Sample contract for the supply of construction equipment. Standard equipment supply agreement

Moscow __ ________ 201__

Society with limited liability"____________", hereinafter referred to as the "Supplier", represented by general director _________________ acting on the basis of the Charter, on the one hand

and open Joint-Stock Company“___________________”, hereinafter referred to as the “Buyer”, represented by General Director _____________, acting on the basis of the Charter, on the other hand, individually referred to as the Parties, and together as the Parties, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT
1.1. The Supplier undertakes to transfer, and the Buyer to accept and pay for, equipment for a total amount of ___________ (_________________ thousand) rubles __ kopecks, including VAT 18% - ____________ (_________________ thousand) rubles __ kopecks, the quantity and nomenclature of which is specified in Appendix No. 1 to this agreement for the supply of equipment, which is an integral part of this agreement for the supply of equipment.

2. QUALITY AND COMPLETENESS
2.1. The supplier guarantees that the quality of the supplied equipment meets the requirements of standards and technical conditions established in the Russian Federation, the equipment is marked in accordance with established standards and technical conditions, as well as other requirements for the specified equipment in wholesale and retail trade on the territory of the Russian Federation.
2.2. For all types of supplied equipment, the Supplier provides the Buyer with correctly executed certificates, as well as other documents confirming the quality of the equipment and its compliance with the requirements of the legislation of the Russian Federation. The above documents are provided to the Buyer upon conclusion of the Agreement or transfer of equipment.
2.3. Number of equipment transferred to the Buyer, must exactly correspond to the quantity specified in administrative documents. Equipment marking must ensure complete and unambiguous identification of each piece of equipment upon its acceptance and subsequent sale.
2.4. Acceptance of equipment in terms of quantity and quality is carried out when the Parties sign the invoice.

3. CONDITIONS FOR TRANSFER OF GOODS
3.1. The equipment is supplied to the Buyer in the quantity and nomenclature specified in Appendix No. 1 to this equipment supply agreement.
3.2. Delivery of equipment is carried out to the address: ____________________ within 10 days from the date of signing this agreement.
3.3. The date of delivery of the equipment is considered to be the date of acceptance of the equipment by the Buyer and signing of the invoices by the Parties.
3.4. The supplier is obliged to complete each batch of equipment with the following documents:
1) certificates of conformity issued by authorized organizations;
2) technical passports;
3) operating instructions in Russian;
4) warranty cards;
5) invoices;
6) other documents as agreed by the Parties.
3.5. In the case when visual inspection and counting the equipment during the process of its acceptance and transfer, defects and / or shortages of equipment are discovered, the Buyer is obliged to immediately make notes about this in the invoice, as well as draw up a report on defects / shortages in 2 copies.
3.6. The Supplier has the right to count the cost of defective and/or undelivered equipment against the payment of a subsequent order if there is a correctly and timely completed defect/shortage report by deducting the amount for the defect/shortage report from the total amount (price) of the Buyer's subsequent order.

4. TRANSFER OF OWNERSHIP AND RISKS
4.1. Risk accidental death or damage to the equipment passes from the Supplier to the Buyer from the moment the equipment is accepted by the Buyer and the invoices are signed by the Parties.
4.2. Ownership of the equipment passes from the Supplier to the Buyer after full payment for the supplied equipment and crediting Money to the Supplier's account.

5. PRICE OF EQUIPMENT
5.1. The price of equipment is set in the currency of the Russian Federation and amounts to __________ (_______________________ thousand) rubles __ kopecks.
5.2. Changes in prices for supplied equipment are possible on the terms provided for in this equipment supply agreement, or according to written agreement Side.

6. PAYMENT PROCEDURE
6.1. The buyer undertakes to carry out full prepayment for equipment no later than __ ________ 201__

7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Buyer is obliged to: accept and pay for the equipment in accordance with the terms of this Agreement.
7.2. The supplier is obliged:
- transfer the equipment to the Buyer under the terms of this Agreement;
- provide the Buyer with the documents specified in clause 3.4 of this Agreement;
- accept from the Buyer equipment that has hidden flaws, and replace it with similar equipment or return to the Buyer the amount of money paid for the equipment within 10 banking days from the moment the Buyer submits a request for replacement.

8. RESPONSIBILITY OF THE PARTIES
8.1. The supplier is responsible for the quality of the transferred equipment, the authenticity of certificates of conformity and hygienic conclusions for equipment.
8.2. For failure to comply or improper execution para. 2 and 3 clause 7.2 of this contract for the supply of equipment The Supplier is obliged to pay the Buyer a penalty (penalty) in the amount of 0.1% of the cost of the goods not of proper quality for each day of delay.
8.3. The Buyer is obliged to pay the Supplier a penalty (penalty) for the delay in fulfilling the conditions of clauses. 6.1 of this Agreement in the amount of 0.1% of the overdue payment amount.
8.4. The Buyer is obliged to compensate the Supplier for losses arising as a result of improper performance by the Buyer of this contract for the supply of equipment.

9. FORCE MAJEURE CIRCUMSTANCES
9.1. None of the Parties to this Agreement shall be liable to the other Party for failure to fulfill obligations due to circumstances that arose against the will and desire of the Parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, earthquakes, floods, fires and other natural disasters.
9.2. Document issued by the relevant competent authority, is sufficient confirmation of the presence and duration of action force majeure.
9.3. A Party that fails to fulfill its obligation due to force majeure must immediately notify the other Party of the obstacle and its impact on the fulfillment of obligations under the Agreement.

10. TERMINATION OF THE AGREEMENT
10.1. If one of the Parties considers that, due to non-compliance contractual obligations or their improper execution by the other Party creates obstacles to the further execution of the Agreement, then it is obliged to send a written message to the other Party indicating the reasons for terminating the contract for the supply of equipment.
10.2. The party receiving such a message is obliged to provide, within 10 (ten) days, writing their positions and proposals.
If, based on the stated positions of the Parties, it is impossible to hope to eliminate the difficulties that have arisen, or if the execution of the Agreement cannot be continued within 10 (ten) days, then both Parties have the right to terminate the Agreement within 5 days from the date of the written notification specified in clause 10.1 of this equipment supply agreements.
10.3. In case of termination of the Agreement on the grounds of the previous paragraphs of this article The parties are obliged to pay for their obligations arising before the date of termination of the Agreement.
10.4. Upon termination of the equipment supply agreement, the Supplier and the Buyer have the right to compensation for expenses and lost profits according to the general rules.

etc…

All typical example and the form of the equipment supply agreement is available for free download as an attached version of the document.

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AGREEMENT

supply and installation of equipment in a person acting on the basis, hereinafter referred to as " Provider", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", 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. The subject of the Agreement is the supply of Equipment in accordance with the specification, which is an integral part of the Agreement. The Supplier undertakes to supply and install the Equipment in accordance with the specifications. The supplied Equipment has the appropriate Certificates. The Buyer undertakes to accept and pay for equipment and installation work in accordance with the terms of this Agreement.

2. TERMS OF DELIVERY OF GOODS

2.1. The Supplier undertakes to transfer the Equipment to the Buyer within a period of no more than calendar days from the moment of receipt of the advance payment, in accordance with clause 3.2. actual agreement.

2.2. The Equipment is delivered to the following address of the Buyer: .

2.3. The equipment is considered transferred by the Supplier and accepted by the Buyer after the Parties have signed the delivery note and the work completion certificate.

2.4. Ownership and the risk of accidental loss of the Equipment passes from the Supplier to the Buyer from the moment the Buyer signs the delivery note and the certificate of completion of work.

2.5. The Supplier undertakes to transfer to the Buyer equipment corresponding state standards Russian Federation, installed for this type of equipment, as well as technical specifications and certificates of the equipment manufacturer, and provide operational documentation for this equipment.

2.6. The Supplier undertakes to supply the equipment in packaging that would ensure the safety of the equipment during transportation and until the equipment is handed over to the Buyer.

2.7. The Supplier is obliged to notify the Buyer that the Equipment is ready for transfer without later hours before the expected delivery date of the Equipment.

2.8. Equipment installation work is carried out by the Supplier within calendar days and accepted by the Buyer based on the work completion certificate.

3. CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The cost of Equipment and installation is rubles and includes the cost of containers, packaging, labeling, attached technical documentation, including VAT 18% rubles.

3.2. All payments under this Agreement are made by transferring funds to the Supplier's bank account. The prices for equipment specified in the Specifications are fixed and cannot be changed.

3.3. Procedure and terms of payments under this agreement:

3.3.1. Advance payment in the amount of % of the contract price is carried out by the Buyer within working days after signing this contract for the supply of Equipment.

3.3.2. % within working days after issuing the invoice by the Supplier after the Parties have signed the delivery note.

3.3.3. The final payment (% of the contract price) is made by the Buyer within working days after installation of the equipment and signing of the work completion certificate.

3.4. The date of payment is the date of crediting funds to the correspondent account of the Supplier's bank.

4. PROCEDURE FOR TRANSFER OF EQUIPMENT

4.1. The Supplier guarantees that the supplied Equipment complies with the requirements established in the Russian Federation for this species equipment and has the appropriate certificates of conformity.

4.2. When delivering equipment under the Agreement, the Supplier prepares a delivery note and, together with the Equipment, hands it over to the Buyer for signature.

4.3. At the time of transfer of the Equipment, the Buyer, in the presence of the Supplier’s representative, checks the Equipment in terms of quantity, assortment and packaging of the Equipment for compliance with the information specified in the delivery note and Specifications.

4.4. If the Equipment corresponds in quantity, assortment and packaging to the information specified in the delivery note and Specifications, the Buyer signs the delivery note.

4.5. If a discrepancy is detected between the supplied Equipment or the packaging of such Equipment with the information specified in the delivery note and Specifications, the Buyer shall issue a Claims Report regarding the Equipment based on the results of an external inspection, which must be reviewed and executed by the Supplier within business days. In this case, the Supplier bears responsibility in accordance with clause 5.4 of this Agreement until the Supplier fulfills its obligations for the supply and installation of the Equipment.

4.6. The Buyer checks the quality of the supplied Equipment within days from the date of signing the certificate of completion.

4.7. The Buyer is obliged to notify the Supplier of any claims regarding the quality (functionality) of the equipment, as well as cases of damage or defects of the equipment, within days from the date of signing the certificate of completion of work in writing, by signing and sending the relevant certificate to the Supplier.

4.8. On the part of the Buyer, the Certificate of Claims regarding the quality of the Equipment must be signed by an authorized technical specialist.

4.9. Claims regarding hidden defects Equipment that could not be identified based on the results of an external inspection during the initial inspection is submitted by the Buyer to the Supplier in writing, by signing by an authorized technical specialist of the Buyer and sending the relevant Certificate to the Supplier.

4.10. If the Buyer discovers defects or deficiencies in the equipment that make the Equipment unacceptable to the Buyer, and the conditions specified in clauses are met. 4.4 - 4.8 of this Agreement, the Buyer has the right, at its discretion:

4.10.1. Or refuse the Equipment supplied under the relevant Order and demand that the Supplier return the price paid for such Equipment.

4.10.2. Or require the Supplier to replace such Equipment with Equipment of proper quality within no more than business days.

4.10.3. All costs associated with the refusal of the supplied Equipment or the replacement of such Equipment with Equipment of proper quality shall be borne by the Supplier.

4.11. All claims of the Buyer regarding detected defects or deficiencies in equipment are accepted during the warranty period specified in this Agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. Failure to perform either improper execution obligations under the Agreement entails property liability the guilty party in the manner and on the grounds provided for by the requirements current legislation of the Russian Federation.

5.2. For late delivery or short delivery of the Equipment during the delivery period of the equipment from the moment of receipt of the advance payment to the Supplier's bank account in accordance with clause 3.3 of this Agreement, the Buyer has the right to demand payment of a penalty in the amount of % of the cost of the overdue or under-delivered Equipment for each calendar day of delay, but no more than % of the cost of overdue or underdelivered Equipment.

5.3. The Buyer is obliged to ensure acceptance of the Equipment and work performed within days from the date of notification (by fax or e-mail) Supplier of the Buyer at the address specified in clause 2.2 of this Agreement.

5.4. If the Buyer violates the terms of final payment, the Supplier has the right to demand payment of a penalty in the amount of % of the amount of the required payment for each day of delay, but not more than % of the amount of the final payment.

5.5. Payment of penalties does not relieve the Parties from fulfilling established by the Treaty obligations.

5.6. In case of delay in delivery by more than calendar days, the Buyer has the right to terminate the Agreement within unilaterally and demand from the Supplier the return of the advance amount transferred by the Buyer for the supplied equipment and compensation for all losses incurred by the Buyer.

5.7. In case of delay in payments from the Buyer by more than calendar days, the Supplier has the right to terminate the Agreement unilaterally and demand compensation from the Buyer for all losses incurred by the Supplier related to the execution of this Agreement.

6. PACKAGING, LABELING AND SHIPPING

6.1. The Supplier must ensure that the Equipment is delivered in packaging that ensures its safety from damage.

6.2. The Supplier is liable to the Buyer for damage, damage, breakdown of the Equipment, or for the formation of corrosion on the Equipment due to improper packaging.

7. WARRANTY AND POST-WARRANTY SERVICE

7.1. The Supplier provides the Buyer with a guarantee for the supplied Equipment for months from the moment the Parties sign the Certificate of Completion.

7.2. During the warranty period, the Supplier guarantees to the Buyer the compliance of the equipment with the state standards of the Russian Federation established for this type of equipment, the technical specifications and certificates of the equipment manufacturer.

7.3. In the event of equipment failure during the warranty period, the Supplier undertakes to repair or replace the faulty equipment free of charge. Subject to prior written notification of the occurrence of a malfunction, the repair period: within calendar days from the date of delivery of the faulty equipment to service center Supplier located at: .

7.4. Transportation of the Equipment, as well as individual components and units, to the Supplier’s service center and back is at the Supplier’s expense.

7.5. The provisions of clause 7.2 do not apply if the operating conditions of the equipment do not meet the requirements set out in the operating instructions; if there was a fact of opening of seals in devices or components; if there are significant mechanical damage arising through the fault of the Buyer; if used Consumables, the quality of which does not meet the requirements set out in the equipment operating instructions.

7.6. During the warranty period, the Supplier will provide the Buyer with free consultations on the use and support of equipment in hardware. Contact number: . The contact person - .

7.7. After receiving the notification, the Supplier undertakes to take measures to eliminate the detected defects and restore the functionality of the Equipment at its own expense, including payment transport costs, within a reasonable and agreed upon period of time by the Parties, but not more than calendar days.

7.8. During the period of elimination of defects and/or malfunctions of the Equipment (and/or components and/or components) for which the warranty period is established, this period is extended by the time during which the equipment was not used by the Buyer.

7.9. Upon expiration of the warranty, the Supplier has the right to provide the Buyer with a range of equipment maintenance and support measures: consultations, diagnostics and repair of technical equipment.

7.10. Anyone has the right to apply to the Supplier for warranty obligations. authorized person, acting on behalf of the Seller on the basis of a written power of attorney.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if the Parties’ improper performance of obligations is caused by force majeure, i.e. emergency forces and unavoidable circumstances beyond reasonable control, provided that these forces or circumstances directly affected the fulfillment of obligations under the Agreement. In this case, the period for fulfilling contractual obligations will be extended for the duration of the specified circumstances.

8.2. The Party that is unable to fulfill its contractual obligations immediately informs the other Party about the beginning and termination of the above circumstances, but in any case no later than days after their commencement. Untimely notification of force majeure circumstances deprives the relevant Party of the right to be released from contractual obligations due to these circumstances.

8.3. Proper evidence of the existence of the above circumstances and their duration will be certificates issued by the authorized state body of the Russian Federation.

8.4. If these circumstances continue for more than months, each Party has the right to terminate the Agreement. In this case, the Parties make settlements under the Agreement. Calculations are made as of the moment of occurrence of the circumstances specified in clause 8.1.

9. ARBITRATION

9.1. The parties undertake to make every effort to resolve any disputes through negotiations. At the same time, compliance with pre-trial claim procedure is recognized by the Parties as mandatory.

9.2. All disputes under this agreement are resolved through negotiations; if the Parties were unable to resolve them within calendar days from the date of filing the relevant claim, they are subject to final resolution in accordance with current legislation RF in the Arbitration Court at the location of the defendant.

10. CONFIDENTIALITY OF INFORMATION

10.1. The parties are obliged to maintain strict confidentiality of information received during the conclusion and execution of this Agreement and any Contract concluded in accordance with this Agreement, and will accept all necessary measures to prevent disclosure of such information.

10.2. The confidentiality conditions established in clause 10.1 of this Agreement do not apply to cases of provision of information to authorized government bodies, if such provision is mandatory in accordance with the current legislation of the Russian Federation.

11. VALIDITY AND TERMINATION OF THE AGREEMENT

11.1. This agreement comes into force on the date of signing and is valid until full execution Parties to obligations.

11.2. Genuine contract may be terminated by written agreement of the Parties, as well as unilaterally, subject to written notification to the other party, no less than days before the expected date of termination.

12. GENERAL PROVISIONS

12.1. Additions and changes to the Agreement are valid and form an integral part of the Agreement only if they are made in writing and signed by authorized representatives of the Parties.

12.2. All negotiations and correspondence related to this Agreement preceding the signing of this Agreement shall become invalid from the date of signing of this Agreement.

12.3. Neither Party has the right to transfer its rights and obligations under this Agreement to third parties without written consent the opposite Party.

12.4. This Agreement is concluded in two copies, one for each Party.

12.5. Relations between the Parties not regulated by this Agreement are governed by the current legislation of the Russian Federation.

12.6. Appendix No. 1 “Equipment Specification” are integral parts actual agreement.

13. LEGAL ADDRESSES AND BANKING DETAILS OF THE PARTIES

Provider

Buyer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

14. SIGNATURES OF THE PARTIES

Provider _________________

Buyer _________________

in a person acting on the basis, hereinafter referred to as " Salesman", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", 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. The Seller sold and the Buyer bought on the terms (indicate the location where the Equipment will be installed) equipment in accordance with Appendix No. 1, which is an integral part of this Agreement.

2. PRICE AND TOTAL COST OF THE CONTRACT

2.1. total cost equipment is rubles.

2.2. The price of the equipment includes costs associated with export packaging, delivery to, loading, storage, customs duties and customs “clearing” of the cargo at the destination, carried out at customs in a warehouse in the city by the Seller.

2.3. Prices are final and do not change during the validity of the Agreement. The agreement comes into force after signing by both parties.

3. TERMS AND CONDITIONS OF DELIVERY

3.1. The equipment under this Agreement must be delivered within days after the signing of this agreement. The delivery date is considered to be the date of installation of the equipment by the Seller and written notification by the Seller to the Buyer of the readiness to transfer the equipment according to the acceptance certificate at the place of delivery under this agreement.

3.2. Special condition delivery of equipment under this agreement is the right of the Buyer for months (starting from the moment of delivery under this agreement) to operate the supplied equipment free of charge in order to study its consumer (operational) qualities and identify the need for its acquisition.

The use of the equipment will be carried out on the basis separate agreement, which is concluded simultaneously with this agreement and is an integral part of it.

3.3. Not late specified in clause 3.2 of this agreement, the Buyer is obliged to either return the equipment to the Seller or transfer funds in the amount specified in clause 2.1 of this agreement to the Seller’s bank account. Payments are made by the Buyer by the following details: .

3.4. The Buyer has the right, within the period specified in clause 3.2 of this agreement, to refuse to purchase the equipment and return it to the Seller. The refusal must be made in writing. If the Buyer, within the period specified in clause 3.2 of this agreement, does not declare a refusal to purchase the equipment, this will indicate his willingness to pay the Seller the agreed price, and penalties may be applied to him for late payment in accordance with the terms of this agreement.

3.5. Written Notice refusal to purchase Equipment is sent by the Buyer by registered mail(by telegram) to the following addresses: .

4. TRANSFER OF OWNERSHIP

4.1. Ownership of the equipment passes from the Seller to the Buyer after the latter transfers the funds stipulated by this agreement to the Seller’s bank account. The risk of accidental loss or damage to equipment lies with the owner of the equipment.

5. EQUIPMENT QUALITY

5.1. The quality of the supplied equipment must fully comply technical specifications attached to this agreement.

5.2. Guarantee period for supplied equipment is one year from the date of delivery.

6. DISPUTES AND DISPUTES

6.1. All disputes, contradictions and disagreements that may arise between the parties and/or in connection with this Agreement are subject to final settlement by the Arbitration Court of the city.

The decision made by the arbitration court is final and binding on the parties.

6.2. The applicable law under this agreement is the legislation of the Russian Federation.

7. FORCE MAJEURE CIRCUMSTANCES

7.1. The parties are released from liability for complete or partial failure to fulfill any of the obligations due to the occurrence of force majeure circumstances, such as flood, fire, earthquake, as well as in the event of war and hostilities or prohibitions by competent authorities. government agencies arising after the conclusion of this Agreement.

7.2. If any of the above circumstances lasts for the period specified in this Agreement, then this period is added accordingly for the duration of the specified circumstances.

7.3. A party that is unable to fulfill its obligations for reasons force majeure, must promptly notify the other party in writing of the commencement, expected duration and termination of these circumstances. The facts contained in the notice must be confirmed by the Chamber of Commerce or other competent organization the relevant party. Failure to notify or untimely notification deprives the guilty Party of the right to be released from obligations due to these circumstances.

7.4. If the impossibility of full or partial fulfillment of obligations for one of the Parties lasts more than months, the other Party has the right to fully or partially cancel this Agreement without the obligation to compensate for possible losses (including expenses) of the party that experienced force majeure circumstances.

8. SANCTIONS

8.1. In case of delay in payment beyond the terms specified in the Agreement, the Buyer shall pay the Seller a penalty on the amount of the Agreement in the amount of % for each day of delay.

9. OTHER CONDITIONS

9.1. All additions and annexes to this Agreement are valid if they are made in in writing and signed by both parties.

9.2. Neither party has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the opposite party.

Supply contracts do not lose their relevance in business. Most economic relationships are based on them, including the purchase of equipment.

How is an equipment supply agreement completed? With development market economy The relationship between the parties regarding delivery is also becoming more complicated.

Thus, the acquisition of equipment is associated with such nuances as determining its completeness, agreeing on the procedure for acceptance and maintenance during the warranty period. How to draw up a standard equipment supply agreement correctly?

What you need to know

A supply contract means an agreement between two parties, supplier and buyer, on delivery on time specific product for subsequent use for economic purposes.

The peculiarity of the supply agreement is that the property purchased under it cannot be used in everyday life, the scope of application is exclusively industrial use.

As for the equipment supply or purchase and sale agreement, the subject of the transaction is industrial equipment.

It must belong to the seller by right of ownership and there must be no encumbrances against it. The contract, as a rule, provides only general delivery conditions.

The list of equipment, its quantity and characteristics are indicated separate application, which is attached to the main agreement.

The subject of the transaction is transferred to the buyer's ownership after signing. But the deal does not end there and this is another feature of this agreement.

To operate the equipment, it is necessary to install it and carry out commissioning work. These actions are carried out by the seller.

The contract becomes valid from the moment of signing and is valid until the parties fulfill all contractual obligations.

Any annexes to the agreement have legal force only with the right documentation. As a sample agreement for the purchase and sale of equipment.

Basic Concepts

The following aspects are considered to be specific to the supply agreement:

• the date of conclusion and the date of execution do not coincide;
• the supplied goods have common characteristics;
• the possibility of future deliveries is anticipated.

The equipment supply agreement is a type. The difference is long term validity of the contract.

Equipment may be supplied over a long period of time. Delivery in parts is also possible. The equipment acceptance certificate is a document confirming that the item was actually received by the buyer.

At the same time, the equipment is inspected for shortcomings and defects with a view to their timely elimination by the supplier. If the buyer signs the deed without making any claims, then the property is considered transferred in proper form.

The equipment becomes the property of the buyer after signing the deed. Another mandatory document When delivering equipment, this is an installation and commissioning certificate.

IN this document it is confirmed that the equipment was assembled in accordance with the technical documentation, a test run was carried out and was not found in operation.

The specification should also be mentioned, as mandatory application agreement. It describes the characteristics of the supplied equipment, allowing it to be clearly identified.

Elements of an agreement

The main elements of a supply agreement are the subject of the agreement and the delivery time. These aspects are considered essential conditions agreement. If these are not agreed upon by the parties, the contract is considered not concluded.

Regarding the subject of the transaction, it is necessary to indicate its name, quantity, quality and other significant moments. The description of the subject of the contract must completely exclude the possibility of substitution.

If necessary, documents may be attached to the contract for compliance with which the equipment must be checked. When delivering equipment with complex characteristics, these are described in detail in the specification.

Delivery time refers to the time period when the supplier is obliged to provide the equipment within in full. In this case, the delivery period can be divided into several periods if delivery is expected in parts.

Relatively subject composition agreement, it can be noted that both a legal entity and individuals, and the state. The supplier is usually an entrepreneur or commercial organization.

The buyer can be either a legal entity or ordinary citizen purchasing equipment not for domestic use. Sometimes government agencies can become buyers.

Legal grounds

The order of delivery, assortment and other significant points are specified in nineteen articles of the Civil Code - -. IN in some cases apply to contracts general provisions about purchase and sale (—).

Standard equipment supply agreement

The following appendices are attached to the standard equipment supply agreement:

• Hardware Specification;
• delivery schedule;
• payment schedule.

From related documents are used:

• acceptance certificate;

The standard clauses of a supply contract are:

• subject of the contract;
• quality and completeness;
• conditions for transfer of equipment;
• transfer of ownership and risks;
• equipment price;
• payment procedure;
• rights and obligations of the parties;
• liability of the parties;
• force majeure;
• termination of the agreement;
• settlement of disputes;
• contract time;
• changes and additions;
• final provisions;
• details and addresses of the parties;
• signatures of responsible persons.

With deferred payment

The agreement for the supply of equipment with deferred payment differs only in the payment procedure. As a rule, payment for delivery is not made upon the fact, but after some time.

It is also possible to apply the settlement procedure with receipt of payments in . Among the nuances of drawing up an agreement, attention should be paid to the fact that the agreement itself must detail the payment procedure.

If a deferred payment is expected, then it is necessary to indicate deadline payment. In case of payment in installments (installments), the frequency and amount of payments must be indicated.

It is drawn up as an annex to the contract. One of the types of agreements for the supply of equipment with deferred payment is an agreement for the purchase of equipment on lease.

This becomes an integral part of the contract and includes the following parameters:

• exact name;
• type and brand of electrical equipment;
• dimensions of electrical equipment in accepted units;
• TU, GOST and other regulatory and technical information.

In most cases, a contract for the supply of electrical equipment is concluded for a long period, when deliveries are made repeatedly during the term of the contract.

In this case, the contract itself states:

• data of the parties;
• general name of the type of equipment;
• Estimated delivery time;
• total amount contracts;
• payment order.

More detailed information about the supplied product is indicated in the specification.

For your information! If the contract for the supply of electrical equipment is concluded between individual entrepreneurs and the total amount of the contract does not exceed ten thousand rubles, then the contract can be concluded orally.

In this case, the fact of delivery is verified accompanying documentation( etc.).

With specification

A specification is a written annex to the supply agreement, which identifies the delivered goods and indicates its qualitative and quantitative characteristics.

Why is it necessary if all the necessary data can be specified in the contract? In practice, the agreement contains only general information, without specifics.

Of course, you can stipulate in the contract detailed characteristics subject of the transaction. But this is convenient when the delivery is one-time.

If they plan repeated deliveries, then it is extremely inappropriate to clutter the text of the contract with complex technological terminology.

In addition, the composition of the delivered batch of goods, quantity, and quality may change. In this case, you can not change the contract itself, but simply conclude additional agreement and modify the specification.

The specification may be in written or electronic form, or communicated via telephone conversations, telegraph and other means of communication.

From the point of view of documentary validity, written or electronic form. Usually the specification is drawn up in the form of a table.

It indicates the list of goods supplied, quantity, cost, characteristics. Equipment is accepted based on the specifications.

Medical type object

Supply medical equipment carried out on general conditions. But there are some points regarding the specifics of the subject of the contract.

So, in addition to the basic conditions, the contract provides for training of persons who will use and maintain a medical-type facility.

The contract specifies the training procedure, duration and exact schedule. The possibility of early delivery is also necessarily provided.

Requires detailed clarification warranty obligations supplier. If the supplier fails to meet delivery deadlines, the buyer has the right to demand compensation for penalties.

If construction

The contract for the supply of construction equipment is formed on the basis of a standard form.

The conditions for installation of equipment and carrying out commissioning works, as well as about the supplier for poor quality equipment.

A direct description of the delivered object is given in the specification. At the time of direct delivery, it may be compiled.

In this case, the equipment parameters are compared with the data of the specification, attached technical documentation and accepted standards. Only after checking the condition of the object is a transfer and acceptance certificate drawn up and signed.

The nuances of forming an equipment supply agreement depend entirely on the characteristics of the specific item of delivery.

But standard template document is almost always the same, as is the list necessary applications. Knowing the main aspects of the content of such an agreement, you can easily draw up a contract for the supply of any equipment.

AGREEMENT N ____

equipment supplies

_____________ "___"_________ ____ city _______________________________________________, hereinafter referred to as___ (full name of the organization) "Buyer", represented by ________________________________________, acting (position, full name) on the basis of __________________________________________, on the one hand, and (Charter , powers of attorney) _____________________________________, hereinafter referred to as ____ "Supplier", (full name of the organization) represented by __________________________________________, acting on the basis of (position, full name) _____________________________________, on the other hand, collectively referred to as (Charter, power of attorney) "Parties" , have entered into this Agreement as follows: 1. THE SUBJECT OF THE AGREEMENT 1.1. The Supplier undertakes to transfer, within the period stipulated by this Agreement, and the Buyer undertakes to accept and pay for ___________ (indicate the name, characteristics of the equipment) equipment specified in the Specification to this Agreement (hereinafter referred to as the “equipment”).

The Specification to this Agreement indicates the name, completeness and price of each piece of equipment<*>.

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<*>An agreement is considered concluded if an agreement is reached between the parties, in the form required in appropriate cases, on all the essential terms of the agreement. The condition on the subject of the contract is an essential condition of the contract (clause 1 of Article 432 Civil Code RF).

1.2. The quantity of equipment supplied is: ________________ _____________________________________________________________________ The essential terms of the contract are the conditions that are specified in the law or other legal acts as essential or necessary for contracts of this type (paragraph 2, paragraph 1, article 432 of the Civil Code of the Russian Federation). The terms of a purchase and sale agreement regarding a product are considered agreed upon if the agreement makes it possible to determine the name and quantity of the product (clause 3 of Article 455 of the Civil Code of the Russian Federation).

In accordance with Art. 465 of the Civil Code of the Russian Federation, if the purchase and sale agreement does not allow determining the quantity of goods to be transferred, the agreement is not considered concluded. The quantity of goods is provided in the corresponding units of measurement or in in monetary terms, or the contract may establish the procedure for its determination.

2. CONTRACT PRICE AND PAYMENT PROCEDURE

2.1. The price of each piece of equipment is indicated in the Specifications to this Agreement.

2.2. The total cost of the equipment supplied under this Agreement is the amount of ________ (__________________) rubles.

(amount in numbers and words)

2.3. The price of equipment includes costs associated with packaging, loading, delivery, unloading, and cargo clearance in accordance with regulatory legal acts of the Russian Federation.

2.4. The price of the equipment is final and cannot be changed during the term of the Agreement.

2.5. Payment for the cost of equipment is made in the following order:

2.5.1. Advance payment in the amount of ____% of the cost of the equipment, which is ______ (____________) rubles, is made within _____ days from the date of signing this Agreement.

2.5.2. Payment of the remaining portion in the amount of ____% of the cost of the equipment, which is ______ (____________) rubles, is made within _____ days from the date of delivery of the equipment (clause 3.2 of this Agreement).

2.6. Payment for the cost of equipment under this Agreement is made by transferring funds by the Buyer to the Supplier's bank account.

3. TERMS AND CONDITIONS OF DELIVERY

2.7. The payment day is the day the funds are received into the Supplier's bank account.

3.1. The equipment under this Agreement must be supplied within _________ after signing this Agreement.

3.2. The delivery date is the date of delivery of the equipment to the Buyer’s warehouse.

3.3. The buyer must accept the equipment and check it for quantity on the day of delivery, and for quality no later than _________ from the date of delivery.

3.4. If a shortage of equipment is detected, the Buyer is obliged to immediately notify the Supplier. In this case, the Parties draw up a corresponding act.

The supplier is obliged to make up for the underdelivered quantity of equipment within _________ from the date the underdelivery was discovered. 3.5. When found poor quality

equipment or non-compliance of the equipment with the conditions of completeness, the Buyer notifies the Supplier of this within _________ from the date of discovery of defects or incompleteness of the equipment. The Supplier is obliged to send its authorized representative

In case of disputes about the quality of the supplied equipment, an examination is carried out by _________________________________________________________ at the expense of (if necessary, indicate by whom the examination is carried out) the Party insisting on its conduct. If the examination was carried out at the Buyer’s expense and its results revealed that the supplied equipment was of inadequate quality, the Supplier is obliged to reimburse the Buyer for the costs of the examination within _____ days from the date of receipt of its results.

If the Supplier does not send its authorized representative to the Buyer within the period established by this paragraph, the Buyer independently contacts _______________________ for an examination and notifies the Supplier about this.

3.6. In case of delivery of equipment of inadequate quality, the Buyer has the right to demand from the Supplier:

— proportionate reduction equipment prices;

— free elimination of equipment defects within _________ from the date ____________________;

— reimbursement of their expenses for eliminating equipment defects.

When significant violation requirements for equipment quality, the Buyer has the right to choose:

— refuse to fulfill this Agreement and demand a refund of the amount paid for the equipment sum of money;

— demand the replacement of equipment of inadequate quality with equipment that complies with the terms of this Agreement.

3.7. In case of delivery of incomplete equipment, the Buyer has the right to demand from the Supplier:

- proportionate reduction purchase price;

— completion of equipment within _________ from the date __________________.

If the Supplier is in specified period has not complied with the Buyer's requirements to complete the equipment, the Buyer has the right, at his own discretion:

— demand the replacement of incomplete equipment with complete equipment;

- refuse to fulfill this Agreement and demand a refund of the amount paid.

3.8. If the Buyer makes a request to replace equipment that does not meet the conditions of quality and/or completeness, the replacement must be made by the Supplier within _________ from the date ___________________.

3.9. Ownership of the equipment passes to the Buyer from the date of delivery of the equipment in accordance with clause 3.2 of this Agreement.

The risk of accidental loss or damage to the equipment is borne by the owner of the equipment.

4. QUALITY AND COMPLETENESS OF EQUIPMENT

4.1. The quality of the equipment supplied under this Agreement must comply with __________________________________________________________. (specify GOST, technical regulations

etc.) 4.2. The warranty period for the supplied equipment is _________ from the date of delivery.

4.3. The completeness of the equipment must correspond to ________________ _____________________________________________.

(specify the standard, etc.) The completeness of the equipment is indicated in the Specification to this Agreement. 5. DISPUTES AND DISPUTES _____________________.

5.1. Disputes that may arise during the execution of this Agreement will be resolved by the Parties through negotiations.

5.2. If the Parties do not reach an agreement as a result of negotiations, the disputes are referred for resolution to

Arbitration court

6. RESPONSIBILITY OF THE PARTIES. FORCE MAJEURE CIRCUMSTANCES

6.1. If the Supplier violates the equipment delivery deadline established by clause 3.1 of this Agreement, the additional delivery period of equipment established by clause 3.4 of this Agreement, the Buyer has the right to demand the Supplier pay a penalty in the amount of ____% of the price of the equipment not delivered on time for each day of delay.

6.2. If the Supplier violates the deadline for eliminating equipment defects established by clause 3.6 of this Agreement, the deadline for completing the equipment established by clause 3.7 of this Agreement, the Buyer has the right to present to the Supplier a demand for payment of a penalty in the amount of ____% of the price of the equipment in which defects were found, or from prices of equipment requiring additional equipment, respectively.

6.6. The deadline for fulfilling the obligation established by this Agreement is postponed in proportion to the duration of the specified force majeure circumstances.

6.7. A Party that is unable to fulfill its obligations due to force majeure circumstances must immediately notify the other Party in writing of the beginning, expected duration and termination of these circumstances. The facts contained in the notice must be verified chamber of commerce or other competent organization of the relevant Party. Failure to notify or untimely notification deprives the guilty Party of the right to be exempt from liability for failure to fulfill obligations due to these circumstances.

7. OTHER CONDITIONS

Along with the condition on the subject of the contract, as well as the conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, the essential terms of the contract are all those conditions regarding which, at the request of one of the parties, an agreement must be reached (para. 2 clause 1 article 432 of the Civil Code of the Russian Federation). Thus, the parties have the right to define for themselves any condition as essential, in the absence of which the contract cannot be considered concluded.

7.1. This Agreement comes into force from the date of its signing and is valid until the Parties fully fulfill all obligations under it.

7.2. This Agreement may be amended, supplemented or terminated by agreement of the Parties or on other grounds established by the current legislation of the Russian Federation.

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

7.4. All annexes are integral parts of this Agreement.

7.5. All changes, additions and annexes to this Agreement are valid if they are made in writing, signed by authorized persons and sealed by the Parties.

7.6. This Agreement is drawn up in two copies, one for each of the Parties.

8. ADDRESSES AND DETAILS OF THE PARTIES

Buyer: ____________________________________________________

________________________________________________________________

________________________________________________________________

Provider: _____________________________________________________

________________________________________________________________

________________________________________________________________