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Памухина. АЯ для делового общения..doc
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Para 4

The Agent shall not, without preliminary commission of the Principal in writing, enter upon any agreements or sign documents, which may give rise to new obligations on the part of the Principal or change the obligations already existing.

Para 5

1) As full compensation for the total volume of services rendered the Principal shall pay the commission to the Agent for all direct and indirect transactions, being concluded with the Agent's assistance.

The commission shall be paid to the Agent in the currency received from the Customer against signed Contracts within 30 days after the Principal gets payments from the Customer for the relevant services.

  1. The Principal shall remit the above-mentioned sums of the commis­sion through the Bank for Foreign Economic Affairs of Russia to the Agent's account with the ... Bank, ... .

  2. The commission covers all the expenses incurred by the Agent in con­nection with the implementation hereof.

Para 6

Should the Agent fail to fulfil the obligations stipulated by the present Agreement, the Principal reserves the right to negotiate with the interested persons in a direct manner. In this case the Agent will have no right to a commission.

Should any differences or disputes connected with the present Agree­ment arise between the Principal and the Agent, the Parties will strive to reach friendly settlement of them.

Should such friendly settlement appear impossible and the Parties fail to reach an agreement within 15 days in the manner of arrangement, the dis­putes will be submitted for the consideration of parity commission com­posed of 4 persons, 2 persons from each party. This parity commission will be set up within 10 days from the date of a written request from one of the parties hereto.

Should the parity commission fail to settle the dispute within 15 days from the date of its establishment, or if one Party fails to appoint its repre­sentatives to the parity commission within the 10 days mentioned above,

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the dispute will be at the written request of one of the Parties submitted for

the consideration of the Arbitration Court of the ... Trade Chamber the

decisions of which will be final, liable to no protest or appeal and will be obligatory for both Parties.

Para 7

Should the Agent fail to fulfil the obligations stipulated by the present Agreement, the Principal reserves the right to terminate or postpone the payment of the commission stipulated in Paragraph 5.

Para 8

The present Agreement is of a private nature and the Agent is not en­titled to transfer his rights and obligations under this Agreement to a third person.

Para 9

In case the Contract between the Principal and the Agent is not signed due to the circumstances which are beyond the control of the Parties, the Principal and the Agent will not have any mutual claims arising out of the present Agreement.

Para 10

The present Agreement comes into force from the date of its signing and shall be valid for the whole validity period of Contracts for rendering techni­cal assistance to the Customer in the construction of any Power Plant, Hy­draulic Station, Transmission Line, Sub Station, Diesel and Gas Plant, etc., on the territory of... , concluded with the Agent acting as an intermediary.

The present Agreement was signed in ... on March ... , 20... in two cop­ies in English.

Legal Addresses of the Parties:

Principal ... Agent...

commission v зд. поручать, упол-

номачивать Syn. entrust intermediary n посредник

intermediate а посреднический to clear a cargo through the

customs проводить таможенную

чистку груза

implementation п применение, query I'kwian] п вопрос

реализация strive v стремиться

at smb's disposal в чье-л. распоря- parity commission паритетная жение комиссия

лины

dues [dju.zj п сборы, налоги, пош- obligatory а обязательный

nTiirif

terminate v прекращать

2. INVITATION ТО TENDER AND TENDERING CONDITIONS

1.0 Invitation

1.1 For and on behalf of the President of..., the Department of... invites tenders in Duplicate for supply of plant/ machinery/equipment/ materials as detailed in Part III to this tender document. The condi­ tions of contract are as contained in form No. ... which is Part II of this tender document. If you are in a position to quote for supply in accordance with the requirements indicated in Part III to this tender document, please submit your offer in the prescribed tender Form No. ... attached.

1.2 Language of Offers

1.2.1 All tenders shall be made in English in the prescribed form attached. Tenders submitted in any language other than English must be ac­companied by English translation.

1.3 Validity of Offers

1.3.1 Offers made shall remain open for acceptance for 120 days from the last date specified for receipt of offers.

1.4 Alternative Offers

  1. If any departure or substitution from the particular specification con­tained in Part III to this tender document is involved, this should be clearly indicated in the tender form and should be added as Annexure "A" thereto.

  2. Offers with alternative equivalent specifications made should con­tain sufficient details to show that the alternatives will equally serve the purpose.

  3. All necessary catalogues/drawings/technical literature/ data con­sidered essential for full and correct evaluation of the offers made shall invariably accompany the offers.

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1.5 Terms and Conditions of Contract

1.5.1 It must be clearly understood that any offer shall be governed by the General Conditions of Contract as contained in Form No.... Part II of this tender document. Particular care must, therefore, be taken to go through these General Conditions of Contract and in exceptional cases, if any deviations are proposed, these must be clearly stated in the tender and incorporated as Annexure "B" to the tender form.

1.6 Price

  1. Prices quoted must be firm. In exceptional cases if prices are quoted subject to variation, the variation shall be on the basis of a standard "Price Variation Formula". The basis for calculation shall be very clearly stated. Variation limited to a specific ceiling will be preferred.

  2. Prices quoted shall be in the currency of the country of origin and the offers linking the quoted currency with some other currency are li­able to be ignored.

  1. Prices quoted must be on the following basis:

  1. F.O.B. Port of shipment (i.e. Free on Board the Vessel at the near­est Port of shipment — packing, inland freight, charges towards loading the consignments on to the vessel, documentation, etc. included). Name of the Port (Sea/Air) proposed for shipment shall be clearly indicated;

  2. С & F ... Port (all inclusive cost except insurance — i.e. cost of goods, packing, inland freight, Pre-paid ocean freight, doc­umentation, etc.).

1.6.4 Agency Commission

1.6.4.1 Commission payable to the tenderer's Agents in ... , if any, shall be included in the price. Name and address of the Agents and the percentage of commission payable to them and included in the price shall be clearly indicated. The commission will be paid directly to the ... Agents.

1.7 Spares and Accessories

1.7.1 Offers for plant/machinery/equipment/instrument shall also state prices for essential accessories, optional accessories and spares nec­essary for satisfactory operation of the plant/machinery/equip­ment/instrument:

  1. for a period of two years, and

  2. for a period of five years.

1.7.2 Prices for accessories and spares shall be itemized. Particular care must be taken to list out each item of spare and quantity recommended and also the individual price for these items.

1.8 Quantity

1.8.1 The Purchaser reserves the right to accept or reject any offer in whole or in part without assigning any reasons. It would, therefore, be in the interest of the tenderers to clearly understand that the Purchaser may accept offers for any quantity offered of his choice and hence, the percentage of reduction, if any, in the price quoted in case of ac­ceptance of tender in whole shall be clearly stated.

1.9 Erection and Commissioning

1.9.1 Tenderers must clearly and separately furnish in their offers the terms for supervision of erection and commissioning particularly in respect of plant/machinery/equipment/instrument.

1.10 Mode of Submission of Tenders

  1. Tenders received after the last date fixed for its receipt may not be considered and it will, therefore, be in the interest of the tenderers to ensure that the tenders are mailed well in time. It will be open to the tenderers to send their offers by Cable/Fax to ensure its re­ceipt by the due date. Detailed offer in the prescribed tender form must, however, be mailed latest within seven days from the date of Cable/Fax offer.

  2. Tenders shall be enclosed in an envelope duly superscribed with Tender Number and the last date for receipt of the same; thus: — TENDER NO LAST DATE FOR RECEIPT

1.11 Status of Individual Signing the Offer

1.11.1 Individuals signing the tender form and other connected documents must specify the capacity in which they sign.

1.12 Authority of Agents

1.12.1 If a tender is submitted by an ... Agent on behalf of his foreign prin­cipal, such tender should be supported with a Letter of Authority from the principal that the ... Agent has been authorized to submit the tender on behalf of the principal. Tenders not accompanied by such a Letter of Authority are liable to be ignored. However, accep­tance of offer will be communicated only to the foreign principals directly.

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