1. SUBJECT OF THE CONTRACT
1.1. The Seller is obligated to pass Buyer in property of the furniture and their elements (hereinafter – the Goods), the name, configuration, quantity, price and other conditions of which are specified in Annex № 1 to this Contract, and the Buyer is obligated to accept and pay for the Goods (together - the amount of the Contract) in the manner and under the conditions specified in this Contract.
1.2. The ownership of the Goods, as well as the risk of accidental destruction of the Goods, are transferred to the Buyer from the moment of actual receipt of the Goods by them, which is certified by the Parties signing the act of acceptance - transfer of the Goods (and / or invoice for the Goods).
1.3. The Buyer agrees that the Goods are manufactured by the manufacturer on his individual order, which entails cutting or chopping to a size specified by the Buyer of lumber, board materials (wood-fiber and wood-chip boards, plywood) and fabric products, and therefore, the Goods refers to such that are non-exchangeable (returnable) in accordance with Article. 9 of the Law of Ukraine "On Protection of Consumer Rights".
2. TOTAL CONTRACT AMOUNT, GOODS VALUE, TRANSFER CONDITIONS AND CALCULATION PROCEDURE
2.1. The total amount of the Contract is specified in the Order and includes the cost of the Goods and their packaging.
2.2. The payment of the advance payment on the day of ordering the Goods under this Contract shall be made by the Buyer in the national currency (hryvnia) by making a subscription, in the order and amount agreed between the parties to the contractual obligations, and shall be fixed in the Order.
2.3. The Seller is obliged to deliver the Goods to its warehouse in Cherkasy within the period specified in the Order, which shall immediately notify the Buyer by telephone (facsimile) communication and, if necessary, by telegraph or by registered mail.
2.4. The final payment of the Contract amount (taking into account the received advance payment) shall be made and / or paid by the Buyer on the day of actual receipt of the Goods, but not later than 3 (three) working days from the date of receipt of the delivery notification of the Goods to the Seller's warehouse.
2.5. The Buyer has the right to agree with the Seller on the entry and assembly of the Goods for a separate fee, which is not included in the cost of the Goods.
2.5.1. The Buyer, after 100% payment of the value of the Goods, has the right, at his own request, to receive the Goods from the Seller's warehouse and to export and collect them independently.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The seller must:
3.1.1. Make an Order from the Manufacturer of the Product and deliver it to the warehouse, after which notify the Buyer about the availability of the Product, according to clause 2.3 of the Contract.
3.1.2. To transfer the Goods to the Buyer in quantity and quality, which meet the requirements of the Contract, at the place specified by the Buyer in the Order and / or at the request of the Buyer, in the disassembled form, in the packaging of the manufacturer, subject to the Buyer agreement with the time and place of delivery, assembly - installation and full payment of the proper amount by the Buyer.
3.1.3 In case where the Buyer identifies defects upon acceptance of the Goods in quality or completeness, which have arisen due to the fault of the Seller, to eliminate them within 14 calendar days (or in another period / term agreed between the Parties) from the moment of signing the Defective Act on identified defects (hereinafter referred to as the Act). The Act is drawn up with the participation of an authorized representative of the Seller and the Buyer, and if necessary the representative of the manufacturer of the Goods. The signing of the Act unilaterally is not allowed.
3.2. The seller has the right to:
3.2.1. Extend the delivery time of the Goods without charge and payment of penalties after agreeing with the Buyer changes to the terms of performance of the Contract, as well as in the cases stipulated by the requirements of clause 6.1 of the Contract.
3.2.2. To demand from the Buyer 100% payment for the Goods (taking into account the amount of received advance payment) and ensuring its acceptance - transfer in accordance with the terms of the Contract.
3.3. The buyer is obliged to:
3.3.1. Under the terms and procedure stipulated by the Contract, make a prepayment in accordance with Clause 2.2 of the Contract and Supplement in accordance with Clause 2.4 of the Contract.
3.3.2. After receiving a notification from the Seller about the receipt of the Goods for its warehouse, to agree with the Seller the time of delivery and, if necessary (at the request of the buyer) to carry it to the premises, assembly and installation of the Goods, but for a fee.
3.3.3. Inspect the Goods at the time of their receipt and acceptance under the Act of acceptance - transfer (invoice for the Goods). In case of finding of non-conformity of the Goods with the terms of this Contract, the Parties shall draw up the Defective Act.
3.3.4. During the signing of this Contract and execution the Order, carefully read its terms and Rules of operation of the Goods under the personal signature of the Buyer.
3.3.5. Ensure the free passage of the Seller's employees to the place of skidding of the Goods and free up space for its assembly - installation from foreign objects.
3.3.6. In case of claiming defects of the purchased Goods - to provide free access to the Goods by the representatives of the Seller and / or the manufacturer of the Goods for inspection of defects and drawing up of the Defective Act, as well as to take part (personally and / or authorized representative) in the preparation of this Act.
3.4. The buyer has the right to:
3.4.1. To receive clarifications and consultations from the Seller on issues related to the conditions for the implementation of this Contract.
3.4.2. Claims about defects of the Goods, related to its quality and completeness, at the time of signing by the Parties of the act of acceptance - transfer of the Goods (invoice for the Goods) and to demand the elimination of the identified defects within 14 calendar days or otherwise agreed between the parties to the contractual obligations' term, starting from the date of drawing up the Act.
3.4.3. Take the Goods out of the Seller’s warehouse on their own and / or with the participation of third parties to collect - assemble the Goods in the place and / or premises specified by the Buyer (with a note on this in the Act of acceptance - transfer of the Goods (invoice for the Goods)).
4. QUALITY OF THE GOODS, COMPLETENESS, WARRANTY PERIOD
4.1. The quality, assortment and completeness of the Goods in accordance with the Contract shall correspond to the models presented at the trading floor (salon) or catalogs, according to which the order was formed and in strict accordance with the state norms and standards in force in Ukraine.
4.2. The warranty period for household furniture for sitting and lying of domestic production is established according to TOST 19917-93, and is 18 (eighteen) months, and for children's furniture and furniture of public places - 12 (twelve) months, from the date of signing by the Buyer the Act of acceptance - transfer of the Goods (consignment note).
4.3. Claims on the quality of the Goods which are due to hidden defects of a productive character and could not be detected during its inspection at the time of receipt, are eliminated at the expense of the Seller during the entire warranty period. The elimination of the identified deficiencies, provided that the Buyer is not guilty of their occurrence, is carried out at the expense of the Seller within 14 calendar days or at another time by agreement of the Parties, calculated from the moment the Parties draw up the defective act. Seller reserves the right to carry out an examination to identify the causes of defects. In the event that it is discovered that the defects have arisen through the fault of the Buyer, the latter is obliged to reimburse the Seller for additional costs incurred in connection with the examination.
4.4 In case the Buyer does not comply with the Rules for the operation of the Goods, he loses the right to free warranty service.
5. RESPONSIBILITIES OF THE PARTIES AND DISPUTE RESOLUTION
5.1. In case the Seller violates the delivery or transfer of the Goods for more than 30 (+5) calendar days, the Seller pays the Buyer a penalty in the amount of 0.1% of the advance payment for each calendar day of delay, but not more than 5% of the cost of the Goods.
5.1.1. No penalty shall be charged if the Buyer has been duly warned of the possibility of such delay and has agreed to the expectation of the Goods. After all proper calculations have been made, the Contract is considered terminated. The absence of actions on the part of the Buyer aimed at the termination of the Contract indicates an agreement on the expectations of the Goods.
5.2. The Seller is not responsible for the inconsistencies of the dimensions (sizes) of the Goods, which are personally recognized by the Buyer in the Order, and after the production of the Goods, there are differences in the size of residential (office) premises and passageways in residential (office) premises. In order to avoid such situations, the Buyer is advised to consult the Seller and, in particularly difficult cases - to perform the necessary measurements with the participation of the representative of the Goods manufacturer and / or the Seller for a fee.
5.3. In case of violation by the Buyer the terms of making an additional payment in accordance with clause 2.4. of this Contract for a period of more than 3 banking days, the Buyer pays the Seller a fine of 0.1% of the total cost of the Goods for each calendar day of delay.
5.4. In case of delay due to the Buyer's fault of transfer of the Goods for a period of more than 3 (three) working days from the moment of his notification about the delivery of the Goods to the warehouse, the Buyer is obliged to pay the Seller the storage services for the Goods in the warehouse in the amount of 0.3% of the price of the Goods for each calendar day of storage or arrange for free storage after full payment of the Goods.
5.5. If the Buyer refuses to accept the Goods in full or in part, or delays due to his fault the delivery and assembly of the Goods in accordance with the terms of the Contract, the export and acceptance of the Goods is determined in the Order for a period (term) of more than 30 calendar days, the Seller has the right to sell Goods independently. The funds received from the sale of the Goods are returned to the Buyer after the sale of the Goods, with the exception of a fine (including additional costs incurred by the Seller in the sale of goods), but not more than 30% of the value of the Goods. After settlements with the Buyer, taking into account all penalties and other additional payments (expenses) made by the Seller, the Contract is considered terminated.
5.6. The Buyer does not have the right to refuse the ordered Goods, since the Goods that are the subject of this Contract are made by the individual order of the Buyer. This requirement is provided by the Annex № 3 of the Resolution of the Cabinet of Ministers of Ukraine. On the implementation of certain provisions of the Law of Ukraine "On Consumer Protection" of March 19, 1994 № 172 (with changes made in accordance with CMU Resolution N1173 of 07.12.2005), approved the list of goods of good quality, not subject to exchange (return). This list includes fabrics, lumber, moldings (plinth, trim), board materials (fibreboard and chipboard, plywood) and glass, cut or fit to the size specified by the buyer (customer).
5.7. If it is not possible to fulfill the obligations assumed for the delivery of the Goods to the warehouse (in time according to clause 2.3 of the Contract and the Order) in full or in part, the Seller shall notify the Buyer within 10 (ten) working days following the day of signing by the Parties. In this case, the penalties shall not be charged or paid by the Parties. The parties agree on another deadline for fulfillment of obligations, or terminate the Contract and the Seller returns the full amount of the subscription carried out by the Buyer.
5.8. The payment of penalties does not exempt the Parties from fulfilling their obligations under this Contract.
5.9. By signing this Contractt, the Buyer confirms that: “Information about the Goods in accordance with part one of Article 15 of the Law of Ukraine “On Consumer Protection” has been provided to me by the Seller in full. A copy of this Contract, its annex (Specification), warranty service conditions, and supporting documentation for the Goods were received by me. I have read and fully agree with the assortment, sizes, technical specifications, features of warranty service, technical conditions and delivery features of the Goods, including those related to its value”.
6.1. The parties are released from their responsibility for partial and / or complete nonfulfillment of their obligations under the present Contract due to force-majeure circumstances that arose after the conclusion of this Contract as a result of emergency events, namely: fires, floods, accidents in transport, military actions, strikes and the like. The existence of force-majeure circumstances must be confirmed by the certificate of the Ukrainian Chamber of Commerce and Industry and / or other competent authority.
7. SETTLEMENT OF DISPUTE ISSUES
7.1. All disputes related to this Contract, its conclusion, or those, which may arise out of the present Contract, shall be resolved by negotiation between the Parties. If the dispute cannot be resolved by negotiation, it shall be settled by the court in accordance with the established jurisdiction of such dispute in the manner determined by the current legislation of Ukraine.
8. FINAL PROVISIONS
8.1. The Buyer certifies that according to the Law of Ukraine "On Consumer Protection" (dated May 12, 1991, Ш023-ХІІ), before concluding the Contract, he received from the Seller all necessary and reliable information regarding the Goods.
8.2. All legal relations that arise in connection with the fulfillment of the terms of this Contract and are not regulated by it are governed by the norms of the current legislation of Ukraine.
8.3. The Contract comes into full force from the date of signing and is valid until the Parties fully fulfill their obligations and all settlements are carried out.
8.4. Any changes, amendments or supplements to the terms and conditions of this Contract shall be valid only if set forth in a written document duly signed by authorized representatives of both Parties to the present Contract.
8.5. This Contract is drawn-up in two identical and equally valid copies, one for each of the Parties.
8.6. The Seller is the payer of the simplified tax system of the second group.