{"id":6527,"date":"2021-02-02T17:13:49","date_gmt":"2021-02-02T17:13:49","guid":{"rendered":"https:\/\/magilex.com\/?p=6527"},"modified":"2023-04-07T13:20:31","modified_gmt":"2023-04-07T13:20:31","slug":"supply-agreement","status":"publish","type":"legal_template","link":"https:\/\/www.magilex.com\/et\/legal-template\/supply-agreement-6527\/","title":{"rendered":"Supply Agreement"},"content":{"rendered":"

Supply Agreement<\/strong><\/h1>\r\n

 <\/p>\r\n

In […<\/mark>], on […<\/mark>]<\/p>\r\n

 <\/p>\r\n

[…<\/mark>], registry code […<\/mark>], address […<\/mark>], in the person of board member […<\/mark>], who is acting according to the articles of association (hereinafter the “Seller”) <\/strong>and<\/p>\r\n

[…<\/mark>], registry code […<\/mark>], address […<\/mark>], in the person of board member […<\/mark>], who is acting according to the articles of association (hereinafter the “Purchaser”)<\/strong>,<\/p>\r\n

<\/p>\r\n

<\/p>\r\n

hereinafter separately or jointly referred to as Party or Parties, have concluded this delivery contract (hereinafter the “Contract”<\/strong>) on the following:<\/p>\r\n

 <\/p>\r\n

1. Object of Contract<\/strong><\/p>\r\n

1.1. Seller shall sell and Purchaser shall buy […<\/mark>].<\/p>\r\n

1.2. The Parties shall agree upon quantity, measures, production materials and quality of the product in Appendix 1 of the Contract. The Parties shall also enclose the draft of each single object to Appendix 1 of the Contact.<\/p>\r\n

1.3. The Parties have agreed that the Seller shall undertake to ensure the Purchaser readiness for delivery of the […<\/mark>] (number in words).units of complete range (hereinafter the “Goods”<\/strong>), which has been specified in Appendix\u00a01 of the Contract in each calendar month.<\/p>\r\n

1.4. Seller and Purchaser hereby agree that Seller shall sell the Goods specified in Appendix 1 of the Contract deliberately from all companies operating at the territory of […<\/mark>] only to Purchaser (hereinafter the “Exclusiveness of Contract”<\/strong>).<\/p>\r\n

 <\/p>\r\n

2. Price of Goods, conditions of payment and advance payment<\/strong><\/p>\r\n

2.1 The Parties hereby agree that the price of one product is […<\/mark>] (sum in words) EUR whereto value added tax shall be added.<\/p>\r\n

2.2 According to section 1.3 of the Contract, full cost of complete range units to be guaranteed monthly by Seller to Purchaser is […<\/mark>] (sum in words) EUR whereto value added tax shall be added (hereinafter the “Price of Goods<\/strong>“).<\/p>\r\n

2.3. The Parties have agreed that the Purchaser shall pay the Price to Seller as advance payment for the following calendar month by the 10th\u00a0day of the previous calendar month at the latest. If the 10th\u00a0day is the weekend and\/or holiday in the home country of Seller, then the due date of payment will be postponed until the next first business day.<\/p>\r\n

2.4. If the date of concluding the Contract is later than the 10th\u00a0date, then Purchaser shall undertake to pay the Price of Goods within the 10th\u00a0calendar day at the latest as of concluding the Contract and hereinafter according to provision 2.3.<\/p>\r\n

2.5. Seller shall be obliged to pay 1% (one percent) of the Price of Goods that have been ordered and value added untaxed according to the Contract in every month to […<\/mark>], who operates as an agent, by the 10th day of the month subsequent to the accounting month at the latest. Seller shall pay the amount specified in this section to the bank account that has been notified to Seller by […<\/mark>].<\/p>\r\n

2.6. Payment for Price of Goods and other monetary obligations proceeding from the Contract shall be made to the bank account of the Seller, the requisites whereof have been specified in section 7.1 of the Contract.<\/p>\r\n

2.7. Purchaser shall pay the Price according to the advance payment invoices issued by the Seller. Seller undertakes to issue prepayment invoices to the Purchaser by the 1st\u00a0date at the latest.<\/p>\r\n

2.8. Price of Goods and other sums subject to payment pursuant to the Contract shall be deemed accrued if Price of Goods and value added tax to be added thereto and sums due according to the Contract and pursuant to the law the tax to be added have been accrued to the bank account of Seller.<\/p>\r\n

2.9. The Parties have agreed that the Purchaser shall pay guarantee money to Seller within 10 (ten) days as of signing the Contract at the latest. The amount of guarantee money shall be double of Price of Goods without value added tax (hereinafter the “Guarantee<\/strong>“).<\/p>\r\n

 <\/p>\r\n

3. Transport of Goods<\/strong><\/p>\r\n

3.1. Seller undertakes to pack the Goods prior to delivery at the expense of the Purchaser.<\/p>\r\n

3.2. Seller shall order the transport and deliver the Goods DDU […<\/mark>] (Incoterms 2000).<\/p>\r\n

3.3. Upon transport of the Goods, the Parties shall be guided from the Convention on the Contract for the International Carriage of Goods by Road (CMR) of Geneva in 1956.<\/p>\r\n

 <\/p>\r\n

4. Obligation to grant information<\/strong><\/p>\r\n

4.1. Purchaser undertakes to present to Seller in each quarter in writing:<\/p>\r\n

4.1.1. information of who the clients are;<\/p>\r\n

4.1.2. turnover structure of Goods concerning the clients;<\/p>\r\n

4.1.3. information in regard to qualitative alterations in selection of Goods.<\/p>\r\n

 <\/p>\r\n

5. Force Majeure<\/strong><\/p>\r\n

5.1. Failure to perform the Contract due to reasons caused by force majeure, shall be deemed excusable.<\/p>\r\n

5.2. Under force majeure the Parties shall mean whatsoever unforeseeable event beyond the intent of the Parties (including natural catastrophes, war, strike), which the Parties could not influence and could not be expected proceeding from principle of reasonableness, that they would have considered such circumstance upon concluding the Contract or avoided or exceeded that repressive or consequence thereof. If the impact of force majeure is temporary, violating an obligation shall be excusable only during the time force majeure hindered performing obligations.<\/p>\r\n

5.3. The Party referring to force majeure shall notify the other Party thereof in writing within five (5) working days as of the occurrence of the respective circumstances indicating in the written notice the specific consequences and extent of impact of force majeure.<\/p>\r\n

5.4. Force majeure shall change the terms set out in the Contract by the period during which the performance of the Contract was suspended due to the above circumstances.<\/p>\r\n

 <\/p>\r\n

6. Resolving disputes<\/strong><\/p>\r\n

6.1. Any dispute or claim arising out under or in connection with the Contract shall be settled amicably between the Parties.<\/p>\r\n

6.2. In default of amicable settlement between the Parties, such disputes and claims arising therefrom shall be deferred for final settlement to an arbitration panel of three arbitrators appointed under the Rules of Conciliation and Arbitration of the \u201cInternational Chamber of Commerce\u201d of Paris, which is hereby acknowledged and accepted by the Parties. The arbitration will take place in Geneva, Switzerland.<\/p>\r\n

6.3. United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be the applicable law upon construing this Contract and resolving disputes in connection with the Contract.<\/p>\r\n

 <\/p>\r\n

7. Data of the Parties<\/strong><\/p>\r\n

7.1. Seller: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\r\n

Registry code: […<\/mark>]<\/p>\r\n

Address: […<\/mark>]<\/p>\r\n

E-mail: […<\/mark>]<\/p>\r\n

Bank account: […<\/mark>]<\/p>\r\n

7.2. Purchaser: \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0<\/p>\r\n

Registry code: […<\/mark>]<\/p>\r\n

Address: […<\/mark>]<\/p>\r\n

E-mail: […<\/mark>]<\/p>\r\n

Bank account: […<\/mark>]<\/p>\r\n

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