Preliminary delivery agreement
TT Logistics Services, hereinafter referred to as the "Supplier", on the one hand, and You, hereinafter referred to as the "Buyer", on the other hand, whose managers ' authority to enter into the agreement is attached to copies of it for the parties, have entered into this agreement as follows:
1. subject of the agreement
1.1. the Parties to this agreement shall not later than " "_______________ 200__d. enter into a contract for the delivery of goods on the terms set forth in this agreement.
1.2. The quantity, quality and price of goods is determined in accordance with the Annex to this agreement.
2. terms of delivery of goods
2.1. the Supplier undertakes to transfer the goods specified in Annex 1 to the Buyer within _ _ _ _ _ _ days from the date of conclusion of the delivery contract.
2.2. delivery of goods to the Buyer's warehouse is carried out by the supplier's transport and at Its expense.
2.3. the delivery Date is the date of delivery of the product to the Buyer's warehouse.
2.4. The price of the goods shall be determined in accordance with the Annex to the agreement.
2.5. any price change is allowed only by agreement of the Parties. The price of the product specified in clause 2.4. includes VAT, transport costs for delivery of the product to the Buyer, as well as other expenses of the Supplier related to the fulfillment of the terms of this agreement.
2.6. the Buyer pays for the delivered goods by transferring funds to the Supplier's Bank account within _ _ _ _ _ days from the date of receipt of the goods.
2.7. the Supplier guarantees to the Buyer that the quality of the goods supplied by them meets the standards and requirements of GOST.
2.8. if the Supplier fails to meet the delivery deadline, the Supplier shall pay the Buyer a penalty in the amount of _ _ _ _ the cost of the consignment for each day of delay.
3. Liability of the parties under the agreement
3.1. Party to the contract, property interests (goodwill) which are violated as a result of default or improper performance of obligations under the contract by the other party, is entitled to claim full compensation for her the party's losses to be the costs that the party whose right is violated, made or will make to restore their rights and interests; loss, damage or damage to the goods (actual damage), as well as non-received income that this party would have received under normal business conditions, if its rights and interests were not violated (lost profit).
3.2. Any of the parties to this agreement that has not fulfilled its obligations under the agreement or performed them improperly, is liable for the above if there is guilt (intent or negligence).
3.3. the Absence of guilt for non-performance or improper performance of obligations under the agreement is proved by the party who violated the obligations.
4. Dispute resolution
4.1. Disputes that may arise in the course of the performance of the terms of this agreement, the parties will seek to resolve amicably in the course of pre-trial proceedings: by negotiations, exchange of letters, clarification of the terms of the agreement, drawing up the necessary protocols, additions and changes, exchange of telegrams, faxes, etc. Each party has the right to claim that it has the results of resolving the issues in writing.
4.2. If a mutually acceptable solution is not reached, the parties have the right to refer the disputed issue to the court for resolution in accordance with the provisions in force in the Russian Federation on the procedure for resolving disputes between the parties (legal entities) - participants in commercial, financial and other business relations.
5. Protecting the interests of the parties
For all issues that are not resolved in the text and terms of this agreement, but directly or indirectly arising from the relationship of the parties to it, affecting the property interests and business reputation of the parties to the agreement, bearing in mind the need to protect their legally protected rights and interests, the parties to this agreement will be guided by the rules and provisions of the current legislation of the Russian Federation.
6. Change and/or addition to the contract
6.1. This agreement may be amended and / or supplemented by the parties during its validity period based on their mutual consent and the existence of objective reasons that caused such actions of the parties.
6.2. The consequences of changes and/or additions of this agreement shall be determined by mutual agreement of the parties or the court upon request of any party to the contract.
6.3. Any agreements of the parties to change and / or Supplement the terms of this agreement shall be valid if they are made in writing, signed by the parties to the agreement and sealed by the parties.
7. Possibility and procedure for termination of the agreement
7.1. This agreement may be terminated by agreement of the parties.
7.2. The agreement can be terminated court on request of one of the parties only when substantial breach of contract by one of the parties, or otherwise under this agreement or applicable law.
Breach of contract is found to be significant when one of the parties his made an action (or inaction) that entails for the other party such damage that further agreement is meaningless, because the party largely deprived of what was expected in the contract.
7.3. Consequences of termination of this agreement shall be determined by mutual agreement of the parties or the court upon request of any party to the contract.
8. The contract in time
8.1. This agreement enters into force on the date of its signing by the parties, from which it becomes binding on the parties who have concluded it. The terms of this agreement shall apply to the relations of the parties that arose only after the conclusion of this agreement.
8.2. This agreement is valid for 12 months and terminates its action _____________________ 200___ years.
8.3. Termination (termination) of this agreement entails the termination of the parties ' obligations under it, but does not release the parties from liability for its violations, if any, occurred during the performance of the terms of this agreement.