Samples of international contracts. Export contract: sample, conditions, requirements, important points
CONTRACT № 0303-09Moscow on March, 03 th 2009
Company "one", here in after referred to as the „Buyer” on behalf of the person of its Representative ........., acting on the basis of the Charter, on the one hand and “2” (further – „SELLER ”), on behalf in the person of its represented by: General Director ................. on the other hand, have concluded the present Contract (further – Contract) as follows :
1. Subject of the contract
1.1. The SELLER carries out delivery of for the baths and whirlpool, quantity and under the defined prices in Appendices to the present contract, being its integral part.
2. The total amount of the contract
2.1. The total amount of the contract makes 70000 (seventy thousand) euro.
Cost of container, packing and marks, stacking, loading in to the truck.
The parties release each other from obligations on insurance of a cargo under the present contract.
3.Terms of Delivery
3.1. The goods is delivered by parties under the schedule coordinating by the parties on conditions EWX.
3.2. The Rules of Interpretation of Trading terms - ("Incoterms 2000") have a order character for the parties for the present contract.
3.3 Date of the transport document (CMR, TIR).
3.4. The SELLER has the right to deliver at own discretion the goods personally or to charge shipment to the third parties.
3.5. The BUYER is obliged to accept delivery from any of Shippers, offered by the SELLER, if it is stipulated in the appendix to the contract on a concrete party of the goods.
4. Payment
4.1. Payment is carried out by the Buyer within 10 (ten) days from the moment of exhibiting the invoice and confirmation of shipment .
4.2. In need of delivery of the goods on the terms of 100% of an advance payment, the Seller not later than 10 days before shipment by any communication facility available at its order informs on it the Buyer by exhibiting to the Buyer of the account-proforma at a rate of 100% from a total sum of the goods delivered. In this case the Goods should be put the Buyer or return of an advance payment not later than 60 days from advance payment date is carried out.
4.3. The Parties provide the possibility of a partial advance payment.
4.4. Payment is carried out in US dollars by a remittance from the account of the BUYER into the account of the SELLER.
4.5. The parties bear all bank expenses connected with transfer of money resources, everyone in the its territory.
5. Quality of Goods
5.1. The quality of the Goods should correspond completely to standards, operating in the country-importer and to make sure the documents given out by authority organs of origin country.
6. Packing and Marking
6.1. Goods have to be packed, appropriately sealed and marked to ensure their proper identification and safety during transportation, reloading and/or storage.
6.2. Packing should provide full safety of the Goods and protect it from damage during transportation by all types of transport.
6.3. Marks of the goods carried out by its manufacturer.
7. Shipment Order
7.1. The SELLER informs the BUYER about the readiness of goods for the shipment no later than 10 (ten) days before the planned date of shipment.
7.2. The name of the goods, quantity of cargo packages, quantity of packing, gross weight and net are specified in accompanying documents. The some correction, additional writings and cleanings in the specified documents are not supposed.
7.3. After goods shipment but not later than in 24 hours, the SELLER by any ways sends to the BUYER of commercial documents originals on the shipped party of the goods, which are necessary for customs registration in the country of the importer:
- the commercial invoice in 2 copy
- the account-proforma in 2 copy
8. Acceptance of Goods
8.1. Acceptance of Goods is effected:
- Quantity of places, in accordance with quantity, indicated in the shipping documents;
- Quantity of articles, in accordance with specification and packing list;
- Quality, in accordance with p.5 of present Contract.
9 Penal Sanctions
9.1. From the part of the SELLER:
9.1.1. In case the delivery is not effected in the stipulated dates, the SELLER pays out to the BUYER penalty at the rate of 0.1% from the total value of non delivered goods per every day provision.
9.1.2. In case the expiration date exceeds 14 (fourteen) days, the SELLER pays out to the BUYER at the rate of 0.2% from the total value of non delivered goods per an every day penalty provision.
9.1.3. In case the expiration date of all goods or part of it exceeds 30 (thirty) days stipulated by the present contract and it's Appendixes, the SELLER pays out to the BUYER the penalty at the rate of 0.5% from the total value of the contract or its non-delivered part per an every day penalty provision.
9.1.4. The payment of the penalty does not release the SELLER from responsibility of fulfilling the present contact.
9.1.5. In case delivered goods do not correspond to the quality against the present contract, the SELLER pays out to the BUYER the penalty at the rate of 0.1% from initial cost of defective articles.
9.1.6. The Penalty payment of default of contract conditions does not release the SELLER from reparation of damages caused to the BUYER because of non observance of contract conditions and obligations by the SELLER.
9.2. From the part of the BUYER:
9.2.1. In case the payment is not effected in the stipulated dates against the present contract, the SELLER has the right to request the BUYER to pay out penalty at the rate of 0.1% from the total value of non paid goods per an everyday.
9.2.2. If the expiration date exceeds more than 14 (fourteen) days, the SELLER has the right to request the BUYER to pay out penalty at the rate of 0.2% of the total value of non paid goods per an everyday.
9.2.3. Payment of the penalty does not release the BUYER from responsibility of fulfilling the present contact.
10 Force majeure
10.1. The parties are released from responsibility for partial or complete nonfulfillment of their liabilities under the present contract, if the execution is caused by the circumstances of Force Majeure, appeared after conclusion of the contract, and none of the parties could foresee or prevent them by reasonable measures .
10.2. Force Majeure circumstances are those events that the parties could not influence and for those they do not carry out the responsibility.
10.3. During Force Majeure circumstances the parties are released from their responsibilities and the sanctions for non fulfillment of their obligations are not adjusted.
11.Disputes
11.1. All the controversies and claims, because of the present contract are solved by negotiations. In case the disputes are not regulated by negotiations – they are transferred to Arbitration of Moscow and Moscow region.
11.2. Applicable right against the present contract is the legislation of Russian Federation.
12.Other Conditions
12.1. Each Party is not entitled to transfer the authority and responsibilities to the third person without a written agreement of the other Party against the present Contract.
12.2. Any add-ins or changes to the present Contract can be made only in writing by mutual agreement and signed by authorized person from both Parties.
12.3. The Contract is formed in duplicate for each of the Party and have equal legal force.
12.4. The present Contract comes into force from the moment of its signing and is valid during 2 (two) years from the indicated date.
One of the main documents when exporting goods is. In the contract for the export of goods, all points for the supply of goods must be accurately and unambiguously interpreted. Each contract, specification and additional agreements have their own number, as well as the place and date of signing. Specifications and additional agreements must necessarily contain a reference to the contract.
If the delivery of goods is carried out to the countries of the EAEU and the CIS, then the contract can only be drawn up in Russian. When exporting to other countries, a contract must be drawn up in two languages - Russian and English. At the same time, all clauses, both in the Russian and English versions of the contract, must be interpreted equally and unambiguously.
Each sheet of the contract must be signed in order to avoid unlawful substitution of sheets. Also, strikethroughs, erasures, amendments and corrections are not allowed in the contract. If it is necessary to remove, add or change clauses in the contract, an additional agreement should be concluded.
The contract should include the following sections:
- Preamble. Names of the parties.
The name of your organization, city (country, country code), hereinafter referred to as the "Supplier", represented by the position and full name of the head acting on the basis of (for example, the Charter), on the one hand, and the name of your counterparty's organization, city (country, country code ), hereinafter referred to as the "Buyer", represented by the position and full name of the manager acting on the basis of (), on the other hand, have concluded this contract as follows:
- Subject of contract. Usually, this clause refers to the specification, which is an integral part of the contract.
- Prices and amount of the contract - in what currency the price is set for the unit of the Goods. The total amount is prescribed, and VAT 0% is indicated.
- Settlement procedure: payment currency, date and terms of payment, responsibility for additional expenses
- Terms and conditions for the delivery of goods: a list of accompanying documents and the number of copies is given, the transfer of ownership of the goods is determined, the terms and procedure for filing claims.
Important, if the contract is concluded for export to the EAEU countries, the deadline for submitting an application for the import of goods and payment of indirect taxes should be indicated
- Product quality: if product quality is determined by GOSTs, they must be given and accurately named.
- Responsibility of the parties - the responsibility of the parties for non-compliance with the provisions of the contract and the fines and penalties provided for in this case are signed
- Force majeure - situations related to violation of the provisions of the contract, independent of the activities of the parties, the timing of notification of such situations
- Additional conditions - points are written that are not included in the previous sections, but contain important information on your transaction. For example, the number of copies, conditions for termination of the contract, provisions regarding specifications and additional. agreements.
- Contract duration
- Addresses and details of the parties: name of the organization, legal address, TIN / KPP, PSRN, bank account, correspondent / account, BIC, contacts (phone, email, website), signatures of those who entered into the contract
Particular attention should be paid to:
Quantity of goods and its packaging Payment term Delivery time Accompanying documents Responsibility of the parties.
Specification for the contract
The specification is drawn up for the contract and is its integral part. It states:
1. Preamble- the same as in the contract.
2. Specification items:
- Reference to the clause in the contract on the basis of which the specification is drawn up, the total amount of the contract, including VAT and delivery terms according to Incoterms -2010
- Procedure and term of payment
- Product information is presented in the table
|
Name |
measurements |
Qty |
Price |
____________ (Russia) ""________201__
Being a legal entity under the laws of the Russian Federation, hereinafter referred to as "Salesman", represented by ______________________________, acting on the basis of __________, on the one hand, and _____________________, which is a legal entity under the laws of _________________, hereinafter referred to as "Buyer", represented by ___________, acting on the basis of _______________, on the other hand, collectively referred to as the "Parties", and individually - the "Party", have concluded this Contract as follows.
1. SUBJECT OF THE CONTRACT
1.1. The Seller undertakes to transfer into the ownership of the Buyer, and the Buyer undertakes to accept and pay within the terms established by this Contract, instruments and equipment (hereinafter referred to as the “Goods” or “equipment”) corresponding in quantity, corresponding in quantity and price to Appendix No. 1 to contract. The technical characteristics of the Goods are given in Appendix No. 2 to the contract. Annexes to the contract are its integral part.
2. COST OF THE CONTRACT
2.1. The total cost of the Contract is - _________ Russian. rub. (Russian rubles 00 kopecks).
2.2. The price includes all customs fees and duties that must be paid in the country of the Seller, as well as the costs associated with obtaining a certificate of origin of the goods (ST-1 form), insurance and transportation of the Goods to the destination - ________________
3. TERMS OF DELIVERY OF GOODS
3.1. Delivery of the Goods is made on the terms of CIP - g.___________ ("Incoterms - 2000").
3.2. The goods must be delivered within _______ (_______) days (months) from the receipt of the advance payment (clause 4.1.1) to the Seller's settlement account. During this period, the Goods must be handed over to the Carrier to organize its delivery to the Buyer.
3.3. The date of delivery is the date of transfer of the equipment to the Carrier, stated in the document (bill of lading, courier receipt, etc.) issued by the Carrier upon acceptance of the equipment from the Seller.
3.4. The ownership of the Goods passes to the Buyer at the moment the Seller fulfills his obligations for delivery (clause 3.3.).
3.5. Together with the Goods, the Seller transfers to the Buyer the following documentation for it:
- passport and instruction manual (in Russian) - 1 pc. for each measuring instrument (original);
- certificate of verification (passport with a mark of the verifier) - 1 pc. for each measuring instrument (original);
- invoice for the supplied Goods (original);
- waybill for the release of the Goods (original);
- insurance policy (copy);
- certificate of approval of the type of measuring instrument issued by the State Standard of Russia (Federal Agency for Technical Regulation and Metrology) - for measuring instruments (copy);
- certificate of origin of the Goods (ST-1 form) (original) - for the Goods manufactured in Russia;
- packing list (original).
4. TERMS OF PAYMENT
4.1. The Buyer makes payment under this Contract in the following order:
4.1.1. Advance payment in the amount of 100% of the total contract value - __________ Russian. rub. (___________Russian rubles 00 kopecks) within 7 calendar days from the date of signing this Contract by both Parties.
4.2. Form of payment: bank transfer to the Seller's settlement account specified in clause 10 of the Contract or another settlement account specified by the Seller.
4.3. All costs associated with the implementation of the payment (including the commission of the correspondent bank) shall be borne by the Buyer.
4.4. The currency of settlements and payments under this Contract is the Russian ruble.
5. QUALITY OF GOODS, ACCEPTANCE OF GOODS, CLAIMS.
5.1. The quality and completeness of the supplied Goods must comply with this Contract and the specifications for the supplied Goods. The document confirming the quality of the Goods, which is a measuring instrument, is a certificate of verification (passport with the brand of the verifier).
5.2. The goods under this contract are considered delivered by the Seller and received by the Buyer:
in terms of quality - according to clause 5.1. contract
by quantity - according to shipping documents.
Upon receipt of the Goods from the Carrier, the Buyer inspects the cargo (in particular, checks the condition of the shock sensors, the absence of external damage and signs of opening the package, etc.). If the Goods arrived without packaging, in open or damaged packaging, or with shock sensors triggered, the Buyer immediately upon receipt of the goods accepts the Goods in terms of quantity and quality, as a result of which the Carrier and the Buyer draw up a commercial act with a detailed description of the state of the packaging and the identified inconsistencies of the Goods. The drawing up of the specified act is carried out until the moment the Buyer signs the documents confirming the receipt of the goods from the Carrier.
5.3. Claims
5.3.1. Claims regarding non-compliance of the Goods in quality or quantity must be submitted to the Seller within 10 days from the date of receipt of the Goods from the Carrier, but not more than 20 days from the date of delivery of the Goods to the destination.
5.3.2. In the event of a defect in the Goods that could not be detected during normal acceptance, the claim must be filed within 10 days from the date of discovery by the Buyer of this defect, but in any case within 12 months from the date of delivery of the Goods (clause 3.4).
5.3.3. Any claim must be made in writing. The claim must indicate the type and serial number of the Goods; a detailed description of the malfunctions of the Goods; number and date of this contract.
5.3.4. The defective Goods shall be repaired at the Seller's enterprise. However, in certain cases, information about maintenance and repair may be provided to the Buyer using operational telecommunications.
5.3.5. Defective Goods sent to the Seller must be properly packaged and shipped freight and customs prepaid.
Defective Goods are sent to the Seller in a clean state, in full, as indicated in the passport and the instruction manual.
5.3.6. If it is found that the quality of the Goods does not comply with the terms of this Contract, the Seller shall, at its option, replace the defective Goods with a similar one or repair it.
5.3.7. Delivery of the repaired (replaced) Goods to the Buyer is made at the expense of the Seller on the terms and within the terms specified for the originally delivered Goods.
5.3.8. Claims against the Seller are not accepted in the following cases:
The claim was filed in violation of the terms established in clauses 5.3.1-5.3.2 of the Contract;
The goods were damaged after the Seller fulfilled its delivery obligations (clause 3.4);
Defects of the Goods arose as a result of a violation of the rules for its operation (in particular: incorrect installation, untimely performance of routine maintenance, careless handling or poor maintenance, connecting the device to a power source not provided for by the operating manual, operation of the equipment in an abnormal mode or in conditions not provided by the manufacturer) , transportation, use of the Goods for other purposes, its disassembly, improvements, changes or other work performed with the Goods by any person other than the Seller and persons authorized by him;
Goods have mechanical or thermal damage; damage caused by the ingress of liquid, aggressive media, insects and other foreign bodies or damage caused by excessive dust and dirt inside the housing products;
Claims are made in relation to components that are wearing out and / or consumables;
In other cases established by the current legislation of the Russian Federation.
In these cases, all repair, transport and customs costs are paid by the Buyer.
5.3.9. The Seller may refuse to satisfy the claim if the defective Goods for which the claim was made arrive at the Seller after 2 months from the date of filing the claim.
6. PACKAGING AND MARKING OF GOODS
6.1. The goods must be packed in the Seller's standard packaging.
6.2. Each packaging unit (box, crate) must be labeled.
6.3. Marking is made in Russian.
6.4. The label must contain:
Name of the Buyer,
Seller's name,
Fragile warning signs.
7. FORCE MAJOR
7.1. The Parties shall not be liable for non-fulfillment or partial non-fulfillment of obligations under this Contract, if this non-fulfillment was the result of force majeure circumstances.
7.2. Under such circumstances, the parties mean:
7.2.1. Natural disasters (hurricanes, snowfalls, floods, etc.) with the exception of non-extreme seasonal events;
7.2.2. Strikes, lockouts, epidemics and other extreme economic, social and sanitary circumstances;
7.2.3. Military operations, blockades, states of emergency;
7.2.4. Acts of states prohibiting (restricting) export or import;
7.2.5. fires;
7.2.6. Other circumstances beyond the reasonable control of the Parties.
7.3. The Party for which it became impossible to fulfill obligations under this contract must notify the other Party in writing within 15 days from the date of force majeure.
7.4. In the event of such circumstances, the time period for the Parties to fulfill their obligations under the Contract shall be extended in proportion to the time during which such circumstances exist and their consequences are eliminated.
7.5. Certificates issued by the chamber of commerce of the country of the Seller and the Buyer, respectively, will serve as a proper proof of the existence of the above circumstances and their duration.
8. RESOLUTION OF DISPUTES
8.1. All disputes arising during the execution of this Contract or in connection with it, or arising from it, must be resolved through negotiations between the Parties. If the Parties cannot reach an agreement, their dispute shall be resolved in the arbitration court ___________________________.
8.2. The relations of the Parties not regulated by this Contract shall be subject to the substantive law of the Russian Federation.
9. OTHER TERMS
9.1. This Contract comes into force from the moment of its signing by the Parties and is valid until _________________201__, but in any case until the Parties fully fulfill their obligations.
9.2. Changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of both Parties.
9.3. This Contract is executed in Russian. A faxed copy is legally binding.
9.4. Any notice under this contract shall be given in writing in Russian in the form of a telex, facsimile message, e-mail message or sent by registered mail to the recipient at his address specified in clause 10. contract. When changing the address, the Party must notify the other Party in writing.
9.5. The Buyer and the Seller agree that the terms of this Contract shall not be disclosed to anyone outside their organizations.
9.6. If the Buyer does not make payment under the Contract within one month from the date of its signing, the Seller may unilaterally withdraw from the Contract, in particular, reconsider the price of the Goods and the terms of its delivery.
10. ADDRESSES AND DETAILS OF THE PARTIES
The supplier:
Buyer:
Application No. 1
to contract No. ______ dated ______ 201_
QUANTITY AND PRICE OF GOODS
Total: ___________ Russian rub. (__________ Russian rubles 00 kopecks).
Application No. 2
to contract No. ___________ dated _________ 201_
PRODUCT SPECIFICATIONS
PREPARATION OF FOREIGN ECONOMIC CONTRACT- is one of the most important components of a foreign economic operation, this is determined by the fact that it is the contract that regulates the conditions of the foreign economic operation, its rights and obligations of the parties, as well as their liability in case of non-fulfillment of contractual terms. FOREIGN ECONOMIC AGREEMENT - (contract)- this is a materially executed agreement of two or more subjects of foreign economic activity and their foreign counterparties, aimed at establishing, changing or terminating their mutual rights and obligations in foreign economic activity. .
A foreign trade agreement (contract) is drawn up in accordance with the Law of Ukraine "On Foreign Economic Activity" and other laws of Ukraine, taking into account international treaties of Ukraine. A foreign economic agreement (contract) is concluded by a subject of foreign economic activity or his representative in a simple written form, unless otherwise provided by an international treaty of Ukraine or the law. In accordance with Articles 627 and 628 of the Civil Code of Ukraine, the parties are free to conclude an agreement, choose a counterparty and determine the terms of the agreement, taking into account the requirements of this Code, other acts of civil law, business practices, the requirements of reasonableness and fairness.
- Conditions (clauses) determined at the discretion of the parties and agreed upon by them.
- Conditions that are mandatory in accordance with acts of civil law.
Certain types of obligations are regulated by Section III of Book Five of the Civil Code of Ukraine, the Laws of Ukraine "On the regulation of barter (barter) operations in the field of foreign economic activity", "On operations with tolling raw materials in foreign economic relations", "On financial leasing" and others.
CONTRACT No. ____
Hereinafter referred to as the "Seller", represented by ______________, who acts on the basis of ____________, on the one hand, and LIMITED LIABILITY COMPANY "______________", hereinafter referred to as the "Buyer", represented by the Director ___________, acting on the basis of the Charter, on the other hand have concluded this Contract as follows:
1. SUBJECT OF THE CONTRACT
- 1.1. The Seller sells, and the Buyer buys on the terms of CPT Kyiv, Ukraine (INCOTERMS-2010) __ ___________________ (hereinafter referred to as the "Goods") in accordance with the quantity, assortment and prices specified in Appendix No. 1, which is an integral part of this Contract.
- 1.2. The product is intended for own consumption.
2. AMOUNT OF THE CONTRACT AND TERMS OF PAYMENT
- 2.1. The total amount of the Contract is ________ (______________, 00).
- 2.2. All costs for customs clearance of the Goods in Ukraine (payment of duties, taxes and other fees, as well as the costs of customs formalities payable upon import of the Goods) shall be borne by the Buyer.
- 2.3. The Buyer pays the agreed selling price to the Seller as follows:
- 2.3.1. Prepayment - 100% of the amount of the Contract, no later than 10 calendar days from the date of signing the Contract by both parties.
- 2.4. All bank charges related to making payments shall be borne by the Buyer.
3. TERMS OF DELIVERY OF GOODS
- 3.1. Delivery of goods in the amount specified in Appendix No. 1 to this contract must be carried out no later than 10 (ten) weeks from the moment the buyer transfers the advance payment in accordance with clause 2.3.1. of this contract. Delivery by parts and additional delivery is allowed.
- 3.2. Goods are delivered on the terms of CPT Kyiv, Ukraine (INCOTERMS-2010).
- 3.3. The Seller warrants that the Goods supplied are free from any rights and/or claims of third parties.
- 3.4. The Seller undertakes to supply with the Goods a complete set of technical documentation in Russian, necessary for the operation and maintenance of the Goods.
- 3.5. A set of the following documents is supplied with the product:
- 3.5.1. - invoice (invoice) indicating the country of origin of the goods, net and gross weights - 3 copies;
- 3.5.2. - packing list (indicates the content of the cargo, net and gross weight, the number of packed pieces and their dimensions) - 3 copies;
- 3.5.3. - waybills (CMR) - 3 copies;
- 3.6. The risk for the safety of the equipment passes from the Seller to the Buyer in accordance with the terms of delivery of CPT Kyiv, Ukraine (INCOTERMS-2010).
4. CONDITIONS OF ACCEPTANCE OF GOODS
- 4.1. The Buyer's representative receives the Goods at: ______________________________.
- 4.2. The Goods are considered delivered by the Seller and accepted by the Buyer:
- 4.2.1. by quantity - according to the number of pieces and weight indicated in the transport document of the point of departure, and according to the data indicated in the specification and shipping documents;
- 4.2.2. in terms of quality - according to external signs, as well as in accordance with the legislation of Ukraine.
- 4.3. The Buyer undertakes to complete customs procedures and unload the Goods within 48 hours after the goods arrive at the place of unloading in accordance with clause 4.1. of this Contract. The Buyer bears the costs of vehicle downtime in excess of the specified time.
5. PACKAGING AND LABELING
- 5.1. Goods must be packaged in accordance with international standards when transported by all types of vehicles.
- 5.2. The goods must be marked in a manner suitable for identifying the goods in English or Russian.
6. PRODUCT QUALITY AND WARRANTY
- 6.1. The quality and completeness of the Goods must comply with the current standards of the Buyer's country and the technical specifications specified in Appendix No. 1 to this Contract.
- 6.2. The warranty period is 24 (twenty four) months from the date of delivery of the Goods to the Buyer.
7. RESPONSIBILITIES OF THE PARTIES
- 7.1. Losses incurred by one of the Parties due to violation of the terms of this Contract by the other Party shall be reimbursed, taking into account that:
- 7.1.1. if the Buyer does not comply with the requirements of clause 2.3.2, the Buyer shall pay the Seller a penalty in the amount of 0.1% of the value of the delivered Goods for each day of delay, but not more than 10% of the total amount of the Contract;
- 7.1.2. in the event of a delay in the delivery of the Goods, provided that the Buyer has complied with the requirements of clause 2.3, the Seller shall pay the Buyer a penalty in the amount of 0.1% of the value of the Goods not delivered for each day of delay, but not more than 10% of the total amount of the Contract;
- 7.2. When carrying out their commercial activities, the Buyer and the Seller undertakes not to take any actions of a corrupt nature (bribes, illegal influence on state and municipal authorities, officials of institutions, enterprises, organizations, etc.). Violation of obligations under this clause of the Contract by one of the Parties is a material breach of the Contract and entitles the party complying with the obligations under this clause not to compensate for the losses provided for in clause 7.1 of this Contract, the party that violated the obligations of this clause.
8. FORCE MAJOR
- 8.1. The Parties are released from liability for failure to fulfill and/or improper fulfillment of obligations under this Contract, and the deadline for fulfilling obligations under this Contract is postponed in the event of force majeure (natural disasters, hostilities of any nature) and other circumstances beyond the control of the Parties, in proportion the duration of such circumstances, if such circumstances are confirmed by a certificate from the Chamber of Commerce and Industry of the Party making the claim and other authorized bodies.
- 8.2. Upon the occurrence or termination of force majeure circumstances for one of the Parties, the latter is obliged to immediately inform the other Party in writing. Failure to notify or untimely notification of force majeure circumstances deprives the respective Party of the right to refer to them in the future.
9. OTHER TERMS
- 9.1. From the moment of conclusion of this Contract, all previous correspondence and negotiations of the Parties regarding its subject matter become invalid.
- 9.2. In the event of a discrepancy between certain provisions of this Contract and the current legislation of Ukraine during the term of its validity, it will remain in force as a whole, and the parties will strive to find a solution that is most complete in meaning and economically consistent with this provision.
- 9.3. In the event of a discrepancy between certain provisions of this Contract, the Russian and English versions shall be considered the Russian version as the main one.
- 9.4. All disagreements arising as a result of or in connection with this Contract shall be resolved through negotiations between the Parties. If the Parties cannot reach an agreement through negotiations, the dispute that has arisen is subject to judicial review and resolution in the established arbitration court of the Party making the claim. The decision of the arbitration will be final and binding on the Parties and cannot be appealed.
- 9.5. All annexes, additions and amendments to this Contract are its integral parts and are valid only if they are executed in writing, signed by authorized representatives of the Parties and affixed with the seals of the Parties.
- 9.6. The contract, all additions and annexes to it, signed by both parties and transmitted by fax or by e-mail, are legally binding with the subsequent provision of the originals.
- 9.7. Neither Party has the right to transfer its rights and obligations under this Contract to a third party without the prior consent of the other Party.
- 9.8. If during the term of this Contract the payment or postal details fixed in this Contract change, the Parties shall execute the changes by signing the Supplementary Agreement.
- 9.9. Each party is responsible for the correctness of the details specified by it in this Contract. In case of failure to notify or improper notification of the other party about the change in the details, the party that did not notify is liable and risks the negative consequences of such failure to notify.
10. TERM OF THE CONTRACT
- 10.1. This Contract shall enter into force from the moment of its signing by authorized representatives of the Parties, as well as sealing, and shall be valid until the Parties fulfill their obligations under this Contract.
- 10.2. In case of early termination of this Contract, the initiating Party must notify the other Party in writing at least 30 working days before terminating this Contract, and at least 15 working days before terminating this Contract, reimburse the losses of the other Party in accordance with paragraph .7.1 of this Contract.
- 10.3. This Contract is drawn up in 2 original copies in Russian and English, one copy for each Party, and each copy has equal legal force.
11. STOPOH LEGAL ADDRESSES
- SALESMAN
- Seller's bank
- Confidant ___________________
- seal
- BUYER
- Buyer's BANK
- Director ______________________
- seal
Other documents that are used in international practice instead of a foreign economic agreement.
Often, subjects of foreign economic activity receive goods free of charge, these can be samples for research, gifts, goods whose value is less than 100 euros, and then. in these cases, questions arise: how can customs clearance of goods be carried out without having a foreign economic contract for the supply of such goods? Instead of a contract agreement in international practice, other documents may be used that fix the content of the transaction or other legally established grounds for the movement of goods and vehicles across the customs border of Ukraine, see below for more details. According to Article 27 of the Law of Ukraine "On Information", a document is a material form of obtaining, storing, using and disseminating information provided by law by fixing it on paper, magnetic, film, video, film or other media. If the author creates an electronic document and a document on paper that are identical in terms of documentary information and details, each of the documents is an original and has the same legal force (Article 7 of the Law of Ukraine "On Electronic Documents and Electronic Document Management").
In accordance with paragraph 1 of Article 202 of the Civil Code of Ukraine, a transaction is an action of a person aimed at acquiring, changing or terminating civil rights and obligations, but the content of the transaction should not contradict the Civil Code of Ukraine, as well as other acts of civil legislation. The requirements for the written form of a transaction are established by the provisions of Article 207 of the Civil Code of Ukraine, which, in particular, provide that a transaction is considered to be made in writing if:
- its content is recorded in one or more documents, letters, telegrams exchanged between the parties;
- the will of the parties is expressed by teletype, electronic or other technical means of communication;
- it is signed by his party(ies).
The company "Consulting VED service" provides services
for the preparation of foreign economic contracts, as well as:
- Drawing up contracts for processing, repair, contracts for the processing of customer-supplied raw materials.
- Drawing up commission agreements, leasing agreements, agreements on joint investment activities.
- Drawing up additional agreements to existing foreign economic agreements (contracts).
- Preparation and filling of various shipping and commercial documentation: invoices, packing lists, certificates of origin, shipping and railway bills, CMR, Carnet Tir, etc.
- We will provide maximum assistance in the necessary for customs clearance.
- We will qualitatively provide on various issues related to the conduct of foreign economic activity.
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