Contract - offer
Public Offer Contract
does not need to be signed on the basis of Ch. 27 of the Civil Code of the Russian Federation.
The offer below is a public offer for any legal or natural person, as well as for the individual conducting business. If you, as a consumer, agree with its terms, you can place an order and pay it. After placing an order, a public offer contract is considered concluded.
1.1. The offer is a public offer of the Supplier addressed to any legal and physical person, here also individuals who are engaged in entrepreneurial activity, conclude a contract with it on the terms and conditions contained in the contract, including all its attachments.
1.2. The contract is a compensated agreement between the Supplier and the Buyer for the supply of the Goods, concluded through the acceptance of a public offer.
1.3. Supplier - Limited Liability Company Geomaterials.
1.4. The buyer is a legal entity or an individual, as well as an individual registered and acting as an individual entrepreneur who has concluded a contract with the Supplier on the terms and conditions contained in this Agreement.
1.5. Acceptance - full and unconditional acceptance by the Buyer of the terms of the Contract. The acceptance is confirmed by placing the Order by the Buyer.
1.6. Order - a list of one or several items of the Goods, combined in one document under one number, containing information about the name of the Goods, its quantity, manufacturer, the period (s) of the Goods, the price of the Goods, information about the location, price and terms of delivery of the Goods and other conditions of delivery and payment of the Goods.
1.7. The authorized representative means any natural or legal person who is a representative of the Buyer or the Supplier and who acts on their behalf on the basis of the issued power of attorney.
1.8. A set is a specific set of Goods from two or more separate components, for its use for purposes arising from the purpose of the merged Goods supplied together, complementing each other and obviously intended for joint use. The manufacturer assigns a single catalog number to the Kit.
1.9. A carrier is a transport enterprise or an individual entrepreneur engaged in freight transportation, which the Buyer hired or indicated in the Order, and which is used by him to deliver his Goods to the place necessary to him.
1.10. Parties - the parties to this agreement, the Buyer and the Supplier.
2. General provisions and subject of the Treaty
2.1. This document is an official offer (public offer) of OOO Geomaterials - for individuals and legal entities, hereinafter referred to as the "Supplier".
2.2. The Supplier undertakes to deliver the Goods on the basis of the Purchaser's Orders.
2.3. When the Buyer needs to deliver the Goods, he indicates this in his Order. After receiving the Order for the delivery of the goods, the Supplier shall organize it by its own means or by attracting third parties at the expense of the Buyer.
2.4. Orders for the Goods and delivery are placed by the Buyer by phone, by e-mail, by fax, directly at the Supplier's office.
2.5. All orders for goods and delivery are an integral part of this Agreement.
2.6. Before the Order is issued, the Buyer receives from the Supplier a full and reliable amount of information about the Goods: by e-mail, when visiting the Buyer's office - from the Supplier's management consultants. Filling in the Order form, and further transferring it to execution, means sufficient and complete familiarization of the Buyer with the Goods, the conditions of its delivery, the presence (absence) of preferences, discounts, and the effect of the conditions of the Order on the formation of the final price of the Goods.
3. Prices, conditions, payment and delivery of goods
3.1. The prices for the goods are indicated by the Supplier in the Invoiced Accounts. The price of the Offer is the total amount of the Purchases paid by the Buyer during the term of this Offer Contract without any changes or additions.
3.2. The period of manufacture, the receipt of the goods, the receipt of the goods, the receipt of the goods, the receipt of the goods.
3.3. The date of payment is considered the date of receipt of funds.
3.4. The currency of this agreement is the Russian Ruble.
3.5. Delivery of goods is carried out on conditions - self-export from the warehouse of the Supplier. If other conditions of delivery are specified in the invoice or there are other agreements on this invoice, these terms and conditions specified in the invoice.
3.6. The buyer undertakes to withdraw the ordered and paid goods within five days after the receipt of the shipment. In the event of the non-exportation within the agreed terms, the Buyer, at the request of the Supplier, undertakes to pay for the storage of goods in the warehouse of the last penalty at the rate of 0.2% of the value of goods not exported in time for each day of delay. The supplier has the right to pay a price for the goods. In the case of not being able to export goods within fifteen days, the Supplier has the right to transfer the goods for safekeeping to the third person. And in this case, the Customer undertakes to pay for storage services in the same way.
3.7. Delivery, shipping is carried out after 100% prepayment for products.
3.8. The buyer undertakes to provide the right to self-delivery. The buyer has no right to demand the shipment of goods.
3.9. Together with the goods, the Supplier shall send to the Buyer the following documents: a consignment note, an invoice, a certificate and a product passport.
3.10. The right of ownership of the goods to the Buyer at the time of shipment of the goods, directly to the Buyer, by proxy, or at the time of delivery.
3.11. In the case of shipment of goods through the transport company or other carrier, the ownership of the goods, transfers from the Supplier to the Buyer at the time of delivery to the territory of the transport company. For the damage caused to the goods at the time of unloading by the forces and means of the transport company, the Buyer is liable.
3.12. Most of the goods offered by the Supplier are manufactured directly under the order and can not be used by any other purchaser, respectively, the purchased goods are the property of the Buyer from the moment of their shipment, and are not subject to exchange or refund.
3.13. The quality of the goods must comply with the specifications of the manufacturer.
3.14. The guarantee period is indicated in the passport for the supplied Goods.
4. Rights and obligations of the Parties
4.1. The buyer has the right:
4.1.1. Request a refund in case the Supplier fails to fulfill the terms of the Order.
4.1.2. Before the transfer of the Goods to him, refuse to perform the contract provided that the Supplier refunds the expenses incurred in connection with the performance of actions for the implementation of this Agreement in the amount of 40% of the total cost of the Order.
4.2. The buyer is obliged:
4.2.1. Provide the exact name of the required Goods when ordering. In case of self-order, without consulting the Supplier's management consultants, be responsible for the selection of the Goods.
4.2.2. Pay the Goods, according to the invoices, at the price indicated in them.
4.3. The Supplier shall have the right:
4.3.1. Do not proceed with execution of the Order, in the absence of payment for it in accordance with paragraph 3.7.
4.3.2. Do not accept claims for non-conformity of the Goods and do not accept the return of the Goods in the absence of complete data.
4.3.3. In the case of non-receipt of the Goods by the Buyer within 30 calendar days from the date of notification of the Buyer about the receipt of the Goods to the Supplier's warehouse, terminate the Agreement unilaterally and sell the Goods to third parties. In this case, the buyer can receive the amount of the prepayment paid for the Goods only after the sale of the Goods to third parties, less the amount charged by the Supplier for storage of the Goods during the period from the moment of receipt of the Goods to the warehouse and until the moment of its final sale.
4.3.4. In case of disagreement of the Buyer with price changes, refuse to execute the Order or its part, offer a similar Goods of another manufacturer, change the delivery time of the Goods.
4.3.5. Do not accept the return of the Goods, as well as claims for the return of the Goods without preserving the presentation of the Goods, their packaging, and also without the presence on the packaging or the Product itself of all labels and labels.
4.4. The Supplier shall:
4.4.1. Deliver the Goods in accordance with the terms of the Order.
4.4.2. Ensure the conformity of the quality of the Goods with quality requirements for similar goods in the territory of the Russian Federation.
4.4.3. In case of changing the delivery time, immediately inform the Buyer about changes in the terms of delivery in order to obtain consent to new conditions for the fulfillment of the Order as a whole, or in part. The Supplier shall inform the Buyer by telephone or electronic communication. The received answer is fixed in the electronic history of execution of the Order. The buyer is considered to have accepted the changed conditions, if within 36 hours from the date of notification by the Supplier of the change in the contractual terms, he did not send a written refusal to the Supplier's address.
4.4.4. In case of changing the price of the Goods in the course of execution of the Order, agree such changes with the Buyer.
5. Quality of goods, packaging and packaging
5.1. The Supplier warrants that the Goods transmitted to the Buyer are free from defects and comply with the standard standards of the manufacturer. The transferred Goods are provided with the necessary documents on the quality, provided by the current normative acts and legislation.
5.2. The signing of this agreement means the Buyer's full agreement with the requirements for the use and application of the Goods.
5.3. Acceptance of the Goods by quantity and assortment is carried out when it is transferred by the Supplier to the Buyer.
5.4. Acceptance of the Goods in quality is carried out by the buyer upon receipt of the Goods from the supplier in respect of defects that may be detected during visual inspection. In terms of hidden defects, the Goods acceptance by quality is carried out by the Buyer in accordance with the submitted quality certificate within 10 (Ten) working days from the date of signing by the Buyer of a universal transfer document (FRT) and a waybill.
5.5. The buyer, upon detection of a discrepancy in the quality of the Goods, the shipping documents must suspend the acceptance, ensure the safety of the Goods, prevent mixing of the defective lot of the Goods with a homogeneous Goods and, within 2 hours from the time of detecting a quality mismatch, call by e-mail: info @ td-geo. ru of the representative of the Supplier for participation in joint acceptance of the Goods on quality and preparation of a bilateral act. Representatives of the Supplier shall arrive at the place of acceptance within 3 (three) business days from the date of notification of suspension of acceptance to their address.
5.6. If representatives of the Supplier are not present to continue the joint acceptance within 3 (three) business days from the date when notice of suspension of receipt is notified to them and no information is provided about their reasonable arrival time, the Buyer has the right to continue acceptance unilaterally. A bilateral certificate of acceptance of the Goods in quality upon the arrival of representatives of the Supplier and or a unilateral act (drawn up by the Buyer upon proper notice and absence of representatives of the Supplier) - are grounds for presenting the Buyer's claims arising from the receipt of the Goods of inadequate quality, in order
6. Responsibility of the Parties
6.1. The Parties are responsible for the fulfillment of obligations under this Agreement in accordance with the legislation of the Russian Federation.
6.2. For the delay in payment of the Goods delivered beyond the deadlines provided for in the Order, the Supplier shall be entitled to demand from the Buyer payment of a penalty in the form of a fine in the amount of 0.1% for each calendar day of delay from the unpaid amount.
6.3. For violation of the terms of shipment provided for in the Order, the Supplier shall pay to the Buyer a penalty in the form of a fine in the amount of 0.1% of the value of the unloaded goods for each calendar day of delay.
6.4. The parties are exempted from liability for full or partial default of their obligations if the failure was the result of such insurmountable circumstances as: war or military actions, earthquake, flood, fire and other natural disasters, acts or actions of public authorities, changing customs regulations, restrictions on imports and export, arising independently from the will of the Parties after the conclusion of this Agreement. A party that is unable to fulfill its obligations shall immediately notify the other Party and provide documents confirming the existence of such circumstances issued by authorized bodies.
6.5. The Supplier shall be released from liability in the event that the Buyer independently orders the Order via the Internet, without prompting the Supplier to verify the correctness of the selection of the Goods. The request is sent to the Supplier electronically, formalized by the Supplier in the form of a form with the number assigned to it, and returned to the Buyer with the results of the check. In the absence of the above-mentioned request, and the numbers of the Goods delivered by the Supplier and ordered by the Buyer coincide, the Supplier's obligations are deemed to be duly executed, the Goods shall not be exchanged and returned (except for warranty claims).
7.1. The Parties shall ensure the confidentiality of all information and all documents received from the other Party. Additional notification of the assignment of any document to confidential is not required. The transfer of information to third parties, its publication or disclosure may be carried out only by mutual consent of the Parties.
8. Settlement of disputes
8.1. The Parties shall take all measures to resolve disputes and disagreements that may arise in the performance of obligations under the Treaty or in connection therewith, by negotiation.
8.2. If the parties can not reach an agreement on the disputed issue, then the disagreements that have arisen are resolved by a court of law in the Arbitration Court of Rostov-on-Don.
9. Final Provisions
9.1. The Buyer's requirements related to termination of the contract, elimination of breaches of its terms and conditions, shortcomings in the goods, compensation for damages shall be transferred to the Supplier in writing, accompanied by the necessary documents that substantiate these claims (document certifying the purchase, as well as documents proving the defects of the goods and losses caused to the Buyer in connection with improper quality of the goods).
9.2. The present contract, placed on the Internet site: http://www.td-geo.ru/materials/dogovor and in the office of the Supplier, is a public offer. The absence of a signed copy of the Treaty on paper, signed by the parties, in case of actual payment by the Buyer, is not grounds to consider this Agreement not to be concluded. Payment in accordance with the made order is considered an acceptance by the Buyer.
9.3. Any changes and additions to this agreement are valid provided they are made in writing and signed by the Parties or Authorized representatives of the Parties.
10. Supplier Details
346400, Rostov Region, Novocherkassk,
Baklanovsky Ave., 200, office 47
INN 6150066178; Gearbox 615001001
p / s 40702810852450080035 in PJSC "Sberbank of Russia"
G. ROSTOV-NA-DONU, c / s 30101810600000000602
BIK 046015602 OKPO 68781351
Tel. (8635) 27-66-07