CONTRACT ON DELIVERY
Of Printed Production # 05-02/00-p
Novosibirsk February 10, 2000
Limited liability company [Top-Kniga] hereinafter named as [The Vendor], in the
person of General Director Xxxxxx Xxxxxxx Xxxxxxxxxxxxxx, acting on the basis of
the Charter, on one part, and ZAO [OXIRIS], hereinafter named as [the
Purchaser], in the person of General Director Xxxxxx V. A., acting on the basis
of Power of Attorney, on the other part, have concluded the present Contract on
the following:
1. SUBJECT OF THE CONTRACT
1.1. The Vendor undertakes to transfer into the proprietary right of
the Purchaser printed production named hereinafter as goods, and the Purchaser
undertakes to accept it and pay for it in an amount and within a period of time,
as foreseen by the present contract.
1.2. Assortment, quantity and price of the goods are indicated in
invoices, which are inherent parts of the present contract.
2. PRICE AND SETTLEMENT PROCEDURE
2.1. Prices for the goods are determined by the Vendor on his own and
indicated in invoices.
2.2. Payment for the goods is performed in rubles of the Russian
Federation. As the date of payment, one should consider either the date of
entering of money resources into the Vendor settlement account or the date on
the cash credit - order.
2.3. The Purchaser performs payment for the goods within the period of
time as follows:
- Pre-payment 100 %.
The parties for each delivery of goods may additionally agree terms of
payment.
2.4. Any form of payment is allowed, including mutual reckoning.
3. DELIVERY CONDITIONS
3.1. The delivery of goods is implemented: - in case of delivery within
one city - in the Vendor's warehouse, by self - delivery; - in case of delivery
to another town, the date of transferring the goods to either transport company
- conveyer or organization of communication is considered as the date of
delivery;
the statement of goods delivery is signed by both parties and stamped.
3.3. Transfer of risk of casual destruction or damage is established
since the moment of goods reception at the Vendor's warehouse or since moment of
goods transfer by the Vendor to transport company or organization of
communication for sending.
3.4. Acceptance of the goods in respect of quantity is performed either
in the Vendor's warehouse or at the moment of goods reception from a Transport
Company. While transferring the goods in package or in packing, checking of the
package contents is not performed at the place of transferring the goods.
Checking the quantity and quality of goods with opening the package is
implemented in a manner and within the period of time, as established by valid
instructions # P-6 of 15.06.65, # P-7 of 25.04.66. Of all drawbacks revealed,
The Purchaser informs the Vendor in written form within the period of time, as
established by above - mentioned instructions.
3.4. Certification of the goods is within the Vendor's responsibility.
The quality of goods should correspond to valid normative - technical
documentation for this branch of activity in Russian Federation. The defective
goods is subject to be exchanged or to be re - accounted in respect of payment
sums, if the rejects were formed not through the Purchaser's fault.
3.5. The Vendor transfer to the Purchaser the goods in package
corresponding to goods safety and other conditions, as required for storage and
shipment.
4. RESPONSIBILITY, FORCE MAJEURE
4.1. For infringement of item 2.3. of the present contract, the
Purchaser pays forfeit in an amount of 0.5 % of the sum of payment delayed per
each calendar day of delay. The payment of forfeit does not release from
execution of the commitments in accordance with the contract.
4.2. In case of inopportune (within more than 3 days since the moment
of reception of information from the Purchaser) exchange of defective goods or
payment re - calculation, the Vendor pays to the Purchaser forfeit in an amount
of the value of the defective goods.
4.3. In other respects not foreseen by the present contract, the
parties bear responsibility in accordance with the valid legislation of the
Russian Federation.
4.4. The arguments in connection with the contract are settled in a
voluntary manner, and in case of failure to reach an agreement - in the Court of
arbitration at the whereabouts of respondent.
4.5. The parties are released from mutual responsibility in case of
approaching circumstances of force - majeure, namely: natural calamities,
accidents or transport strike, military actions, legislative regulations
preventing the contract from being executed. Each party immediately notifies the
other party on the approach of such circumstances or cessation thereof. In this
case, execution in accordance with the contract suspends for the period of
validity of force - majeure circumstances.
5. TERM OF CONTRACT VALIDITY. OTHER PROVISIONS
5.1. The contract comes into force since the moment of signing and is
valid till December 31, 2000 or to the final settlement of parties. The contract
is considered as prolonged, if none of the parties informs in written form on
the intention to cancel the contract. The contract may be canceled in unilateral
manner 30 days before the cancellation date supposed, after execution of mutual
settlements in respect of deliveries.
5.2. The contract is considered as concluded and is valid in the form
of facsimile copy having necessary signatures and seals on a condition, that the
original will be further sent to The Vendor by post within 3 days.
5.3. The parties undertake to inform each other on requisite changes
within 3 days. Losses caused by non - execution of this provision are completely
indemnified to the party, which has incurred them.
5.4.
ADDRESSES, BANK DETAILS AND SIGNATURES OF PARTIES
THE VENDOR: THE PURCHASER:
----------- --------------
OOO[TOP-Kniga] ZAO[OXIRIS]
Novosibirsk - 8, legal address: 000000, Xxxxxx, Xxxxxxx xxxxxxx,
X. Xxxxxxxxx xxxxxx, 000 building 12
settlement account 40702810544050180176 settlement account 40702810700030000049
in Novosibirsk bank CB RF in KB[Evrozapsibbank], Moscow
Novosibirsk correspondent account 301018100000000726
BIK 045004641 BIK 044585726
correspondent account 30101810500000000641 INN 7706200205
INN 5405164630 OKONKh code 71100, 71200, 71500
OKONKh code 71500 OKPO code 51260913
OKPO code 41373724 postal address: Moscow,. Xxxxxxx xxxxxxx, 000000,
postal address: 000000, Xxxxxxxxxxx, Xxxxxxx building 12, office 00
xxxxxx, 1 / 1 telephone 000 00 00
tel. / fax: 36 - 10 - 26 fax 000 00 00
General director of General director of
OOO[Top - kniga] ZAO[OXIRIS]
(Lyamin G. A.) (Dolgov V. A.)
(Signature) (Signature)
(Seal) (Seal)
