Договор купли-продажи

CONTRACT FOR PURCHASE AND SALE 

Made this ____ day of ____________ 200__ 

______________________________ hereinafter referred to as the Seller, on the one hand and __________________________, hereinafter referred to as the Buyer, on the other hand have concluded the present Contract as follows: 

1. Subject of an agreement 

1.1. The Seller is engaged to transfer Property, owned by the Seller, to Buyer, and Buyer is engaged to accept the Property and pay for it. 

1.2. Data about the Property:

- name, quantity and quality (with standard and technical specifications` indication) ___________________

- manufacturer __________________________

- units __________________________________

- price per unit ___________________________

- quantity _______________________________

- warranty assurance _____________________ 

2. Terms of Contract 

2.1. The Property mentioned in 1.2. shall be transferred to the Seller within _______ days from the date of this Contract.

2.2. The Buyer shall pay for the Property within the following time constraints: ______________________________. 

2.3. Contractual time

Beginning ________________________________________________.

Termination _______________________________________________. 

3. Price of the Contract 

3.1. The total cost of the present Contract is _____________________.

3.2. The cost of the present Contract includes _____________________. 

4. Terms of payment 

4.1. The payment under the present Contract should be effected _____________________________________________

At a time, by stages, by means of advance payment 

4.2. Means of payment _______________________________________________

Draft, check, letter of credit and so on 

5. Obligations of the Parties 

5.1. The Seller is obliged:

5.1.1. To provide the Buyer with the Property eligible to the current Contract.

5.1.2. Substitute the poor Property within ________ days from the receiving the notification about getting the poor Property for the new one, or to pay back the cost of the poor Property within ______ days in accordance with Schedule 2 herein. 

5.2. The Buyer is obliged to:

5.2.1. Accept the offer in accordance with the terms and conditions established by the present Contract and existing legislation of the EU by drawing up an acceptance report.

5.2.2. To inform the Seller about the poor Property received within ________ hours from drawing up the report about it.

5.3.3. To pay for the Property in the amount and in time established by the Contract. 

6. Responsibility of the Parties 

6.1. Provided the breach of the terms of transferring the Property, the party in fault shall recover the losses in corpore and pay a fine in total amount of _____________ euros.

6.2. Provided incomplete transfer of the Property, the Seller shall pay to the Buyer the penalty in the amount of ___% from the not transferred Property’s cost per every delayed day.

6.3. Shall the Property not corresponding to the terms of the present Contract or not completed Property be transferred, the party in fault shall pay a fine in total amount of ____________ euros.

6.4. In case the Seller refuses to replace the poor Property by the proper one in time anticipated in 5.1.2., the Seller shall pay a fine in total amount of ____________ euros.

6.5. In case the Buyer fails to pay in time or not pays the total cost of the Property, the Buyer pays off a fine of ____% from the total cost per every delayed day, but not more than _________.

6.6. Provided the untimely removal of the Property from the Seller’s warehouse, the Buyer shall besides the fine, recover the losses of keeping the Property in total amount of ________ euros per every day above the fixed time.

6.7. The payment of the forfeit does not reprieve the Parties according to the present Contract. 

7. Force Majeur 

7.1. Neither party shall be liable to the other for any failure to perform its obligation hereunder which is caused by unforeseeable consequences including declared or real war, civil strife, epidemics, blockade, embargo, earthquake, flood, fire or other natural disasters.

7.2. The certificate issued by a chamber of commerce or other competent authority is an ample corroboration of beginning and continuance of force majeur.

7.3. The Party which fails to perform its obligations shall inform the other Party about the obstacle and its influence on the performance of the obligations.

7.4. If the force majeur runs for ________ successive months and there is no indication of stopping it, the present Contract could be terminated by the Seller and the Buyer by means of sending to the other Party the notification. 

8. Solving the disputes 

8.1. Should any difference or dispute arise at any time hereafter between the Parties touching on the true construction of this Contract, it shall be solved by negotiations between the Parties.

8.2. Provided that any dispute between the parties hereto not resolved by negotiations, shall be submitted to arbitration in conformity with the legislation of EU. 

9. Alterations and modifications of the Contract 

9.1. Every kind of alteration or modification of the present Contract comes into force only provided that they are drawn up in writings and signed by the both Parties.

9.2. The prior termination of the contract can only occur under agreement between two Parties or under the reasons provided by the existing legislation with damages. 

10. Other conditions 

10.1. The present Contract is made up in two copies both having the same value; one copy for each Party.

10.2. Other conditions at discretion of the Seller _____________________________________

10.3. Other conditions at discretion of the Buyer _____________________________________