order, signs it and certifies it with a seal, after which it sends a facsimile copy of the Order to the Contractor
The Contractor, for its part, signs and seals the Order received from the Customer by facsimile, after which it sends the Customer a facsimile copy of the Order.
1.4. The rights and obligations of the Parties for each Order arise:
From the moment of its signing by the Parties, when placing an Order by drawing up one document, or
From the moment the Customer receives a facsimile copy of the Order from the Contractor in accordance with clause 1.3. of the Agreement containing the signatures of the Parties certified by seals.
The rights and obligations of the Parties under each Order shall terminate after the Parties have fulfilled all their obligations under the Order.
1.5. The parties agree that the following employees The Parties have the right to agree and sign Orders and other documents related to the execution of Orders:
From the Customer side:From the side of the Contractor: Zyuganov S.A.
1.6. To resolve current issues for each specific Order (coordination of joint actions, approval and signing of documents related to the execution of the Order, etc.), the Parties may appoint executors for the Order, which must be specified in the Order.
2. GENERAL CONDITIONS
2.1. The Contractor manufactures the Products for the Customer on the basis of the Order drawn up by the Parties in the form of Appendix No. 1 to the Agreement. The work on the manufacture of the Products is carried out by the forces and means of the Contractor, from his materials, or using the materials of the Customer.
2.1.1. In accordance with the Order, the Contractor undertakes to manufacture the Products and transfer them to the Customer, and the Customer undertakes to accept and pay for these Products. The Products must be handed over to the Customer free from any rights of third parties.
2.1.2. The order is determined by:
Name of the Product, its description and characteristics;
Description, quantity and cost of materials transferred to the Contractor;
Form of the original layout and terms of its submission;
The scope of work for the manufacture of the Products (quantity of the Products) and the timing of their implementation;
The cost of work on the manufacture of the Products, the procedure and terms of its payment.
2.1.3. The Customer assigns to each Order a specific number, which must be indicated by the Parties in all documents relating to the Order. The Order Number must uniquely identify the relevant Order.
2.2. The Customer provides the Contractor with the original layout of the Products, the form and terms of which are determined by the Order. Products manufactured by the Contractor must comply with the original layout provided by the Customer.
2.2.1. The Customer guarantees that the use of the original layout transferred to the Contractor for the purpose of manufacturing Products for the Customer under this Agreement will not violate any rights of third parties.
2.2.2. The original layout is not subject to return to the Customer.
2.2.3. The Contractor is obliged to ensure the safety of the original layout received from the Customer until the execution of the Order.
2.2.4. The Contractor may use the original layout only for the purpose of performing work for the Customer under this Agreement. All copies of the Products made on the basis of the original layout must be transferred to the Customer. The performer does not have the right:
Transfer the original layout (including its copies and any other reproductions) to third parties,
Use the original layout in your activities (including copying or reproducing it in any way), if such activities are not related to the performance of work for the Customer under this Agreement.
The contractor must take all necessary measures to fulfill the conditions specified in this paragraph.
2.2.5. The transfer of the original layout can be formalized by a bilateral Act. In this case, the original layout is considered to be transferred (accepted) by the Party from the moment of signing the relevant Act.
2.3. In order to control the quality of the displayed shades of printing, the Customer makes and transfers to the Contractor analog color proofs. The customer has the right to be present during the calibration of the offset machine and to make his wishes regarding the displayed shades. Otherwise, the Contractor does not accept claims for the quality of shades.
2.4. The Customer accepts the conditions that during the manufacturing process of the Products, there may be deviations in the color reproduction of the electronic files of the original layout displayed on the computer monitor from the actual image printed on the offset printing machine. In the presence of the indicated color rendition deviations in the manufactured products from the original layout provided by the Customer, the product is considered to be fully compliant with the Customer's requirements.
2.5. The Contractor starts work on the manufacture of the Products and completes them within the time period established by the Order.
2.6. The Customer has the right at any time before the transfer of the Products to him to refuse to execute the Order. In this case, the Customer is obliged to pay the Contractor for the costs incurred by the Contractor before receiving the Customer's notice of refusal to execute the Order by sending the Contractor to the Customer the appropriate calculation of the costs incurred.
3. OBLIGATIONS OF THE PARTIES
3.1. For Orders for the manufacture of Products, the Customer is obliged:
Provide the Contractor with the materials provided for by the Order;
Provide the Contractor with a high-quality original layout of the Products within the time period established by the Order in accordance with the terms of the Order. In the event that the original layout of the Products is provided, requiring revision, the start and end dates of work are extended by the period necessary to finalize the original layout of the Products. Finalization of the original layout is carried out by the forces and at the expense of the Customer;
Pay for the work of the Contractor in the amount and within the time specified in the Order, as well as provide the Contractor, at his request, with confirmation of payment. In case of delay by the Customer of payment for the work to the Contractor, the term for the production of work is extended by the period of delay in payment. Payment for the work is considered to be made at the moment the amount of money specified by the Order is credited to the Contractor's settlement account.
Ensure acceptance of the Products in accordance with the procedure established by the Agreement and within the terms specified by the Order.
3.2. For Orders for the manufacture of Products, the Contractor is obliged to:
Use the material transferred by the Customer in the manner prescribed by this Agreement;
To manufacture Products that comply with the terms of the Order and the Agreement, in the quantity and within the time specified by the Order;
Transfer the Products to the Customer in the manner prescribed by the Agreement and within the time specified by the Order;
Provide the Customer with a written report on the consumption of materials, if the materials were provided by the Customer;
Use the original layout received from the Customer in strict accordance with the terms of this Agreement.
3.3. The Parties are obliged to fulfill their obligations and carry out all necessary actions under the Order in a timely manner, in compliance with the terms of the Order and the Agreement.
4. ORDER OF USE OF CUSTOMER'S MATERIALS
4.1. Acceptance and transfer of materials is issued by waybill. The place of acceptance and transfer of materials is determined by the Order by agreement of the Parties.
4.2. The parties agree that the obvious defects of materials that can be detected during proper acceptance are:
Damaged packages (broken, heavily soiled or having other significant traces of external impact);
Non-compliance of the quantity of materials, determined on the basis of the number of packages and their labeling data, with the conditions of the Order.
4.3. The Contractor is obliged to use the transferred materials only for the manufacture of Products for the Customer in a quantity not less than that established by the Order and of proper quality.
4.4. In the event that the materials provided by the Customer are unsuitable or of poor quality, the Contractor is obliged to warn the Customer and, until receiving instructions from him, suspend the performance of work. If the suspension of work may entail a change in the timing of the manufacture of products, the Contractor is obliged to notify the Customer about this. If the Contractor has not warned the Customer about these circumstances, he loses the right to refer to them when the Customer presents claims to the quality of the Products and the timing of its manufacture. In the event that the Customer makes claims against the Contractor regarding the quality of the manufactured products, the Customer is obliged to substantiate his claim by presenting an expert opinion issued by an authorized this species activities of the organization. In the absence of this conclusion, the products are considered to be in full compliance with the requirements of the Customer.
4.5. In the event that the Contractor uses the Customer's consumables in the manufacture of products, when transferring the Products upon completion of work, the Contractor is obliged to provide the Customer with a written report on the consumption of materials, and also in case of incomplete consumption of materials, return their balance or, with the consent of the Customer, reduce the price of the work, taking into account the cost the unused material remaining with the Contractor.
5. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF WORKS (FINISHED PRODUCTS)
5.1. The acceptance and transfer of the Products is issued by an invoice, which is considered by the Parties as an appropriate document certifying acceptance. The place of acceptance and transfer of the Products is determined by the Order. In the case of the transfer of the finished Products in parts (batches), the invoice is drawn up for each batch of the Products separately and is considered by the Parties as an appropriate document certifying the acceptance of the relevant part of the Products.
5.2. The place of acceptance and transfer of the Products is determined by the Order. By agreement of the Parties, the manufactured Products may be transferred by the Contractor to the recipient specified by the Customer. In this case, the obligations of the Customer to accept the Products are performed by the recipient.
5.3. From the moment the Parties sign the relevant invoice, the Products become the property of the Customer and the risk of accidental loss or accidental damage to the Products is borne by the Customer.
5.4. In order to ensure the safety of the Products, the Contractor transfers the Products to the Customer in a packaged form. The packaging is determined by the Order, and it must be marked with the following data:
Order number,
Name of production,
The number of units of the Product in the package.
Packaging is non-returnable to the Contractor.
5.5. The Parties establish that the obvious defects of the Products, which may be detected upon acceptance, are the following:
The presence of damaged packages (broken, heavily soiled or having other significant traces of external impact);
Non-compliance of the quantity of the Products, determined on the basis of the number of packages and their labeling data, with the terms of the Order.
Obvious deficiencies, if found, must be indicated on the invoice.
5.6. If, within five days after acceptance of the Products, the Customer discovers its deficiencies, with the exception of those specified in clause 5.5 of the Agreement, he is obliged, within one day from the moment the deficiencies are discovered, to notify the Contractor in writing of the identified deficiencies and return the circulation to the Contractor by the Customer's forces and means. The Customer is obliged to substantiate all shortcomings in relation to the quality of the manufactured products by presenting an expert opinion issued by an organization authorized for this type of activity. In the absence of this conclusion, the products are considered to be in full compliance with the requirements of the Customer.
6. RESPONSIBILITIES OF THE PARTIES
6.1. The Parties shall be liable for non-fulfillment (improper fulfillment) of their obligations under each Order in accordance with the Agreement and the current legislation of the Russian Federation.
6.2. For violation of the terms of production of the Products and its transfer to the Customer, the Customer has the right to require the Contractor to pay a penalty in the amount of one percent (1%) of the cost of the Products not transferred to the Customer in a timely manner for each day of delay, but in total no more than ten percent (10%) of the cost order.
6.3. For making payment in violation of the terms agreed in the Order, the Contractor has the right to require the Customer to pay a penalty in the amount of one percent (1%) of the amounts underpaid under the Order for each day of delay from the amount not paid within the period established by the Order.
6.4. The Contractor is responsible for damage and / or non-safety of materials transferred to him by the Customer, as well as for their use (expenditure) in violation of clause 4.2 of this Agreement.
6.5. If the Customer finds defects in the Products, the Customer is obliged to substantiate his claim by presenting an expert opinion issued by an organization authorized for this type of activity. In the absence of this conclusion, the products are considered to be in full compliance with the requirements of the Customer and only if given condition The customer has the right, at his choice, to demand from the Contractor:
Free of charge elimination of deficiencies within a period not exceeding the period of production of the Products established by the Order or other agreed by the parties;
Proportionate reduction in the cost of the Order;
Reimbursement of their expenses for the elimination of deficiencies, while the Customer, if the Contractor refuses to eliminate the deficiencies, has the right to independently eliminate the deficiencies or entrust work to eliminate the deficiencies to third parties.
6.6. The penalties and amounts of damages provided for by this Agreement, which one Party has the right to demand from the other Party, are considered recognized by this other Party only after their actual payment.
AGREEMENT No. ________________
for the provision of printing services
Moscow
"__" ___________ 2010
IP KALININ Mikhail Yuryevich, hereinafter referred to as the "Contractor", represented by Kalinin M.Yu. acting on the basis of a certificate of state registration series 77 No. 012729708 of 04/01/2010, on the one hand, and __________________, hereinafter referred to as the "Customer", represented by General Director __________, acting on the basis of the Charter, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes the obligation to perform quality and timely work on the production of printed products on the Contractor's materials with the following technical characteristics:
Format:
Circulation:
Volume:
Paper:
1.2. By entering into this Agreement, the Customer confirms his right to issue a publication and is legally responsible for all issues related to copyright protection and financial settlements with authors.
1.3. The Customer transfers the following source materials to the Contractor: original layout on disk, paper version.
1.4. Deadline for the execution of work ____ business days from the date of receipt of funds to the account of the Contractor (subject to the provision by the Customer of all the raw materials necessary for the performance of the work).
Customer materials must comply with applicable government and industry standards.
1.5. Works and materials not provided for by this Agreement, the need for which was revealed in the course of the implementation of the Agreement, are formalized by an additional agreement of the parties.
1.6. Additional printing, reprinting of the circulation is carried out only with the consent of the Customer.
2. COST OF WORKS AND PROCEDURE OF PAYMENTS
2.1. The cost of work under the Contract is RUB. 00 kop. (rubles 00 kopecks), including 18% VAT in the amount of rub. 00 kopecks (rubles 00 kopecks).
2.2. The Customer pays 100% of the cost of work under the Agreement no later than three banking days from the moment the Contractor issues an invoice for payment to him, and provides the Contractor with a copy of the payment order marked by the bank.
2.3. The Contractor starts production of the circulation only after 100% of the order value is credited to the Contractor's settlement account. In this case, the day of payment will be considered the day the funds are credited to the account of the Contractor.
2.4. In the event of a delay by the Customer in the transfer of funds, the Contractor shall begin to fulfill its contractual obligations on the next business day from the moment the payment is received to the Contractor's settlement account, provided there are free production capacities. Wherein general term production run shifts.
2.5. The Contractor has the right to change prices in the event of a change in prices for expendable materials, changes in the exchange rate of the Euro, the Dollar, changes in the selling prices of the manufacturer's plant and / or importer.
2.6. Upon completion of the work on the production of printing products, the Contractor provides the Customer with two copies of the act on the performance of work on the production of printing products, which must be signed by the Customer within five days from the date of receipt, and one copy is returned signed to the Contractor, or returned by an unsigned Customer with a statement in writing reasons for not signing. If after ten days from the date of receipt by the Customer of the act, the Contractor does not receive a copy of the act signed by the Customer or written claims of the Customer, the act will be considered signed by the Customer without claims, and the work performed by the Contractor will be considered as properly performed, in full and payable in the amount provided for in this Agreement.
3. OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
3.1. The parties are responsible for fulfilling the obligations of this agreement in accordance with the current legislation of the Russian Federation.
3.2. The Contractor is not responsible for the materials posted in the publication.
3.3. The Contractor is not responsible for errors contained in the information provided by the Customer.
3.4. For failure to perform work within the time limits stipulated by this Agreement, the Contractor shall pay the Customer a penalty in the amount of 0.1% of the order value for each day of delay, but not more than 10% of the total order amount.
3.5. For the delay in payment under the Agreement beyond the period specified in clause 2.2., the Customer shall pay the Contractor a penalty in the amount of 0.1% of the order value for each day of delay, but not more than 10% of the total order amount.
3.6. The payment of penalties does not relieve the parties from fulfilling their contractual obligations.
3.7. The Parties have established that if the Customer fails to appear for approval of the signal copy of the circulation, within a period equal to two days from the date of receipt of the notification of readiness (by telephone message), the specified signal copy will be considered approved by the Customer and accepted by the Contractor as a sample for the production of the entire circulation.
3.8. The Contractor notifies the Customer by telephone message about the readiness of the circulation. Shipment finished products from the Contractor's warehouse is made only after 100% payment for the order. If the Customer has not taken out the finished product within 14 days from the date of production of the circulation, the Contractor will issue an invoice to the Customer for storage at the Contractor's internal approved prices. The Customer undertakes to pay the Contractor for storage of the circulation in the warehouse of finished products at the internal approved prices of the Contractor at the time of export of the circulation.
3.9. The Contractor is responsible for the quality of the printed products produced. If the Customer has claims to the quality of printed products, the Contractor undertakes to eliminate them at his own expense in the event that the claim is filed within a month after the delivery of the print run to the Customer. Terms of execution are agreed by the parties additionally.
3.10. Disputes and disagreements arising in relation to this Agreement shall be resolved by the Parties through negotiations. If the Parties fail to reach a mutually acceptable solution, then contentious issues dealt with in Arbitration Court Moscow at the request of the Party concerned.
3.11. The Contractor undertakes to distribute 19 free federal copies from the total circulation to the Press Committee of the Russian Federation, the Russian Book Chamber for distribution among libraries, scientific and information institutions, in accordance with federal law RF of December 29, 1994 No. 77-FZ "On the mandatory copy of documents" (Article 7, paragraphs 1-2) and on the basis of the Decree of the Government of the Russian Federation of December 03, 2002. No. 859.
Additionally, from the total circulation, until the moment of its manufacture, the Contractor undertakes to transfer to the Customer 3 (three) "signal" copies of the Products. The Customer undertakes to return 1 (one) approved "signal" copy to the Contractor no later than 2 (two) working days from the date of its receipt. If there are any comments, the parties draw up an appropriate act. Otherwise, the specified control copy will be considered approved by the Customer and accepted by the Contractor as a sample for the manufacture of the entire production run of the Products in accordance with the terms of this Agreement.
4. TERM OF THE CONTRACT
4.1. The Agreement enters into force from the moment of signing and is valid until the actual fulfillment of contractual obligations by the Parties.
4.2. The terms of the Agreement may be revised or supplemented during the period of its validity by written agreement of the Parties. Changes proposed by one of the Parties are considered by the other Party within 5 (five) days
4.3. In the event of early termination of the Agreement, mutual settlements between the parties are made on the actual costs incurred at the time of termination of the agreement.
5. FORCE MAJOR
5.1. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that the Parties could not foresee or prevent, such as fire, flood, earthquake, epidemics, terrorist act, the introduction of an emergency or martial law, changes in legislation or other regulations governing the necessary conditions Contracts, etc.
5.2. The Party referring to force majeure circumstances is obliged from the moment of their occurrence not later than 48 (forty eight) hours to inform the other Party in writing about the occurrence of such circumstances.
5.3. Upon termination of these circumstances, the Party must immediately notify the other Party in writing. At the same time, the Party must indicate the period in which it is supposed to fulfill the obligation under this Agreement.
5.4. In the event of force majeure circumstances, the term of obligations under this Agreement shall be extended in proportion to the time during which such circumstances and their consequences are in force.
This agreement is made in two copies, one for each of the parties, having equal legal force.
6. LEGAL ADDRESSES AND DETAILS OF THE PARTIES