Agreement No. P - 043 / 00
AGREEMENT
ON PROVISION OF EXPRESS DELIVERY TRANSPORT & EXPEDITION SERVICES
Moscow February 23, 2000
Present agreement has been concluded between OOO [United Parcel service
(RUS)] in the person of general director Shatskikh Xxxx Xxxxxxxxxxx, acting on
the basis of the Company's Charter, hereinafter named as UPS, and ZAO [Oxiris]
in the person of general director Dolgov V. A., hereinafter named as Client, on
the following:
1. SUBJECT
1.1. UPS provides the Client, within the period of validity of the
present agreement, with the complex of transport - expedition services of
express - delivery of documents and cargoes (hereinafter express - cargoes) in
accordance with the principle of [from door to door] to various destination
points in countries served by UPS.
2. GENERAL
2.1. UPS accepts for sending express - cargoes of documentary and
documentary free type.
2.2. Conditions of shipments carried out by UPS are governed by
regulations of Convention on the Unification of Rules of International Shipment
of Cargoes by Aircraft of October 12, 1929, Additional Protocol for the
Convention mentioned of September 28, 1955 and Convention concerning the
Agreement on International Road Shipment of Cargoes of May 19, 1956, on which
basis the [Conditions of shipment] of UPS listed in way - xxxx were developed.
2.3. The present agreement and way - xxxx with listed Conditions of
shipment of UPS, which is put in order while transporting any separate express -
cargo, are inherent parts of each other, which allow to determine will of
parties, which have concluded the present agreement.
2.4. Express - cargoes not forbidden by the Conditions of shipment of
UPS and legislation of countries of dispatch, transit and destination are
accepted for sending.
2.5. UPS has the right to check correspondence of the cargo description
provided by Client in the way - xxxx and accompanying documents to its real
contents.
2.6. UPS has the right to delay express - cargoes, the contents of
which is forbidden to be sent, and also destroy or permit to destroy express -
cargoes, the contents of which may cause damage of other cargoes, creates danger
to life and health of UPS workers or third persons, if this danger cannot be
eliminated by other means.
3. UPS OBLIGATIONS
3.1. UPS takes all reasonable measures to deliver express - cargoes to
a destination point within the shortest periods of time.
3.2. UPS provides all sent and received cargoes to a Custom
legalization in accordance with the Russian legislation.
3.3. Acceptance of express cargoes for sending is implemented by UPS
courier in the time and place agreed by the parties in advance.
3.4. At Client's request, UPS presents information on goods delivery.
3.5. UPS for gratis provides Client with air craft way - bills,
standard packing and reference materials as required.
4. UPS RESPONSIBILITIES
4.1. In case of loss or damage of an item of mail of non - documentary
type through the fault of UPS, UPS indemnifies to Client the cargo value,
however, in an amount not exceeding the sum equivalent to 100 USA dollars.
4.2. Client may increase the limiting amount of indemnity for losses
occurred through the fault of UPS to an equivalent of 50,000 USA dollars per one
place of express cargo of non - documentary type. To do it, he can make a
corresponding entry to the column [Declared Value of Shipment for Insurance
Only], undertaking at the same time the obligations for additional payments for
the value declared in accordance with tariffs of UPS.
4.3. Provisions as per items 4.1., 4.2. are not applied to express -
cargoes of documentary type.
4.4. UPS bears no responsibility for loss or damage of cargo forbidden
to be sent, including the case, when such a cargo was accepted for sending by
mistake.
5. CLIENT OBLIGATIONS
5.1. Client guarantees readiness of the cargo, availability and
correctness of filling in accompanying documents as required.
5.2. Client bears responsibility for correctness of information
concerning sender, recipient, value and contents of the express - cargo.
5.3. Client bears responsibility for packing the express - cargo, which
ensures its safe keeping in the course of shipment.
5.4. Client guarantees to pay bills for UPS services in accordance with
provisions of section 6.
6. TARIFFS AND TERMS OF PAYMENT
6.1. Payment for UPS services is implemented in accordance with valid
tariffs. The valid tariffs do not VAT and sales tax, in case they are
applicable. The valid tariffs may undergo changing, on which UPS undertakes to
inform Client in advance.
6.2. Payment of bills for UPS services is implemented through a bank
remittance in Russian rubles at a rate of the Central Bank of the Russian
Federation at the date of payment plus three percents. Bills are subject to be
paid within 7 calendar days.
6.3. While paying for UPS services by cash or through credit card,
settlements are carried out at a rate established by UPS for the date of
payment.
6.4. Terms of payment for shipment by recipient or the third person are
coordinated by the Supplement, which is inherent part of the present agreement.
6.5. Fine for delay of Client's payment for UPS services in accordance
with the present agreement is equal to 0.5 % per one calendar day of delay.
6.6. In case of Client's non - payment bills for UPS services within 30
calendar days, UPS has the right to suspend providing services in Accordance
with the present agreement, until the payment has been made.
7. FORCE MAJEURE
7.1. None of the parties bears any responsibility to the other party
for delay or non - execution of obligations, which are caused by circumstances
of force majeure, which occurred against of parties' will and desire, and which
could not be foreseen or avoided, including declared or actual war, civil
disturbances, epidemics, blockade, embargo, and also earthquakes, floods, fires
and other natural calamities.
7.2. The party, which cannot execute its obligations due to
circumstances of force majeure, shall immediately notify the other party on the
circumstances specified.
7.3. In connection with occurred circumstances of force majeure, the
parties shall sign the statement on termination of validity of the present
agreement or coordinate joint actions towards overcoming unfavorable
consequences of the circumstances specified.
8. ORDER OF ARGUMENT EXAMINATION.
8.1. Arguments, which may appear in the course of execution of the
present agreement and corresponding additional agreements, are settled between
the parties in the course of negotiations.
8.2. All disagreements and arguments arisen ion the course of execution
of the present agreement and corresponding additional agreements and unsettled
in the course of negotiations are subject to be transferred for examination to
the Court of arbitration of the Russian Federation.
9. VALIDITY AND TERMINATION OF THE AGREEMENT
9.1. The present agreement comes into force since the moment of its
signing by both parties. The agreement is concluded for the period of 1 year and
automatically prolonged for the next period, if none of the parties notifies in
written form on its will to cease the agreement not later than 1 month before
the expiration of the term of validity of the agreement.
10. LEGAL ADDRESSES AND BANK DETAILS
OF THE PARTIES.
UPS: Client:
----- -------
OOO[united Parcel Service (RUS)] ZAO[OXIRIS]
Russia, 123557, Moscow, B. Tishinskii lane, 117802, Moscow,
building 8 / 2. Nauchny passage, 12
INN 7707280394 INN 7706200205
Settlement account 40702810500700701026 Settlement account 40702810700030000049
in KB[Sitibank T / O](OOO), Moscow in KB[Evrozapsibbank]
BIK 044525202 BIK 044585726
Correspondent account 30101810300000000202 Correspondent account 30101810000000000726
Currency account 40702840300700701018 OKPO 00000000
in KB[Sitibank T / O](OOO), Moscow OKONKh 71100, 71200, 71500
Correspondent account 00000000 in Citibank New York
SWIFT XXXXXXXX
9. SIGNATURES OF THE PARTIES.
UPS: Client:
General director General director
OOO[United Parcel Service (RUS)]
(Signature) /s/Shatskikh I. V. (Signature) /s/Dolgov V. A.
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(Seal) (Seal)
