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This agreement made this _(1)_ day of ____(2)__________, 19__(3)_, by and between ________(4)___________, of _______(5)____________, herein referred to as "owner", and __________(6)__________, of _________(7)__________, herein referred to as "contractor". Owner and contractor in consideration of the mutual covenants hereinafter set forth agree as follows: SECTION ONE
Contractor shall furnish all labor and materials necessary to construct a ____(8)______, upon the following described property, which owner warrants he owns, free and clear of liens and encumbrances: ________(9)___________. SECTION TWO
Contractor shall construct the structure in conformance with the plans, specifications, and breakdown and binder receipt signed by contractor and owner, and will do so in a workmanlike manner. Contractor is not responsible for furnishing any improvements other than the structure, such as landscaping, grading, walkways, painting, sewer or water systems, steps, driveways, patios and aprons, etc., unless they are specifically stated in the breakdown. SECTION THREE
Owner shall pay contractor the sum of ___(10)___ Dollars ($__________) in installments as set forth in the escrow instructions or the primary lender's schedule (whichever is applicable) signed by owner. In the event any installment is not paid when due, contractor may stop work until payment is made and for five (5) days thereafter. In the event any installment is not paid within ten (10) days after it is due, contractor may take such action as may be necessary, including legal proceedings, to enforce its rights hereunder. SECTION FOUR
Prior to the start of construction, owner shall provide a clear, accessible building site, properly excavated and correctly zoned for the structure, and shall identify the boundaries of owner's property by stakes at all corners. Owner shall maintain such stakes in proper position throughout construction. In the event contractor cannot obtain a building permit within thirty (30) days of the date of this agreement, contractor may declare the agreement of no further force or effect. SECTION FIVE
Prior to the start of construction, and at all times during construction, owner shall provide and maintain, at owner's sole expense, an all-weather roadway to the building site, and water and electrical service, including 220 amp outlet. Owner shall, at owner's expense, connect permanent electrical service, gas service or oil service, whichever is applicable, and tanks and lines to the structure upon acceptable cover inspection and prior to wall covering. Owner shall, at owner's expense, connect sewage disposal and water lines to the structure within fifteen (15) days after the rough plumbing is complete. SECTION SIX
Contractor shall not be responsible for claims arising out of improper placement or positioning of boundary stakes or house stakes; nor shall contractor be responsible for damages to persons or property occasioned by owner or his agents, third parties, acts of God or other causes beyond contractor's control. Owner shall hold contractor completely harmless from, and shall indemnify contractor for, all costs, damages, losses, and expenses, including judgments and attorneys fees, resulting from claims arising from causes enumerated in this paragraph. SECTION SEVEN
Owner shall not have possession of the structure until such time as all payments or other obligations required to them as set forth in this agreement have been fully paid or performed by them. If possession of structure is taken by owner before the above obligations are met, without the written consent of contractor, it shall be considered as acceptance of the structure, by the owner, as complete and satisfactory. SECTION EIGHT
Owner agrees to promptly complete the necessary requirements to obtain financing and to prepare the site for construction. There are no understandings or agreements between contractor and owner other than those set forth in this agreement and in the documents referred to in Sections Two and Three. No other statement, representation or promise has been made to induce either party to enter into this agreement. This agreement and the documents referred to in Sections Two and Three may not be modified or amended except by written agreement of the parties. In witness whereof, the parties have executed this agreement the day and year first written above. Witnesses Owner ____________(11)_______________ ___________(12)_______________ ____________(11)_______________ Witnesses Contractor ____________(11)_______________ ___________(13)_______________ ____________(11)_______________ THIS AGREEMENT, made and entered into this ___ day of_________, l99_, by and between ___________________, the Seller, and ___________________, the Buyer: 1. The seller hereby undertakes to transfer and deliver to the buyer on or before __________, l98_, the following described goods: 2. The buyer hereby undertakes to accept the goods and pay for them in accordance with the terms of the contract. 3. It is agreed that identification shall not be deemed to have been made until both the buyer and the seller have agreed that the goods in question are to be appropriated to the performance of the contract with the buyer. 4. The buyer shall make payment for the goods at the time when and at the place where the goods are received by him. 5. Goods shall be deemed received by the buyer when received by him at 6. The risk of loss from any casualty to the goods regardless of the cause thereof shall be on the seller until the goods have been accepted by the buyer. 7. The seller warrants that the goods are now free and at the time of delivery shall be free from any security interest or other lien or encumbrance. 8. The seller further warrants that at the time of signing this contract he neither knows nor has reason to know of the existence of any outstanding title or claim of title hostile to his rights in the goods. 9. The buyer shall have the right to examine the goods on arrival, and within business days after such delivery he must give notice to the seller of any claim for damages on account of the condition, quality, or grade of the property, and must specify the basis of his claim in detail. The failure of the buyer to comply with these rules shall constitute irrevocable acceptance of the goods. 10. Executed in duplicate, one copy of which was delivered to and retained by the buyer, the day and year first above written.
Agreement made and entered into this [date] , by and between [name of seller], of [address] [city], [state], herein referred to as "Seller", and [name of buyer], of [address] [city], [state], herein referred to as "Buyer". Seller hereby agrees to transfer and deliver to buyer, on or before [date], the following goods: Buyer agrees to accept the goods and pay for them in accordance with the terms of the contract. Buyer and Seller agree that identification shall not be deemed to have been made until both parties have agreed that the goods in question are to be appropriated and fulfill the requirements of performance of said contract with the buyer. Buyer agrees to pay for the goods at the time they are delivered and at the place where he receives said goods. Goods shall be deemed received by buyer when delivered to address of buyer as herein described. Until such time as said goods have been received by buyer, all risk of loss from any causualty to said goods shall be on seller. Seller warrants that the goods are now free from any security interest or other lien or encumbrance, that they shall be free from same at the time of delivery, and that he neither knows nor has reason to know of any outstanding title or claim of title hostile to his rights in the goods. Buyer has the right to examine the goods on arrival and has [number] of days to notify seller of any claim for damages on account of the condition, grade or quality of the goods. That said notice must specifically set forth the basis of his claim, and that his failure to either notice seller within the stipulated period of time or to set forth specifically the basis of his claim will constitute irrevocable acceptance of the goods. This agreement has been executed in duplicate, whereby both buyer and seller have retained one copy each, on [date] .
CONTRACT FOR SALE AND PURCHASE up PARTIES: ____________________(1)_____________________________, as "Seller", of ________(2)____________, Phone: _____(3)________, and ______________(4)___________________ as "Buyer" of _______________(5)_______________, Phone: _______(6)__________, hereby agree that the Seller shall sell and Buyer shall buy the following property upon the following terms and conditions: I. DESCRIPTION:
II. PURCHASE PRICE $_______(9)______
III. SURVEY & TITLE COMMITMENT; PERMITTED EXCEPTIONS.
IV. PROVISIONS WITH RESPECT TO CLOSING.
Seller shall pay the following costs and expenses in connection with the Closing:
Purchaser shall pay the following costs and expenses in connection with the closing:
V. PROVISIONS WITH RESPECT TO DEFAULT.
VI. OTHER CONTRACTUAL PROVISIONS.
Any party hereto may, at any time by giving five (5) days' written notice to the other party hereto, designate any other address in substitution of the foregoing address to which such notice shall be given and other parties to whom copies of all notices hereunder shall be sent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Witnesses: "Purchaser"
CONTRACT FOR SENDING SPECIALISTS ABROAD up CONTRACT N
1 The Supplier shall construct and commission the Cement Plant in ........ For this purpose the Supplier shall send to ............ specialists.2 The number of specialists, their specialities and periods of stay in... shall be stipulated in the Appendix to the present Contract. The Appendix shall form an integral part of the Contract.3 The Supplier's specialists shall be sent to ...at the customer's request in accordance with the agreed schedule of commissioning of various units and shops of the Cement Plant.4 4.1. The Customer shall reimburse the Supplier for: a) monthly salaries of specialists in Local currency from the date of arrival in ............ up to the date of departure from ............. at the following rates:
b) transfer allowance to every specialist sent to .............. for a period of one year or more at the following rates:
c) air travel expenses of the specialists and their family members from Moscow to.............. and back: for General Consultant and Deputy General Consultant - first class; and for other specialists - tourist class (economy class); including the cost of excess luggage transportation over and above the free allowance indicated in each ticket at the rate of 80 kg per person and the maximum of 240 kgs for a family.
d) round travel expenses (excluding excess luggage) for specialists and their family members going on home leave; e) the period of specialists' holiday.
f) expenses incurred on the insurance of the Supplier's with Ingosstrakh against professional risks and/or accidents during their stay in ............ at the rate of.......... per year per each specialist. 4.14.2. The Supplier shall bear expenses of sending interpreters and their family members. 5 The Customer at his own expense shall ensure: a) meeting and seeing off specialists, interpreters and their family members;
6 4.16.1. If any of the Supplier's specialists fall ill while staying in ............. the Customer shall continue payment of his monthly salary for a period of up to two months. 4.16.2. In the event of prolonged illness of a specialist the Supplier shall replace him and the Customer shall reimburse the Supplier for all expenses incurred. 4.16.3. The Supplier reserves the right to recall any of his specialists and replace him with another specialist of similar qualification and experience. 4.16.4. The Supplier's personnel shall observe all the laws, rules and regulations of the Customer's country and also respect the local customs and traditions. 4.16.5. The holidays of the Supplier's country shall be days off for the Supplier's specialists and shall be paid by the Customer. 7 To effect payments under this Contract the officials of the Russia's side in ............. shall, once every month, draw invoices in 3 copies to the Customer through the National Bank of............ for collection. A statement, containing the names of the Supplier's specialists, the duration of their stay in the Customer's country, monthly reimbursement rates and other expenses incurred under the present Contract shall be enclosed with each invoice. The Customer shall pay against the above invoices within 15 (fifteen) days from the date of receiving the invoices. The above sums shall be remitted to the account of the Bank for Foreign Economic Affairs in favour of the Supplier. CONTRACT FOR THE EXPORT OF GOODS up CONTRACT N
Place of signing_______________________________________________
1 1.1. To the total sum indicated in point 1.1 TPE shall deliver within _______ months of the date of signing this Contract the goods as under Annex I to the Contract being its integral part.
The delivery shall be effected on C.I.F. terms, Bulgarian port.1.2. The date of Bill of Lading made out for this lot of goods shall be considered the date of delivery of goods. The goods delivered under this Contract shall be considered accepted:
2 2.1. Payments for the goods delivered in accordance with the present Contract shall be effected by BCTL in___________________________________ 2.2. To effect the payment, BCTL shall open within 30 (thirty) days from the date of receipt from TPE of the cable notification of readiness of the goods for delivery an irrevocable confirmed letter of credit with a Bank for Foreign Economic Affairs, Moscow, through the State Bank of Bulgaria in favour of TPE to the amounts stated in 1.1 and shall be valid for a period of _____ months from the date of opening of Letter of Credit. 2.3. Should BCTL do not open the Letter of Credit in the period stipulated by 2.1 and in accordance with the terms and conditions of 2.6 of the present Contract, TPE shall be entitled to correspondingly prolong the period of delivery of the goods either for a period of delay in opening the Letter of Credit or for a period to be required to make the Letter of Credit correspondent to the terms and conditions of 2.5 of the Contract.
2.4. The Letter of Credit should not contain any other terms and conditions except those stipulated by the present Contract. 2.5. The payment under the Letter of Credit shall be effected by the Bank for Foreign Economic Affairs of the RF for the delivery of goods against the invoices of TPE to be forwarded in 3 copies for every lot of goods attaching the following documents:
2.6. The Letter of Credit shall contain the following terms and conditions:
2.7. All the expenses connected with the opening Letter of Credit, notification of its opening and, in case of necessity, increase and prolongation of the Letter of Credit shall be borne by BCTL. 3 3.1. When delivering the goods, the following documentation shall be forwarded to BCTL:
3.2. The packing of the goods to be delivered under the present Contract shall ensure its safety during both railway and marine transportation as well as during transshipment when the usual handling of the cargoes is observed. 3.3. The goods to be delivered shall have the following marking:
3.4. The package number is shown with the fraction; the numerator being the serial number of the package and the denominator being the total number of the packages containing a complete unit of the goods. 3.5. The package that cannot have the above mode of marking shall have a metal tag fastened and bearing the required marking. 3.6. BTCL shall ensure the unloading of the goods from the Vessels at the port of unloading at his own expense. 4 4.1. TPE guarantee the quality of me delivered goods within 6 months from the date of delivery at the port of destination. 4.2. Should any quantity of delivered goods prove to be defective during the guarantee period TPE at his own expense shall replace the corresponding defective quantity of goods for the goods of proper quality.
4.3. Any claims in respect of quality of the goods shall be submitted to TPE within the guarantee period but not later than 30 (thirty) days after guarantee period expires. 4.4. Any defects detected in the delivered goods during the guarantee period shall be covered by an Act of Claim to be issued within a reasonable period of time, but not later than 30 (thirty) days after the defect is found, moreover the participation of the TPE's representative or a person authorized by the Supplier for issuing an Act of Claim being binding.
4.5. The Act of Claim shall be considered the document substantiating the Claim. 4.6. The Act of Claim shall contain the description and quantity of the goods under claims, order number, description and origin of the defect, the date of the goods delivery at the port of unloading, the condition of packing and storage as well as the concrete claim of BCTL.
4.7. Claims in respect of quantity of the goods (entire shortage) shall be presented within 9 months from the date of delivery of the corresponding lot of goods in accordance with the procedure of the specified in sub-items 4.4, 4.5, 4.6 of paragraph 4 on condition that the goods were delivered to the place of destination with packing intact and was not damaged through the transport agencies fault. 4.8. TPE shall undertake to settle such a claim within 3 (three) months from the date of receipt of the claim. 5 5.1. TRE shall insure the goods to be delivered on C.I.E. terms, the port of Bulgaria against usual marine risks with Ingosstrakh in accordance with the "Transport Insurance Rules".
5.2. All the claims that may arise in connection with the loss and damage of the goods during transportation shall be made by BCTL directly to Ingosstrakh. 5.3. Any risk of an accidental loss, breakage or damage to the goods passes from TPE to BCTL from the moment of loading the goods on board the ship at the port of loading.
6 Should the fulfilment of this Contract be infringed due to hostilities, embargo, blockades or any other contingence beyond either party's control, the parties shall not be responsible for the fulfilment of this Contract and the representatives of both the parties shall immediately consult each other and agree upon the actions to be taken. Under the circumstances the time of fulfilment of all the obligations of the both parties under this Contract shall be postponed for the period during which the force majeure or any consequences of the same will exist. Strikes shall not be deemed as force majeure. The existence of such circumstances on Russia's territory shall be confirmed by a certificate of the RF Chamber of Industry and Commerce while the existence of such circumstances on the territory of Bulgaria, shall be confirmed by a certificate issued by competent Bulgarian organization. 7 7.1. Neither of the parties is entitled to transfer their rights and obligations under the present Contract to a third party without the other party's consent thereto in writing.
7.2. All duties and taxes including customs, port and stamp duties, bank commissions and other expenditures under the present Contract on the territory of the RF shall be borne by TRE and those on the territory of the Bulgaria shall be born by BCTL. 7.3. All port and other dues payable in accordance with the regulations in force at the port of unloading as well as other expenses connected with unloading (including stevedoring, lighterage, wharfage, overtime and night work charges) shall be borne by BCTL. 7.4. TRE and BCTL shall correspondingly provide with timely obtaining Export and Import Licences and Permits. 7.5. After the present Contract is signed all the previous negotiations and correspondence between the parties in respect to this Contract shall be considered null and void. 7.6. All amendments to the present Contract shall be considered valid should the same be in writing and signed by persons duly authorized by the both parties. Legal addresses of the Parties:
CONTRACT FOR THE PURCHASE OF CONSUMER GOODS up CONTRACT N Moscow The Sellers:_______________________________________________________ The Buyers: ______________________________________________________ Denomination of the Goods: all the Goods to be delivered according to the Catalogs which are the integral parts of the present Contract.
The date of clean on board Bill of Lading to be considered as the date of delivery.
The L/C allows partial shipments with corresponding partial payments.
Special terms:
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