Agreement between the organizations of the State Parties of the Commonwealth of Independent States on general terms of deliveries of goods
of March 20, 1992
This agreement is directed to creating favorable conditions for preserving and development of economic bonds between subjects of managing within the Commonwealth of Independent States taking into account the economic complementation agreements signed between them, and also provides at the same time identical responsibility of all subjects of managing for accomplishment of the contractual commitments by them in their economic space in general.
The agreement is based on the principles approved by the governments of the states regarding implementation of interstate economic agreements.
1. The agreement extends to the relations between subjects of managing (irrespective of patterns of ownership) gosudarstvuchastnik of the Commonwealth on interstate commercial ties.
2. For the purposes of this agreement:
a) subjects of managing are understood as the companies, their combinations, the organization of any legal forms, and also the citizens having the status of the entrepreneur according to the laws existing in the territory of the State Parties of the Commonwealth, and their consolidation;
b) are understood as goods both consumer goods, and industrial goods.
3. Delivery of goods is made under agreements (contracts).
The agreement is the single document determining the rights and obligations of the Parties by delivery of all types of goods.
The companies are free in the choice of subjects of the agreement, determination of obligations, any other conditions of economic relations, except as specified deliveries of goods under interstate agreements.
4. This agreement does not extend to the economic relations between subjects of managing of the states which are not members of the Commonwealth.
5. The states of the Commonwealth through the bodies carry out work on providing the timely conclusion of economic delivery agreements on interstate agreements, control of their execution.
6. For transition of state members of the Commonwealth to the free market relations delivery of goods is, as a rule, made by the conclusion between the supplier and the buyer of direct agreements, and also by means of intermediary firms, other organizations providing delivery of the goods and rendering services in establishment of economic bonds between the supplier and the buyer. At the same time intermediary firms and other organizations can act as the agreement party as as the supplier, and the buyer, with acceptance on themselves their rights, obligations and the responsibility provided by this Provision.
The parties have the right to sign delivery agreements through system of the goods markets: commodity exchanges, fairs, auctions and other market structures.
7. The bodies regulating deliveries for the state needs create supply rates of goods for the state needs by their types, the territory and suppliers and till May 1 of the year preceding delivery show them to regulating authorities of other states of the Commonwealth on agreed form and the nomenclature regarding mutual deliveries.
Each state member of the Commonwealth informs all his participants on authorities which have the right to issue notices on attachment of suppliers to buyers.
8. The bodies regulating deliveries approve amounts of goods and till July 1 sign the relevant documents which are integral part of the Agreement on trade and economic cooperation.
9. The bodies regulating deliveries of the states of the Commonwealth till August 1 bring to the bodies regulating supply rates of goods under interstate agreements with indication of quotas for each state consumer.
10. The bodies regulating deliveries of the states of the Commonwealth in the location of the buyer till September 1 lead up limits to consumers with issue of notices on attachment of the buyer to the company supplier.
11. The buyer within 20 days from the moment of receipt of the notice on attachment sends to the supplier the order specification for delivery of goods.
The supplier within 20 days after receipt of the order specification reports to the buyer about adoption of the order to execution or directs the draft agreement.
12. The buyer has the right to refuse fully or partially the goods allocated to him and the conclusion of the agreement, having informed on it the body which issued the notice on attachment and the supplier in 20-day time from the moment of receipt of the notice on attachment.
13. In case of disagreement of the supplier with the notice on attachment fully or partially in case goods quantity exceeds the amount finished for the state needs and also in the absence of on a centralized basis regulated material resources or for motive of discrepancy of the goods specified in the notice on attachment, specialization and to profile of the supplier he has the right in 20-day time from the moment of receipt of the notice to file the plea of nullity or change of the notice in the body regulating deliveries of goods in the location of the supplier.
In case of non-presentation of the statement in the specified time, the notice it is deemed accepted to execution and the supplier has no right to refuse the conclusion of economic contracts with consumers. The body which received the application of the supplier for cancellation and change of the notice shall in 10-day time from the date of receipt to consider applications its justification and in case of consent with notes and the argumentation of the supplier to renew the notice on attachment to other (real) supplier and to provide acceptance to execution of the renewed notice.
The copy of this statement goes to the receiver.
14. Disputes on the conclusion of delivery agreements of goods over interstate agreements are considered by Arbitration (economic) Courts of state members of the Commonwealth in the location of the companies suppliers.
15. Disputes on change and agreement cancelation of delivery are considered by Arbitration (economic) Courts irrespective of the basis of the conclusion of the agreement in the location of suppliers (manufacturers).
16. Agreements are signed by creation of one document signed by the parties or by adoption of the order of the buyer by the supplier to execution if the order contains all conditions necessary for delivery of goods.
Contractual relations of the parties can be established also by exchange of letters, telegrams, teletaypogramma or are faxed.
The draft of the written agreement is sent by the supplier (manufacturer) to the buyer (consumer) in duplicate in 20-day time from the moment of receipt of the notice.
17. In the agreement the nomenclature (assortment), quantity, quality, the goods price, delivery dates, shipping and payment requisites is surely determined. In the absence of these conditions the agreement is considered unconcluded.
If the long-term agreement is signed, then these conditions shall be determined for the first year of delivery. The next years they shall be approved no later than 45 days prior to the beginning of the delivery period.
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