ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of August 12, 1997 No. 370

About approval of the Standard regulations on deliveries of goods and industrial goods and the Instruction about procedure for product acceptance and goods by quantity and quality

The government of the Republic of Tajikistan decides:

Approve the enclosed Standard regulations on deliveries of goods and industrial goods and the Instruction on procedure for product acceptance and goods by quantity and quality.

Approved by the Order of the Government of the Republic of Tajikistan of August 12, 1997 No. 370

Standard regulations on deliveries of goods and industrial goods

I. General provisions

1. This Provision governs the relations on deliveries of goods and products, except agricultural products, implemented under agreements of contracting, within the republic, proceeding from requirements of the Laws of the Republic of Tajikistan: "About the companies", "About property", "About business activity in the Republic of Tajikistan", "About commodity exchange and exchange trade", "About joint-stock companies", "About restriction of monopolistic activities and development of the competition", the Civil code of the Republic of Tajikistan and other regulations of the Republic of Tajikistan.

The companies and the individuals registered as entrepreneurs can deal with issues of delivery.

2. Delivery of goods and products is made under agreements. The agreement is the main document determining the rights and obligations of the Parties by delivery of goods and products.

3. The terms of the contract violating the right of the consumer and supplier are recognized invalid.

4. The supplier (manufacturer) and the receiver (buyer) has the right to be guided among themselves in coordination by action of this Standard provision about what the clause in the agreement shall be made.

Purchase of goods and products is made for the state needs of the Republic of Tajikistan according to the procedure, established by the legislation of the Republic of Tajikistan.

By deliveries in the republic of the goods and products made by the joint businesses created in the territory of Tajikistan with participation of foreign partners the this provision regulations are applied if other is not stipulated by the legislation about procedure for activities of these companies, the Law of the Republic of Tajikistan "About foreign economic activity", interstate and intergovernmental agreements of the Republic of Tajikistan.

Delivery of goods and products to the military organizations is made based on this provision taking into account the special delivery conditions of products approved by the Government of the Republic of Tajikistan for the military organizations.

Purchase of goods and products in the state reserve is made according to the procedure, established by the Government of the Republic of Tajikistan.

Contractual relations of the companies with the external economic organizations during the exporting and commodity import and products are regulated by the Law of the Republic of Tajikistan "About foreign economic activity", and on the questions which are not provided by it the relevant standards of this provision are applied.

II. Procedure for the conclusion, change and agreement cancelation

5. The party which received the draft agreement within 10 days considers and signs it and 1 copy of the agreement returns to other party.

If in case of receipt of the agreement the party under the terms of the agreement has objections, then it shall no later than 10 days after receipt of the project constitute the protocol of disagreements and send it in 2 copies to other party together with the signed agreement, having stipulated availability of disagreements in the agreement.

The party which received the protocol of disagreements shall no later than 20 days from the date of obtaining consider it and report about the accepted offers, but to refer not settled matters in the same time in Economic court.

If the party which received the protocol of disagreements does not refer in 20-day time the remained matters of argument in the relevant economic court, then offers of other party are considered as accepted.

Disputes under the terms of the agreement of the party have the right to transfer to permission to economic courts of the Republic according to the Economic Procedure Code of the Republic of Tajikistan.

In case of agreement cancelation the party shall warn about it the party not later than 1 month prior to delivery.

6. Agreements of deliveries can be signed for any term: month, quarter, year and more.

Agreements of deliveries or their separate conditions contradicting the legislation of the republic are invalid.

7. The agreement can be changed or terminated by agreement of the parties or according to the decision of economic court of other body for the dispute resolution between agreement parties. The parties have the right to prolong Validity for new term the Conclusion, change, termination and prolongation of the duration of the agreement is drawn up by the agreement signed by the parties or by exchange of letters, telegrams, radiogramms and other means of communication.

The party which received the offer on change either on agreement cancelation, or on prolongation of the duration of the agreement shall give the answer to other party no later than 20 days after receipt of the offer;

In case of not reaching an agreement the party which made the offer submits dispute to economic court.

8. The unilateral refusal from agreement performance (completely or, partially) is allowed:

a) by delivery of the goods and products which are not conforming on quality to standards, specifications, other documentation, samples (standards):

b) in case of the announcement bank or court of the buyer (consumer) insolvent;

c) in case of establishment of price for products by the supplier (manufacturer) without coordination with the buyer (consumer);

d) in other cases, stipulated by the legislation or the agreement. The buyer (consumer) has the right to refuse also (fully or partially) the goods provided by the agreement and products on condition of full recovery to it the supplier (manufacturer) of the losses (including the uncollected income) which arose with respect thereto.

III. Main terms of the contract of delivery, procedure for their coordination

9. In the delivery agreement are specified:

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