AGREEMENT # 3000/202
for provision of services in receipt and handling of mailings
Moscow April 19, 2000
[Oxiris] Closed Joint Stock Company, hereinafter referred to as the [Customer],
in the person of Managing Director Xx. Xxxxxx V.A., acting under the Articles of
Association, on the one part and the [Moscow Post Office], the Federal State
Unitary Communications Enterprise of the Federal Mail Communication
Administration of the City of Moscow, hereinafter referred to as the [Executor],
in the person of its Head Xx. Xxxxxxx V.B., acting under the Articles of
Association, on the other part, have concluded this Agreement for the following:
1. Subject of Agreement
The Executor provides to Customer the services in receipt, handling (insured
printed matters and parcels) hereinafter referred to as the [Mailings] and their
successive shipment to a destination and the Customer pays for the provided
services.
2. Responsibilities of Parties
2.1 The Customer responsibilities include the following:
2.1.1 Packing and registration of Mailings in accordance with the
Rules for Mail Services Provision, instructions and guidelines
of the Ministry of Communications of the Russian Federation.
2.1.2 Use of containers approved in the industry for packing of
Mailings.
2.1.3 To verify the information with the Executor each month not later
than on 5th day on Mailings number delivered in the past month.
2.1.4 To provide possibility to the Executor to control mailing
enclosures.
2.1.5 Timely and to full extent effect settlements with the Executor
for the provided services.
2.2 The Executor responsibilities include the following:
2.2.1 Timely notification of all changes in the Rules for Mail
Services Provision; instructions and guidelines of the Ministry
of Communications of the Russian Federation; [Tariffs on Mail
Services] price list; [Tables for Weight Duties Calculation for
Handling and Transportation of Parcels], etc.
2.2.2 On requirement of the Customer to conduct search of misdelivered
Mailings in accordance with the established procedure and notify
the Customer about results of this search.
2.2.3 To enter the amount of advance payment into franking machine
counters after passing of funds to the Executor's account and to
conduct reading of franking machine counters each ten days.
3. Parties' Settlements
3.1 The Customer shall remit the advance payment in the amount of average
monthly value of works to the settlement account of the Executor not
later than three banking days from the billing date.
3.2 The final settlement for the provided services shall be made on the basis
of Certificate on Provided Services, signed by the parties, and the
invoice, not later than on 10th day of the month following the reporting
month with respect to received advance payment.
3.3 The payment for the mail services provided to the Customer shall be made
in accordance with the tariffs effective on the moment of such services
provision:
o for handling and resending of printed matters with declared value
according to [Tariffs on Mail Services] price list;
o for handling and resending of parcels on the basis of the Order #283 of
September 16, 1998 of [Moscow Post Office], the Federal State Unitary
Communications Enterprise of the Federal Mail Communication
Administration of the City of Moscow;
o VAT shall be levied above the established tariffs.
4. Liability of Parties
4.1 For violation of the terms of payment for provided services the Customer
shall pay the Executor the fine in size of 0.1% of the amount that is due
for remittance for each day of payment delay. The payment of fine shall
not waive the Customer's obligation to pay the principal amount.
4.2 The Executor shall be liable for loss or damage to enclosures of
registered Mailings in compliance with and to the extent stipulated by
the active Rules for Mail Services Provision.
5. Disputes Settlement
5.1 Disputes which may arise in the process of execution of this Agreement
shall be settled by way of negotiations between the parties.
5.2 In event of inability to settle disputes by way of negotiations, they
shall be transferred for settlement to the Arbitration Court of the City
of Moscow in compliance with the active legislation.
6. Force Majeure
6.1 The parties shall be released from responsibility for partial or complete
nonfulfilment of their liabilities under this Agreement, if this
nonfulfilment became consequence of force majeure circumstances, namely:
fire, embargo, epidemic, military actions, restricting act of state
authority, strike or other circumstances beyond the reasonable control of
parties the term of performance of responsibilities shall be
proportionately extended for the time of duration of these circumstances.
If the foregoing circumstances will continue for over 6 (six) months,
then each of the parties shall have the right to refuse performance of
its obligations under this Agreement in view of their inability to
perform such obligations and this party shall promptly notify the other
about commencement and cessation of the circumstances hindering
fulfillment of responsibilities.
6.2 The party delaying performance of its responsibilities shall not have the
right to refer to force majeure circumstances that commenced during such
delay.
7. Addendums, Amendments and Changes
All the addendums, amendments and changes to this Agreement are its integral
parts, if they are made in writing and signed by persons authorized by the
parties.
8. Confidentiality
The parties shall take all the necessary measures to prevent disclosure of
information connected with this Agreement. Disclosure or other spreading of the
foregoing information and also its transfer to any third person shall be done in
each certain case on mutual consent of the parties.
9. Agreement Term
9.1 This Agreement shall be effective from the moment of its signing and
shall remain in full force and effect until April 19, 2001.
9.2 This Agreement may be unilaterally terminated by each of the parties on
condition of not less than one months' prior written notice.
9.3 This Agreement shall be renewed for successive calendar year, unless
either of the parties elects not to renew it by giving not less than one
months' prior written notice to the other.
9.4 This Agreement is made in two copies in Russian language with equal legal
power, each copy is kept by each party.
10. Parties' Addresses and Banking Information
Customer Executor
TIN: 7706200205 [Moscow Post Office]
BIK: 044585726 the Federal State Unitary Communications Enterprise of
Settlement account: 40702810700030000049 the Federal Mail Communication Administration of the
Correspondent account: 30101810000000000726 City of Moscow
at[EuroWestSibBank]Joint Stock 00 Xxxxxxxxxxxx Xx., Xxxxxx XXX Xxxx 000000
Commercial Bank TIN: 7701029593
OKPO 51260913 BIK: 044525219
OKONKh 71100 Settlement account: 4050281050017000000005
at MMB--Bank of Moscow Joint Stock Commercial Bank
Novoarbatskoye branch
Correspondent account: 30101810500000000219
OKPO 01166004
OKONKh 52100
(Signature) /s/V.A. Dolgov (Signature) /s/V.B. Makarov
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