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Agreement between the Government of the Russian Federation and Government of the Republic of Belarus on conditions of deliveries of goods between the companies and organizations

of July 20, 1992

The government of the Russian Federation and the Government of the Republic of Belarus which are hereinafter referred to as with the Parties

for the purpose of realization of cross liabilities on deliveries of goods according to intergovernmental agreements about trade and economic cooperation within the Common Economic Space agreed about the following:

Article 1

The parties accept Conditions of deliveries of goods between the companies and the organizations of the Parties as they are determined in appendix to this agreement.

Article 2

The parties enact the Conditions mentioned in Article 1 from the moment of the signature of this agreement.

This agreement becomes effective from the moment of its signing and will be effective until the expiration of 6 months from the date of when one of the Parties reports to other Party in writing about the intention to terminate this agreement.

Article 3

This agreement is open for signing by other State Parties of the Commonwealth of Independent States.

It is made in Moscow on July 20, 1992 in duplicate, everyone in the Russian and Belarusian languages, and both texts are equally authoritative.

 

For the Government of the Russian Federation

For the Government of the Republic of Belarus

Appendix

Conditions of deliveries of goods between the companies and the organizations of the Russian Federation and the Republic of Belarus

These Conditions regulate procedure for the conclusion and execution by the companies and organizations of agreements to deliver goods for intergovernmental agreements about trade and economic cooperation between the Russian Federation and the Republic of Belarus.

1. General provisions

1. Agreements to deliver goods between the companies and the organizations of both states consist taking into account the procedure and terms established by the Agreement on general terms of deliveries of goods between the organizations of the State Parties of the Commonwealth of Independent States, signed of March 20, 1992 in Kiev.

2. The disputes between the companies and the organizations arising in case of the conclusion and execution of agreements to deliver goods according to intergovernmental agreements are permitted by arbitral authorities of both states according to the Agreement on procedure for the dispute resolution connected with the implementation of economic activity signed on March 20, 1992 in Kiev.

2. Quality, quantity and nomenclature of delivered goods, procedure and delivery dates, goods acceptance and settlement

1. The delivered goods shall conform on quality to standards, specifications, samples (standards), other documentation or agreements.

Numbers and indexes of standards, specifications and other documentation are specified in the agreement.

In the agreement it can be determined by what document the manufacturer (supplier) shall support quality of the delivered goods and procedure for dispatch to the consumer of this document.

The warranty period for goods is established in standards and specifications.

If in standards or specifications warranty periods are not established, they can be established in the agreement.

2. The manufacturer (supplier) shall eliminate at own expense the defects revealed in goods during warranty period or replace goods if does not prove that defects resulted from violation by the receiver of service regulations or storage of goods.

Elimination of defects or replacement of goods is made in the terms provided in the agreement.

3. If quality of the delivered goods appears to inappropriate standards, specifications, samples (standards) or terms of the contract, the buyer (receiver) has the right to refuse payment of goods, having taken it on safe custody and if the goods are paid to demand in accordance with the established procedure return of paid amounts and replacement of goods by high-quality.

If the manufacturer (supplier) within 10 days, and on perishable goods within 24 hours, from the date of receipt of the notice on acceptance of goods on safe custody does not dispose of goods, the receiver has the right to realize these goods on site or to return to the manufacturer (supplier). At the same time the perishable goods are not subject to return.

4. Goods shall be delivered completely, according to requirements of standards, specifications or agreements.

By delivery of incomplete goods the manufacturer (supplier) shall in 20-day time from the moment of the requirement of the buyer understaff or replace it with other complete goods.

5. By delivery of unmarked or the buyer (consumer) the goods having the right to relabel at the expense of the manufacturer (supplier), and in the cases provided in the agreement, to refuse acceptance and payment of these goods is inadequate the marked goods.

6. The quantity, assortment, terms and procedure for delivery of goods are determined by the parties in the agreement.

Goods quantity is determined in the agreement taking into account the supply rates provided by intergovernmental agreements and brought to suppliers and buyers in accordance with the established procedure.

7. The procedure and terms of goods acceptance are determined by the parties in the agreement by quantity and quality.

The buyer has the right to refuse fully or partially receipt of the specified goods and the conclusion of contracts for their delivery, having reported about it to the body which determined amounts in accordance with the established procedure.

8. In case of the conclusion and agreement performance of delivery the free (contractual) prices, and also regulated state prices are applied if their application in settlings with consumers is provided by the corresponding regulations of the Russian Federation and the Republic of Belarus.

In case of change of regulated price during the term of the agreement, the goods are paid for the price operating at the time of shipment (delivery).

3. Property responsibility

1. The companies and the organizations of contracting states, irrespective of patterns of ownership and nature of activities, the violated delivery conditions of goods according to the signed agreements (contracts) and procedure of payments, bear the property responsibility provided by these Conditions and also pay the damages caused to other party.

Other measures of property responsibility of the parties for breach of agreement (contract) can be provided in the agreement (contract).

2. For unreasonable refusal of the conclusion of the agreement to deliver goods according to the established quotas and acts determining amounts, the supplier pays to the buyer penalty in the amount of the cost of goods on which delivery the agreement shall be signed.

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