ЦЬ: SELLER: ПРОДАВЕЦЬ: В.М. Кискин Заст. генерального директора Комерційний директор VM Kiskin Deputy Director General Commercial DirectorСONTRACT No. 48/447 City of Minsk, 20.09.2010 ___________________________, in the person of the Director ____________________, acting on the ground of the Statute, hereinafter referred to as the BUYER, on the one hand, and OJSС «BelOMO - MMP named after SI Vavilov »in the person of VM Kiskin, Deputy Director General - Commercial Director, hereinafter referred to as the Seller, acting on the ground of Power of Attorney №3 dated February 4, 2009, on the other hand, have concluded the present Contract of the following: 1. SUBJECT OF THE CONTRACT The SELLER undertakes to transfer and the BUYER - to accept and to pay the Goods as per Appendix №1 to the Contract being signed by the Parties and which is the integral part of the Contract. The purpose of purchase - export outside the territory of the Republic of Belarus. 2. PRICE AND TOTAL VALUE OF THE CONTRACT The prices of the Goods are stated in Appendix №1 in Euro. The total value of the Contract amounts to Euro 9275 (Nine thousand two hundred and seventy five) on the terms CPT- Madrid (Spain) as per INCOTERMS - 2000. The prices are firm and are not subject to changes for the paid Goods. The price of the given Contract can not be the basis for other contracts. The currency of payment - Euro. 3. TERMS OF PAYMENT The BUYER executes 100% advance payment for each lot of the Goods by bank transfer to the Seller s bank. Advance payment should be executed within 15 (fifteen) days after receipt of the written notice of the readiness of the Goods for shipment from the SELLER. All bank charges on execution of the present Contract in the territory of the Republic of Belarus should be paid by the SELLER, in other territory - by the BUYER. TIME AND TERMS OF DELIVERY Terms of delivery: CPT- Madrid (Spain) as per INCOTERMS - 2000. The SELLER undertakes to ship the Goods to the address of the BUYER within 15 (fifteen) days after receipt of advance payment. The Shipping Documents: Invoice in 4 copies; Bill of Lading/Air Waybill; Packing list in 4 (four) copies Shipment of the products to the address of the organization-intermediary being the representative of the BUYER is possible upon preliminary application of the BUYER. Transfer of the products should be carried out by proxy. PACKING AND MARKING The Goods should be packed and marked as per the requirements of the technical documentation of the SELLER. The packing of the Goods should ensure safety and serviceability of the Goods provided they were duly handled during transportation by air, railway or motor car transportation means. QUALITY GUARANTEES The SELLER guarantees that the quality of the Goods being delivered under the present Contract should meet the technical requirements of the SELLER. Guarantee period amounts to 12 (twelve) months since the moment of shipment of the Goods provided they were duly used and the terms of storage and transportation have been observed. CLAIMS 7.1. The BUYER is empowered to submit claims within thirty (30) days after arrival of the Goods to the place of destination as per the Specification of the present Contract and the accompanying forms. The quality of the Goods being delivered is determined by the BUYER in accordance with the technical data stated in the Registration Certificate. 7.2.The Statement of the claim on quality and quantity of the Goods should be accompanied by a Reclamation Report drawn up in the presence of the representative of the SELLER or an independent expert which is the ground for replacement or additional delivery of the Goods. 7.3.The Parties do not have the rights to use the Goods on which the claim has been submitted without consent of the other Party. 8. SANCTIONS The SELLER and the BUYER should pay a penalty in amount of 0,02% of the cost of the non-executed obligations per each day of delay except force-majeur circumstances. The amount of a penalty can not exceed 8% of the Contract value. 9. ARBITRATION All disputes which can arise in the course of execution of the Contract should be settled by means of negotiations. If the Parties can not achieve an agreement the disputes should be transferred for consideration to the Court at the place of location of the SELLER and with application of the legislation of the country of the SELLER. Court charges should be borne by the Party which will be considered guilty by the Court. 10. FORCE-MAJEUR Neither of the Parties for the period of validity of force-majeur circumstances and the period of liquidation of their consequences will be responsible for non-execution of its obligations under the Contract in such a degree in which degree execution of such obligations is being delayed or violated by the circumstances of force-majeur. If such circumstances last for more than a month, each of the Parties has the right to reject from execution of its obligat...
