Agreement for the exchange of goods of equal value. Subject and general terms of the agreement


_____________ "____" _________ 200_ (name of the locality) Party 1 represented by ____________________________________________, (position acting on the basis of (Charter, regulations, power of attorney), on the one hand, and _____________________________________________, (name of the legal entity) hereinafter referred to “Party 2”, represented by ______________________, _________________________________________________________ (position, full name) acting on the basis of (Charter, regulations, power of attorney), on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Party 1 undertakes to transfer to Party 2 the ownership of the goods specified in clause 1.2 of this agreement, and Party 2 undertakes in exchange to transfer to Party 1 the goods specified in clause 1.3, as well as to compensate the difference in value between the exchanged goods.

1.2. Goods transferred by Party 1: _________________________ ___________________________________________________________________ 1.3. Goods transferred by Party 2: _________________________ ___________________________________________________________________

1.4. The cost of the exchanged goods, transmitted by the Party 1, is _________________ (______________) rubles.

1.5. The cost of the exchanged goods transferred by Party 2 is _________________ (______________) rubles.

Thus, the difference in the cost of the exchanged goods, subject to compensation by Party 2 to Party 1, is ___________(______________) rubles.

1.6. The exchanged goods have not been sold to anyone, are not pledged, are not in dispute and are not under arrest.

1.7. The ownership of the exchanged goods passes to the Parties simultaneously after fulfillment of the transfer obligations corresponding product both Parties and compensation of the difference in the cost of the goods by Party 2 to Party 1.

2. Conditions for transfer of goods

2.1. As a result of this agreement, the goods specified in clause 1.3 of this agreement become the property of Party 1, and the goods specified in clause 1.2 of the agreement become the property of Party 2.

2.2. The transfer of the exchanged goods specified in clauses 1.2 and 1.3 of this agreement is carried out according to the Transfer and Acceptance Certificate drawn up and signed by the Parties.

2.3. The ownership of the exchanged goods arises with the Parties at the time of transfer of the goods specified in clauses 1.2 and 1.3 of this agreement, after signing the Transfer and Acceptance Certificate.

3. Responsibilities of the Parties

3.1. Party 2 undertakes to transfer to Party 1 the difference in the cost of the exchanged goods specified in clause 1.5 within ____________ days from the date of signing this agreement.

3.2. The parties transfer the exchanged goods simultaneously within ____________ days from the moment Party 2 transfers to Party 1 the difference in the cost of the exchanged goods. The transfer of goods is carried out at the location of the Party _____________ at the address: __________________________________________________________ _________________________________________________________________.

3.3. The costs of transferring the goods are borne by the Party _______________.

4. Responsibility of the Parties

4.1. For violation of obligations by any of the Parties under this agreement, the Party that violated its obligation must pay the other Party a fine in the amount of _____% of the cost transferred goods for each day of delay.

4.2. Liability measures of the Parties not provided for in this agreement are applied in accordance with the rules civil legislation RF.

4.3. Payment of a penalty in the form of a fine does not relieve the Party that has violated the obligation from fulfilling its obligations.

5. Dispute resolution procedure

5.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the Parties.

5.2. If it is impossible to resolve disputes through negotiations, the Parties shall submit them for consideration to ________________ _________________________________________________________________.

(indicate the name and location of the court chosen by the Parties to resolve disputes)

6. Final provisions 6.1. Any changes and additions to this agreement are valid only if they are made in writing

6.2. and signed by authorized representatives of the Parties. The appendices to this agreement constitute its integral part. Genuine contract drawn up in two copies, having equal legal force

, one for each of the Parties.

6.3. Attachments to the contract:

Appendix 1 - Certificate of acceptance and transfer of the exchanged goods.

Side 1 Side 2 ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ (Signature) (Signature) M.P. M.P.

Document type: Agreement of exchange

Document file size: 10.2 kb

The contract provides for the transfer of the agreed goods exactly deadlines, in the assortment and volume indicated by both parties. The document states Full description and characteristics of the item, its shelf life, its significance is also assessed.

Conditions for sending and receiving goods by the parties

IN this agreement indicates the time period within which delivery of the transferred goods must be completed. In this case, this item must be supplied in the manufacturer’s packaging, which must prevent possible damage or deterioration of the goods, ensuring the safety of the goods during transportation, transshipment and storage in its warehouses. The container is not returned to the sending party.

Each of the parties to the agreement can supply transferred property ahead of schedule, but be sure to notify the receiving party in writing in advance of the specified number of days.

From the moment the goods are accepted at the point of delivery full responsibility for the goods passes to the second party. If it does not correspond to what is specified in the contract, a mark is made directly in the paragraph. In turn, the guilty participant is obliged to correct the flaws within a certain number of days.

The contract for the exchange of goods is concluded in two copies for both parties, which have equal legal force. Any agreements between the parties to the agreement must be approved in in writing.

If necessary, the contract can be terminated. Produce this operation possible in the following circumstances:

  • both parties agree to terminate the contract;
  • the court obliges to terminate the agreement at the request of one of the parties (if there is a significant violation of the terms of the documents).

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Agreement for the exchange of goods of equal value No.

in a person acting on the basis, hereinafter referred to as " Side-1", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Side-2", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this agreement, each party undertakes to transfer ownership of one product to the other party in exchange for another.

1.2. The name, assortment, quantity, quality and other characteristics of the goods to be transferred to Party-1 are determined by specification No., signed by both parties and which is integral part actual agreement.

1.3. The name, assortment, quantity, quality and other characteristics of the goods to be transferred to Party 2 are determined by specification No., signed by both parties and which is an integral part of this agreement.

1.4. The ownership of the exchanged goods under this agreement passes to the party receiving the goods from the moment the goods are transferred to it.

1.5. The following applies to this agreement: General provisions on purchase and sale" (Chapter 30 of the Civil Code of the Russian Federation). In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Side-1 no later than calendar days from the moment of signing this agreement, undertakes to make available to Party-2 the goods in accordance with specification No. at its location in the warehouse of Party-1, located at the address: .

2.2. Party-2, no later than calendar days from the date of signing this agreement, delivers the goods in accordance with specification No. to the warehouse of Party-1, located at: .

2.3. The transfer of goods is carried out by the parties according to acceptance certificates drawn up based on the results of checking the goods for quantity and quality directly on the day of their transfer in the presence of representatives of the parties.

2.4. Goods to be exchanged are assumed to be of equal value; goods are exchanged without additional payment. All costs of transfer and acceptance of goods are borne in each case by the party who bears the corresponding responsibilities.

2.5. Calculations in in cash between the parties under this agreement are not made.

2.6. To account for transactions under this agreement, the cost of goods in accordance with specification No. is: rubles, including VAT in the amount of rubles; the cost of goods in accordance with specification No. rubles, including VAT in the amount of rubles.

3. RESPONSIBILITY OF THE PARTIES

3.1. For failure to comply or improper execution of their obligations under this agreement, the parties are liable in accordance with current legislation RF.

3.2. In case of transfer of goods poor quality Each party has the right, at its own discretion, to demand from the other party proportionate reduction purchase price, free elimination of product defects in reasonable time, as well as reimbursement of their expenses for eliminating defects in the goods.

3.3. The party that has committed a delay in fulfilling the obligation to transfer the goods shall pay the other party to this agreement a penalty in the amount of % of the cost of the goods to be transferred for each day of delay.

4. OTHER CONDITIONS OF THE AGREEMENT

4.1. This agreement comes into force upon signing by both parties and is valid until full execution parties to their obligations.

Agreement for the exchange of goods of equal value (parties to the agreement are legal entities)

____________________ "____"__________ _____g.

We, _________________________________________________, represented by ________________,

(name of legal entity) (position, full name)

acting on the basis ______________________________________________________________,

(Charter, Regulations, power of attorney)

hereinafter referred to as “Side -1”, on the one hand, and _________________________

(name of the legal entity)

represented by_______________________, acting on the basis of______________________,

(position, full name) (Charter, Regulations, power of attorney)

hereinafter referred to as “Party -2”, on the other hand, have entered into this agreement as follows:

1. Subject and general terms of the agreement

1.1. The subject of this agreement is the exchange (exchange) between the parties to the agreement of the following batches of goods, the name, main characteristics and assortment of which are given below (hereinafter referred to as the goods):

────────────────────────────────────────────────┬──────┬────┬───────────┐

NN│ Name and assortment│ Unit│ Quantity-│ Other │Other│ Enterprise - │

pp│ product │ measurement-│ stvo │ given - │ given-│ tie-izgo - │

│ │ nia │ │ new │ new │ teacher │

──┼───────────────────────────┼────────┼────────┼──────┼────┼───────────┤

1 │ 2 │ 3 │ 4 │ 5 │ 6 │ 7 │

──┴───────────────────────────┴────────┴────────┴──────┴────┴───────────┘

I. From Party-1:

II. From Party-2:

1.2. Products listed The parties undertake to transfer ownership of each other in the agreed quantity and assortment, and also undertake to accept the goods in the order and terms, established by the parties actual agreement.

1.3. At the time of transfer, the goods belong to the parties by right of ownership. The specified goods are not pledged, not seized, and are not the subject of claims by third parties.

1.4. The quality and completeness of the goods correspond to _______________________.

13. Amendment and/or addition to the agreement

13.1. This agreement may be amended and/or supplemented by the parties during the period of its validity based on their mutual agreement and availability objective reasons that caused such actions by the parties.

13.2. If the parties have not reached an agreement to bring the agreement into compliance with changed circumstances, at the request of the interested party, the agreement can be amended and/or supplemented by a court decision only if the conditions provided for by current legislation are met.

13.3. The consequences of changes and/or additions to this agreement are determined by mutual agreement parties or the court at the request of any of the parties to the agreement.

13.4. Any agreements of the parties to amend and/or supplement the terms of this agreement are valid if they are in writing, signed by the parties to the agreement and sealed by the parties.

14. Termination of the contract

14.1. This agreement may be terminated by agreement of the parties.

14.2. The contract may be terminated by the court at the request of one of the parties only if significant violation terms of the agreement of one of the parties or in other cases provided for by this agreement or current legislation.

A violation of the terms of a contract is considered significant when one of the parties has committed an action (or inaction) that entails such damage for the other party that further action the contract loses its meaning, since this party is largely deprived of what it was counting on when concluding the contract.

14.3. The contract may be terminated by agreement of the parties or by a court decision if during its validity there is an significant change circumstances from which the parties proceeded when concluding an agreement, when these circumstances have changed so much that, if such changes could have been foreseen in advance, the agreement between the parties would not have been concluded at all or would have been concluded on terms significantly different from those agreed upon under this agreement .

14.4. In cases of termination of the contract by agreement of the parties, the contract shall cease to be valid upon the expiration of ___ days from the day on which the parties reached an agreement on (specify in numbers)

termination of the contract concluded between them.

14.5. The consequences of termination of this agreement are determined by mutual agreement of the parties or by the court at the request of any of the parties to the agreement.

15. Extension of the validity period (prolongation) of the contract

15.1. If there are sufficient grounds for this, by mutual decision of the parties, the validity period of this agreement may be extended.

15.2. The parties' decision to extend the term of this agreement may be documented in a protocol of negotiations between the parties, and if there is no need to make changes and clarifications to the text of the agreement, by making appropriate notes on the extension of the agreement on copies of the parties with the signature and seal of each party.

16. Validity of the agreement.

16.1. This agreement comes into force on the day it is signed by the parties. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this agreement.

16.2. This agreement is valid until the parties complete their obligations under it.

16.3. Termination (expiration) of the validity period of this agreement entails the termination of the obligations of the parties under it, but does not relieve the parties to the agreement from liability for its violations, if any, occurred during the fulfillment of the terms of this agreement.

17. Legal addresses of the parties

17.1. In the event of a change in the legal address or servicing bank, the parties to the agreement are obliged to notify each other about this within _____ days.

17.2. Details of the parties:

Side-1 (full name) Side-2 (full name)

Mailing address and postal code -_____ Postal address and postal code - _______

Fax - _______________________ Fax - _______________________

Phone - ____________________ Phone - ______________________

Taxpayer Identification Number - _________________________________ Taxpayer Identification Number - ________________________

Current account N _____________ Current account N ______________

at the bank ______________________ at the bank _______________________

in the city__________________________ in the city___________________________

cor. account N ___________________ cor. account N ____________________

BIC - ________________________ BIC - ________________________

Seller codes: Buyer codes:

OKPO - _______________________ OKPO - ______________________

OKONKH - ______________________ OKONKH - _____________________

Side - 1 Side - 2

_____________________________ _________________________

(Full name, signature) (Full name, signature)

In the process of conducting entrepreneurial activity, legal entities often face a lack of funds to purchase additional product. However, if there is other property, the owners can agree to enter into an agreement for the exchange of goods. Similar deal will be an excellent alternative to a purchase and sale agreement, as it will allow the parties to receive necessary products at no extra cost. You can learn more about the content, structure and rules for drawing up a contract for the exchange of goods in this article.

Deal Features

A transaction that results in the exchange of goods is to some extent equivalent to the conclusion of a purchase and sale agreement between the parties. This is due to the fact that each of the counterparties to the exchange agreement is both a seller and a buyer. However,

  • There are significant differences between both types of agreements:
  • Under an exchange agreement, one party undertakes to transfer one product into the ownership of the other in exchange for similar products or products of equal value; The possibility of exchanging goods for cash

. However, this rule does not apply to cases where the subject of the agreement is products of unequal value. In this situation, the law allows the possibility of exchange with an additional payment.

Signs of an exchange agreement:

  • It is important to know...
  • Bilateral compensation transaction; Also, the barter agreement is consensual. This means that the document enters into legal force
  • from the moment of its signing;
  • It is concluded for the purpose of exchanging goods that are beneficial to both parties to the transaction;
  • After the transfer of products, each of the parties to the agreement acquires ownership rights to the subject of the transaction;

The transfer of goods under an exchange agreement is carried out simultaneously (unless otherwise provided in the text of the agreement) and after fulfillment of the obligations assigned to the participant.

How to apply? So that the contract for the exchange of goods has legal force , should be issued bilateral agreement according to requirements Civil Code RF. A well-drafted document will help counterparties to foresee all the terms of the transaction in advance and protect them from negative consequences

if one of the partners fails to comply with the obligations assigned to him. A contract for the exchange of goods for goods has a certain structure . If both parties to the transaction wish, the text of the agreement may include additional sections

IN regulating the legal relations that have arisen between them. general view

  • The structure and content of the exchange agreement is as follows:
  • Name, date and place of execution of the document; Details of the parties to the agreement, including the name of the company, if one of the counterparties is legal entity
  • Parties to the agreement should pay special attention to describing the characteristics that identify the items to be exchanged. If the objects of the exchange agreement are goods, you should indicate: the name of the product, the unit in which the goods are measured, quantity, period during which the object can be used, purpose, specifications, disadvantages (if required). The second participant must provide similar information. contractual relations;
  • IN mandatory TBC total cost products and each product separately. In addition, the presence or absence of a price difference is established. IN the latter case it is necessary to determine the procedure and time during which compensation will be paid;
  • The counterparties must agree and note in writing the conditions, terms and procedure for the delivery of the items of the exchange agreement to each of the participants;
  • It is necessary to determine what liability is provided if one of the partners abuses his duties. In addition to this, the conditions should be specified under which the parties to the transaction will be released from punishment due to the occurrence of situations that do not depend on the will of the parties;
  • Grounds and methods for terminating a contract for the exchange of goods;
  • Final and transitional provisions. At this point, partners can indicate additional conditions, defining the nature of a bilateral transaction;
  • At the conclusion of the document, the details of the parties are duplicated, as well as their signatures.

The document is drawn up in two copies, one copy for each party to the transaction. It should be borne in mind that it is not necessary to involve a notary in drawing up a contract for the exchange of goods.

Responsibility of the parties

In order to prevent cases of non-compliance or improper compliance with the terms of the agreement for the exchange of goods and to protect their interests, the parties to the transaction are recommended to provide in the agreement for penalties applicable to the violator. The liability of the parties under an exchange agreement can be expressed in the form of penalties or compensation for damage if one of the participants loses the opportunity to receive a benefit.

Eg, Participants in contractual relations may be held liable if:

  • In accordance with the barter agreement, the deadlines for the transfer of the exchanged goods were not met;
  • Didn't enter motivated refusal in the transfer or receipt of products;
  • The transfer of products was carried out in violation of the terms of the exchange agreement (claims to quantity, quality or assortment);
  • The actions or inaction of one of the parties to the barter agreement led to the fact that the other suffered significant losses. If there is this basis, the injured party is obliged to prove the existence of losses. Also, if the party to the transaction who suffered losses proves the validity of their claims, the violator will be obliged not only to compensate for the losses, but also to pay a penalty.

It must be borne in mind that failure to comply with the terms of the contractual relationship and subsequent payment penalties do not entail automatic termination of the agreement. Contractors are also obliged properly fulfill its terms.

Registration procedure

In accordance with state registration Only agreements the subject of which are real estate objects are subject to. Based on this, participants in a contract for the exchange of goods are exempt from registering the agreement. The ownership of goods by the parties to the exchange agreement arises after the transfer of products to each of the counterparties. This fact is recorded by issuing a transfer and acceptance certificate.

The transfer act to the contract for the exchange of goods is drawn up indicating the following information:

  • Date and place of registration;
  • Information about each of the parties to the agreement;
  • The purpose of drawing up the document is the transfer of goods under an exchange agreement;
  • Description of the items of the transaction and their value;
  • Details and signatures of counterparties.

The acceptance and transfer act is drawn up in two copies for each party to the transaction. After signing the indicated document, ownership of the exchanged goods is transferred.

goods of equal value in a person acting on the basis, hereinafter referred to as " Side-1", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Side-2", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this agreement, each party undertakes to transfer ownership of one product to the other party in exchange for another.

1.2. The name, assortment, quantity, quality and other characteristics of the goods to be transferred to Party 1 are determined by specification No., signed by both parties and which is an integral part of this agreement.

1.3. The name, assortment, quantity, quality and other characteristics of the goods to be transferred to Party 2 are determined by specification No., signed by both parties and which is an integral part of this agreement.

1.4. The ownership of the exchanged goods under this agreement passes to the party receiving the goods from the moment the goods are transferred to it.

1.5. The “General Provisions on Purchase and Sale” (Chapter 30 of the Civil Code of the Russian Federation) apply to this agreement. In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Party-1, no later than calendar days from the date of signing this agreement, undertakes to make available to Party-2 the goods in accordance with specification No. at its location in the warehouse of Party-1, located at the address: .

2.2. Party-2, no later than calendar days from the date of signing this agreement, delivers the goods in accordance with specification No. to the warehouse of Party-1, located at: .

2.3. The transfer of goods is carried out by the parties according to acceptance certificates drawn up based on the results of checking the goods for quantity and quality directly on the day of their transfer in the presence of representatives of the parties.

2.4. Goods to be exchanged are assumed to be of equal value; goods are exchanged without additional payment. All costs of transfer and acceptance of goods are borne in each case by the party who bears the corresponding responsibilities.

2.5. Cash settlements between the parties under this agreement are not made.

2.6. To account for transactions under this agreement, the cost of goods in accordance with specification No. is: rubles, including VAT in the amount of rubles; the cost of goods in accordance with specification No. rubles, including VAT in the amount of rubles.

3. RESPONSIBILITY OF THE PARTIES

3.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.

3.2. In the event of a transfer of goods of inadequate quality, each party has the right, at its own discretion, to demand from the other party a proportionate reduction in the purchase price, gratuitous elimination of defects in the goods within a reasonable time, as well as reimbursement of its expenses for eliminating the defects of the goods.

3.3. The party that has committed a delay in fulfilling the obligation to transfer the goods shall pay the other party to this agreement a penalty in the amount of % of the cost of the goods to be transferred for each day of delay.

4. OTHER CONDITIONS OF THE AGREEMENT

4.1. This agreement comes into force from the moment it is signed by both parties and is valid until the parties fully fulfill their obligations.

4.2. This agreement is concluded in two copies having equal legal force, one for each of the parties.

4.3. All issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.

4.4. All disputes arising in connection with the execution of this agreement shall be resolved in judicial procedure in accordance with the current legislation of the Russian Federation.

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