Download the contract form for the export of solid waste. Contract for the provision of services for the collection, removal and disposal of household waste and garbage. What to prefer: written or verbal agreements
PUBLIC OFFER
In accordance with the Decree of the Government of the Moscow Region dated May 23, 2018 No. 327/18 "On Amendments to the Decree of the Government of the Moscow Region dated July 24, 2015 No. 605/26 "On Approval of the Waste Accumulation Standards and the Model Agreement for Waste Disposal in the Moscow Region", until 01.07.2018, operators for the treatment of solid municipal waste, carrying out activities for the transportation of solid municipal waste (garbage disposal organizations) in the Moscow region, are obliged to bring the existing contracts for garbage collection in accordance with the specified resolution.
Eco-Trans Limited Liability Company hereby notifies the population of the Domodedovo city district of the renewal of previously concluded agreements for garbage collection from 07/01/2018 with the population on the conditions below.
STANDARD AGREEMENT
for garbage disposal
Eco-Trans Limited Liability Company, represented by the General Director Zhdanov Viktor Anatolyevich, acting on the basis of the charter, hereinafter referred to as the "Waste Disposal Organization", on the one hand, and
____________________________________________________________________________________________,
(insert full name)
hereinafter referred to as the "Customer", on the other hand, when jointly referred to as the "Parties", in accordance withlawMoscow Region No. 191/2014-OZ "On the Improvement of the Moscow Region" have concluded this Agreement as follows:
1. The Subject of the Agreement
1.1. The garbage disposal organization undertakes to provide, on the instructions of the Customer, services for the removal and disposal of garbage, including large-sized, generated as a result of the Customer's activities, and (or) from the Customer's facilities specified in Appendix No. 1 to this Agreement, and the Customer undertakes to pay for the services rendered in the manner prescribed by this Agreement.
1.2. For the purposes of this Agreement, the following concepts apply:
Garbage - household waste of consumption and economic activities that have lost their consumer properties.
Garbage removal - unloading garbage from containers, loading storage bins into specialized vehicles, cleaning container sites and entrances to them from spilled garbage and transporting it from garbage collection sites to the organization's facility that carries out activities for the placement, processing and disposal of waste in accordance with the law Russian Federation (waste transfer stations, waste incineration plants, landfills, etc.).
Utilization (neutralization) of garbage - processing of garbage by various technological methods at specialized installations in order to prevent harmful effects on human health and the environment.
Bulky waste - production and consumption waste, which (according to their size and nature) is loaded into storage bins (a capacity of more than 2 cubic meters).
1.3. The removal of bulky waste is carried out within the framework of this Agreement.
2. Rights and Obligations of the parties
2.1. The customer undertakes:
2.1.1. Ensure the accumulation and storage of garbage until removal by the Garbage Disposal Organization in containers at specially equipped container sites.
2.1.2. Do not allow the storage of construction, bulky, explosive waste, waste from animals and birds in containers, as well as the storage of garbage around containers.
2.1.3. Keep containers and storage bins in a technically sound condition, ensure that containers are labeled with the details of the owner (contractor) and that information is available on the garbage collection schedule.
2.1.4. Pay for the services provided under this Agreement in accordance with the procedure and terms specified in section 3 of this Agreement.
2.2. The customer has the right:
2.2.1. Monitor the condition of container sites, the availability of convenient access to them in compliance with the rules of waste storage and the preparation of relevant documents.
2.2.2. To control at any time, without interfering in the course of work of the Garbage Disposal Organization, the activity of transporting garbage.
2.3. The garbage disposal company undertakes:
2.3.1. To carry out the removal of garbage, including large-sized, as well as its transportation from the places of garbage collection to the object of the organization, carrying out activities for the disposal (neutralization) of garbage in accordance with the average annual norms for the accumulation of garbage approved by the Government of the Moscow Region, as well as to dispose of garbage.
Addressesobjects of the Customer, from which garbage is removed, are given in Appendix No. 1 to this Agreement.
Addressesobjects of processing, recycling, neutralization, disposal of garbage, on which the Garbage Disposal Organization unloads garbage, are given in Appendix No. 3 to this Agreement.
The provision of services for the removal of garbage within the framework of this Agreement is carried out on the territory of the Moscow Region.
2.3.2. Carry out the removal of garbage, including bulky, within the time limits specified in garbage collection schedule approved by the Parties (Appendix No. 2).
2.3.3. Be guided in the implementation of their activities by the order of the Ministry of Ecology of the Moscow Region
dated December 27, 2017 N 872-RM "On approval of the Regulations on the organization of activities for the transportation, processing, disposal, disposal and disposal of municipal solid waste in the Moscow region."
2.3.4. Connect to the Regional Navigation and Information System of the Moscow Region.
2.4. The garbage disposal organization has the right to:
2.4.1. Involve third parties in the provision of services provided for by this Agreement.
2.5. The parties, when carrying out their activities, are obliged to be guided by the requirements of the legislation of the Russian Federation and the legislation of the Moscow Region.
3. Settlements under the Agreement
3.1. The billing period for payments for services provided under this Agreement is one calendar month.
3.2. The customer pays for the services within 5 calendar days from the moment the garbage collection organization issues an invoice and an act of services rendered, or a universal transfer document based on an invoice, or a receipt by transferring funds to the settlement account of the garbage collection organization.
3.3. The cost of services under this Agreement is calculated as the sum of the cost of removal and services for the disposal (neutralization) of garbage, including bulky.
3.4. The cost of services for the disposal (neutralization) of garbage, including bulky, is calculated on the basis of tariffs.
3.5. The cost of garbage collection services is calculated according to the following formula:
C \u003d (K x N1 x P) + (K x N2 x P),
Where:
K - quantitative indicator in accordance with the unit of measurement according to the type of waste generator;
N1 - the rate of accumulation of household waste according to the type of waste generator;
N2 - accumulation rate of bulky waste according to the type of waste generator;
P - cost of 1 cu. m.
The cost of services is indicated without VAT. Services are subject to taxes in accordance with applicable law.
3.6. Acceptance of the services rendered is carried out on the basis of an act of services rendered (hereinafter referred to as the Act), drawn up taking into account the reporting data received from the Regional Navigation and Information System of the Moscow Region, signed by both parties. By the 10th day of each month, the garbage disposal organization sends the Customer an Act of services rendered and an invoice, or a universal transfer document based on an invoice, or a receipt. The Customer, within 5 working days from the date of receipt of these documents, is obliged to accept the services rendered or send a reasoned refusal to accept the services, in case the Garbage Disposal Organization does not receive a properly executed Certificate or a reasoned refusal to accept the services, the services are considered rendered in full and of proper quality.
3.7. The obligations of the Customer to pay for the services rendered to him are considered fulfilled from the moment the funds are received to the settlement account of the Garbage Disposal Organization in full in accordance with the terms of the Agreement.
4. Responsibility of the Parties
4.1. For non-fulfillment or improper fulfillment of the terms of the Agreement, the Parties shall be liable in accordance with the legislation of the Russian Federation.
4.2. For the delay in fulfilling an obligation, the party that has not fulfilled the obligation shall pay a fine to the other party in the amount determined in the manner established by the legislation of the Russian Federation.
4.3. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if their fulfillment is hindered by emergency or force majeure circumstances.
5. Duration of the Agreement
5.1. This Agreement comes into force from the moment of its signing by the Parties and is valid for one year, and in terms of settlements - until the moment of full fulfillment of all obligations.
5.2. This Agreement is considered prolonged for each subsequent calendar year, if 1 (one) month before its expiration, neither Party notifies the other of its intention to terminate this Agreement or conclude a new Agreement on other terms.
5.3. The Agreement is amended by agreement of the Parties by drawing up an additional agreement signed by the Parties.
6. Procedure for resolving disputes
6.1. All disputes under this Agreement shall be resolved in compliance with the claims procedure for settling disputes.
6.2. Disputes not settled by the Parties in the complaint procedure shall be resolved in the Arbitration Court of the Moscow Region.
7. Other terms
7.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by the Parties.
7.2. In everything that is not provided for by this Agreement, the Parties are guided by the legislation of the Russian Federation.
7.3. This Agreement is made in two copies, having equal legal force, one for each of the Parties.
8. Addresses and details of the Parties
Appendix No. 1
to a standard contract
for garbage disposal
Addresses of the Customer's objects
Available _______________________ (container/bunker);
- _________________________________________________________________________
Available ______________________ (container/bunker)
(volume, cubic m / weight, t) _________________________________________________.
Appendix No. 2
to a standard contract
for garbage disposal
GARBAGE SCHEDULE
Appendix No. 3
to a standard contract
for garbage disposal
Addresses of objects of processing, disposal, neutralization,
waste disposal (garbage)
- ________________________________________________________________________.
In the amount of ______________________________ (volume, cubic meters / weight, tons);
- ________________________________________________________________________.
In the amount of ______________________________ (volume, cubic meters / weight, tons).".
Note.
1. Waste accumulation rates N1 and N2 in clause 3.5 of the model agreement are adopted in accordance with Appendix No. 1 to Decree of the Government of the Moscow Region dated July 24, 2015 No. 605/26 "On Approval of Waste Accumulation Rates and a Model Agreement for Waste Disposal in the Moscow Region ", namely:
|
No. p / p |
Type of educator garbage |
Unit measurements year |
Average annual accumulation rate |
Average annual rate accumulation |
||
|
Household garbage ( cube m) |
Estimated density(kg / m3) |
krupnogaba- rubbish (cubic meters) |
Estimated density(kg / m3) |
|||
|
1.1 |
Apartment buildings and households used for permanent residence |
per 1 sq. m |
0,087 |
175,76 |
0,027 |
201,12 |
|
1.2. |
home ownership, used for temporary (seasonal) residence |
for 1 household |
2,01 |
195,24 |
0,54 |
191,17 |
2. According to the note to this appendix, the norms for the accumulation of garbage DO NOT INCLUDE includes garbage generated during planned and regular cleaning of territories (garbage generated during the care of green spaces, foliage and street estimates).
Garbage generated during the maintenance of green spaces or wood and plant waste - logging residues from felling and trimming trees and shrubs, plant residues - cut grass, tops, etc.
3. Eco-Trans LLC draws the attention of the population to the fact that municipal solid waste not applicable CONSTRUCTION GARBAGE.
THEREFORE, THE WASTE SPECIFIED IN POINTS 2 AND 3 ARE SUBJECT TO SEPARATE COLLECTION AND EXPORT!
FOR CONCLUSION OF CONTRACTS, THE DATABASE ON HOUSEHOLDS FROM THE STATE AUTOMATED INFORMATION SYSTEM "MANAGEMENT" (GASU) WILL BE USED
A garbage disposal agreement has to be signed by almost every entrepreneur or legal entity whose office is located within the city. The need to clean up the territory from waste is enshrined at the legislative level, namely, in the law “On Production and Consumption Waste”. The owner of the enterprise can conclude an agreement on garbage collection only with a specialized organization that has the necessary package of documents. Before signing an agreement with a company engaged in the sorting, removal and disposal of waste, you should check whether it has licenses to carry out this activity.
We draw up a contract for garbage collection: features of the document
There are many companies in the waste management industry, both large and small. Having chosen a company that offers the best tariff, you should conclude an agreement with him for regular garbage collection. This document is drawn up in a simple written form and signed in two copies. The object of the agreement in this case is the garbage itself, which is subject to cleaning and destruction. It can be agricultural, construction, household, medical, industrial - a complete list of varieties is presented in the federal waste classification catalog.
How to conclude a contract for garbage collection
The text of the agreement should include:
- the subject of the agreement (what kind of waste the contractor undertakes to remove and dispose of, what territory he will have to serve);
- conditions for the provision of services (with or without the involvement of vehicles, whether the participation of third parties is allowed);
- frequency of export of containers;
- duration of the agreement;
- cost of services and method of payment;
- the order of delivery and acceptance of works;
- responsibility of the parties for the fulfillment of the conditions and grounds for unilateral termination of the agreement;
- priority of pre-trial settlement of conflicts.
If you are planning to conclude a contract for garbage collection, first of all determine the type of waste produced by the enterprise. This is necessary in order to choose a suitable contractor and comply with the norms of the current legislation. Depending on the degree of environmental pollution, waste is divided into 5 categories - from the first (toxic substances hazardous to human health) to the fifth (low-hazardous substances). It should be noted that it is also possible to conclude a garbage collection agreement with an individual, but only if the waste to be cleaned belongs to the non-hazardous fifth class (for example, food waste from canteens and restaurants, garbage after cleaning educational and sports facilities ).
Accompanying documents
In order for a waste collection contract to be legally concluded, a waste passport must be attached to it. This document must contain the following information:
- the class of waste materials established in the course of a laboratory study;
- calculation of the degree of harmfulness;
- data on the organization that produces waste materials;
- location of waste materials.
When drawing up this annex to the sample agreement for garbage collection, one should be guided by the norms described in the Federal Law "On Production and Consumption Waste".
Additional conditions for concluding a contract for garbage collection
So that in the process of cooperation between the customer organization and the contractor there are no disagreements and disputes, the agreement should describe in as much detail as possible the rights and obligations of each party. The garbage collection agreement, a sample of which is presented on this page, contains information on the time frame after the request that the disposal company must remove waste from the service area. The document should also clarify the priority form of the application - fax, registered letter, message by mail, phone call.
Before concluding a garbage disposal agreement, enter in the document the amount of the penalty that the contractor will have to fulfill if he misses the deadlines or does not complete the work in full. The frequency of waste disposal must be specified in a separate application - the removal schedule.
On this page you can download a sample contract for garbage collection, as well as accompanying documents.
Before starting work, we draw up and sign an agreement with you for each type of service (contract for household and industrial waste, as well as for the removal and removal of snow, etc.). The document contains a list of works that we undertake to perform, a clearly established schedule for the removal of waste and the full cost of services.
Sample contract:
AGREEMENT No. ____-18
for the provision of waste disposal services
Moscow "____"__________2018
Hereinafter referred to as the "Contractor", represented by ______________________________________, acting on the basis of ____________________ on the one hand, and ______________________________________________________________, hereinafter referred to as the "Customer" represented by _________________________________________________________, acting on the basis of ___________________, on the other hand, hereinafter referred to as the "Parties", have concluded this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor assumes obligations to organize the collection and disposal of waste related to non-hazardous and IV hazard class, including MSW, KGM, construction waste, soil, snow, industrial waste permitted for disposal at landfills and special enterprises for processing, having the appropriate permits and licenses, from the territory of the Customer at the address: ____________________________.
1.2. The scope, nature of work and other necessary information is determined in the application by the Customer.
1.3. Applications are accepted by the Contractor by means of communication (telephone, fax, e-mail), or according to the schedule of services approved by the Parties.
1.4. To provide services under the Contract, the Contractor has the right to engage third parties, while remaining responsible to the Customer. The Contractor determines the technology for the provision of services independently.
1.5. The export of specific waste (rolled roofing materials, tires, tree roots, etc.) is determined by a separate annex to the Agreement.
2. OBLIGATIONS OF THE PARTIES
2.1. The contractor is obliged:
2.1.1. provide services with the involvement of technically sound vehicles and maintenance personnel in accordance with the applications accepted for execution;
2.1.2. independently carry out the performance of work in accordance with the safety regulations and provide the Customer, if necessary, with unhindered access to check the quality of the services;
2.1.3. timely inform the Customer about the possible failure to provide services at the scheduled time due to circumstances beyond the control of the Contractor (traffic accidents, traffic jams, accidents at landfills, etc.).
2.2. The customer is obliged:
2.2.1. To not allow:
— mechanical damage to the Contractor's container during loading operations;
Transshipment of the Contractor's container in excess of the tonnage specified in the protocol for agreeing on the cost of services;
Do not allow freezing or pressing of waste in containers, as well as loading liquid, concrete or adhesive masses, and if it is impossible to unload waste from the container due to the fault of the Customer, additional costs for unloading are paid by the Customer;
Fires of garbage in a container on the territory of the Customer;
During the term of this agreement, do not use it independently (including for loading by cranes, moving without the consent of the Contractor) and not involve other persons in the use of storage bins belonging to the Contractor;
2.2.2. ensure free access to the container site;
2.2.3. provide lighting and cleaning of approaches to the site;
2.2.4. timely pay for the services of the Contractor, in accordance with the terms of this Agreement;
2.2.5. when collecting, removing and disposing of waste, the Parties are obliged to:
Comply with environmental, sanitary and other requirements in the field of waste management;
Take the necessary measures to protect the environment and human health;
2.2.6. do not load the container with waste that may pose an immediate or potential hazard to the environment and human health on its own or when it comes into contact with other substances;
2.2.7. in the event that the bunker is filled with Waste not specified in the received application or belonging to 1-3 hazard classes, the Customer is obliged to reimburse all additional costs of the Contractor for their transportation and placement at a landfill that has permission to place or use these types of waste, and if it is impossible to transport to recycling - to take waste back, reimbursing the cost of an idle run of vehicles;
2.2.8. make a note in the waybill (route) of the Contractor's driver confirming the removal of the container with waste. The absence of a mark in the waybill does not release the Customer from payment for the work actually performed by the Contractor.
3. COST OF SERVICES
3.1. The cost of services is determined upon the fact of the work performed on the basis of the Protocol for negotiating the contract price, drawn up in Appendix No. 1 to this Agreement;
3.2. Tariffs can be increased by the Contractor unilaterally in the event of an increase in prices for fuels and lubricants, waste disposal, the cost of which is 45% of the cost of services; as well as on inflation indicators, according to the calculations of the State Statistics Committee of the Russian Federation once a year (quarterly, half a year);
3.3. The Contractor is obliged to notify the Customer about the change in tariffs at least 15 banking days in advance orally or in writing, indicating the new rates;
3.4. In the event that the Customer has not reported disagreement with the change in tariffs before the provision of works (services), the Contractor continues to work, issuing invoices based on new prices;
3.5. In case of disagreement of the Customer with the new rates, the Parties agree on the possibility of further cooperation;
4. CONDITIONS AND PAYMENT PROCEDURE UNDER THE CONTRACT
4.1. The Customer pays the Contractor, on the basis of the invoice, an advance payment in the amount of 100% of the cost of services for the organization of garbage collection. The advance payment is counted towards payment for the services rendered.
4.2. Settlements are made by transferring funds to the current account specified in the details of the Contractor in the currency of the Russian Federation.
4.3. Upon completion of the work (services), the Contractor provides the Customer with an Act of completed work (services) in 2 copies and an invoice. The customer signs the acts of completed work within 5 days from the date of their receipt. One copy of the signed act is returned to the Contractor. The absence of a signed act by the Customer does not relieve the Customer from payment for the actually performed work by the Contractor.
4.4. The Contractor quarterly sends the Customer by mail or hands over to the Customer's representative an act of reconciliation of mutual settlements. The customer is obliged to sign it and send it to the Contractor. In case of disagreement on the act of reconciliation of mutual settlements, the Customer is obliged to submit reasoned objections to the Contractor. If the Contractor does not receive a signed act of reconciliation of mutual settlements or a reasoned (with evidence attached) objection within 30 days from the date of sending the reconciliation act to the Customer, this act of reconciliation of mutual settlements is considered agreed by the Customer in the version of the Contractor and legally confirms the actual state of settlements between the parties.
4.5. If work is not possible:
Due to the fault of the Customer (container overload, free access to the container parking place is not provided), the latter makes a payment in the amount of 50% of the cost of one flight for the idle run of vehicles;
4.6. Each day of container downtime at the facility, starting from the second day, is - 27m3 - 700 (seven hundred) rubles, including 18% VAT, 8m3 - 300 (three hundred) rubles, incl. VAT 18%.
4.7. The cost of garbage disposal services includes all costs for their disposal.
5. RESPONSIBILITIES OF THE PARTIES
5.1. In case of loss or damage to the container, the Customer eliminates the damage caused by its own efforts, or pays the Contractor the costs associated with eliminating the consequences of damage to the container or purchases a new container;
5.2. If it is impossible for the Customer to fulfill the terms of this Agreement due to the fault of the Contractor (absence of an account, change of details, etc.), payment for services is made in full after the Customer receives the relevant information from the Contractor (invoices, invoices, etc.);
5.3. The Parties shall not be liable for failure to fulfill the terms of the Agreement due to the occurrence of force majeure circumstances.
6. PROCEDURE FOR RESOLUTION OF DISPUTES
6.1. Any dispute arising from this Agreement shall be resolved through negotiations.
6.2. In case of non-fulfillment or improper fulfillment of obligations under the Agreement, the Party, which considers its rights violated, is obliged to send a written claim to the other Party indicating its requirements. The party that received such a claim is obliged to satisfy the claims stated in it within 5 (five) days, or send a reasoned written refusal.
6.3. If the dispute that has arisen is not resolved in the manner specified in clause 6.2 of the Agreement, it is subject to resolution in the Moscow Arbitration Court in accordance with the current legislation of the Russian Federation.
7. GROUNDS FOR EXEMPTION FROM LIABILITY
7.1. The Party that has not performed or improperly performed its obligations under the Agreement shall be released from liability if it proves that proper performance was impossible due to the occurrence of force majeure circumstances (force majeure).
7.2. The Parties consider as force majeure external emergency circumstances that did not exist during the signing of the Agreement, which arose against their will, the occurrence of which they could not prevent with the help of measures and means, the use of which in a particular situation is fair to demand from the party affected by force majeure.
7.3. Proper evidence of the existence of the above circumstances and their duration will be the documents of state bodies.
7.4. Force majeure circumstances do not include, in particular, breach of obligations on the part of counterparties of the Party or lack of necessary funds from the Party.
7.5. Upon termination of force majeure circumstances, the Party is obliged to immediately notify the other Party of their occurrence in writing. The notice shall indicate the period in which it is supposed to fulfill the obligations under this Agreement.
7.6. From the moment of occurrence of force majeure circumstances, the terms of obligations under the Agreement are proportionally postponed for the duration of such circumstances and their consequences.
7.7. If these circumstances continue for more than 2 (two) months, each Party has the right to terminate the Agreement. In this case, the Parties shall make settlements under this Agreement. Calculations are made as of the moment of occurrence of the circumstances specified in clause 7.1.
8. MESSAGES AND NOTIFICATIONS
8.1. The Parties are obliged to inform each other in writing within two days of a change in their location, legal address, bank details, as well as of all other changes that have occurred that are essential for the full and timely fulfillment of obligations under the Agreement.
8.2. The parties will send notices to each other at the agreed addresses, telephones and facsimile numbers, as well as via e-mail.
9. TERM OF THE CONTRACT
9.1. The Agreement comes into force from the moment of its signing by both Parties and is valid until December 31, 2017. The Agreement is automatically extended for each subsequent year, if none of the Parties declares 1 (one) calendar month before the expiration of the Agreement on its termination.
9.2. Each of the parties has the right to early termination of the Agreement unilaterally in case of non-performance or improper performance of the terms of the agreement.
10. PRIVACY
10.1. All terms of the Agreement, as well as financial and commercial information related to this Agreement, are confidential and are not subject to disclosure by the Parties.
10.2. The Parties will take all reasonable measures in their power to prevent the disclosure of such information to third parties.
10.3. Disclosure of financial and commercial information related to this Agreement may take place only in cases established by the legislation of the Russian Federation.
11. OTHER TERMS
11.1. The Agreement is personal for the Customer. The Customer cannot transfer its rights and obligations under the Agreement to third parties without the prior written consent of the Contractor.
11.2. Amendments and additions to the Agreement may be made only with the consent of both Parties. Such changes and additions will be valid only if they are executed in the form of Additional Agreements, signed by authorized representatives of the Parties and attached to the Agreement as its integral part.
11.3. In all other respects that are not specified in this Agreement, the parties will be guided by the current legislation of the Russian Federation.
11.4. The following is attached to the Agreement and is its integral part:
Minutes of negotiation of the contract price (Appendix No. 1)
11.5. From the date of signing the Agreement by both Parties, all previous oral or written negotiations and correspondence relating to the Agreement become invalid.
11.6. The Agreement is made in 2 (two) copies having equal legal force, one copy for each Party.
12. ADDRESSES AND DETAILS OF THE PARTIES
|
EXECUTOR OGRN _____________________ e- mail:_________________ Tel/Fax: ____________ r/s ____________________ c/s ____________________ AT _______________________ BIC ___________ CEO ____________________/____________ |
CUSTOMER Jur. the address_____________________ OGRN _____________________ TIN/KPP ___________/__________ e- mail:_________________ Tel/Fax: ____________ r/s ____________________ c/s ____________________ AT _______________________ BIC ___________ CEO ____________________/______________ |
Application No. 1
To Agreement No. ____-17
from "___" ________ 2017
PROTOCOL
coordination of the cost of works (services)
We, the undersigned, the representative of the Contractor ____________________ represented by _____________________________________________, acting on the basis of _____________________ on the one hand, and the representative of the Customer represented by ____________________________________________________________, acting on the basis of ____________________ on the other hand, have concluded this Protocol for agreeing on the cost of works (services) as follows:
1. This Protocol establishes the cost of organizing one trip for garbage collection:
Bunker-carrier vehicle, with a capacity of up to 8 m3, with a carrying capacity of up to 5 tons in the amount of __________(____________________) rubles, including VAT 18%.
By car of the "multilift" type with a capacity of up to 20 m3 up to 12 tons in the amount of ___________ (___________) rubles, including VAT 18%;
By motor vehicle of the "multilift" type with a capacity of up to 27 m3 up to 12 tons in the amount of ___________ (___________) rubles, including VAT 18%.
2. Rent of a container with a permanent presence at the Customer's site when exporting four or more containers per month is not charged.
When exporting less than four containers per month, the rental price is:
Container 8m3-_______ (_____________) rubles per week.
Container 27m3-______ (_____________) rubles per week.
3. Payment is made against the account within three banking days from the date of signing this Protocol.
4. In the event of a change in the cost of waste removal, the Contractor shall notify the Customer in writing.
5. This Protocol is drawn up in two copies, one for each of the Parties and is an integral part of the agreement No. ________ of "____" ______ 2017
CONTRACTOR: CUSTOMER:
_________________/_____________ ______________________/______________
Hereinafter referred to as (th, th), represented by, acting (s) on the basis of,
collectively referred to as the Parties, and individually as the Party,
Subject of the contract
1.1.
In accordance with the terms of the Agreement, undertakes, in accordance with the Garbage Collection Schedule approved by the Parties (Appendix No. to the Agreement), which is an integral part of the Agreement, to provide services for the removal of garbage and waste (hereinafter referred to as the Services), and undertakes to pay for the Services.
1.2.
Provides removal, including waste of the following hazard class:
I class - .
1.3.
If necessary, may submit an application for the provision of Services outside the schedule, no later than calendar days before the start of the provision of Services.
1.4.
The application form is established by the Parties in Appendix No. to the Agreement, which is an integral part of it (hereinafter referred to as the Application). The Application contains the following information:
Address and/or location of garbage and/or waste;
Information about the person responsible for organizing garbage collection from outside, contacts for communication with him;
The volume of garbage;
The composition of the garbage.
1.5.
The application can be submitted optionally - in the form of a telephone message, a registered letter, a fax, an e-mail message to the details specified in clause of the Agreement.
1.6.
Collection of garbage and waste is carried out by forces.
1.7.
Sorting of garbage and waste is carried out by forces.
1.8.
The hazard class of the accepted garbage and waste is confirmed by a hazardous waste passport drawn up in the form of Appendix No. to the Agreement, which is its integral part.
1.9.
Guarantees that the provision of the Services will be carried out in compliance with the provisions of the Federal Law of June 24, 1998 No. 89-FZ "On production and consumption waste", Decrees of the Government of the Russian Federation of February 10, 1997 No. 155 " On approval of the Rules for the provision of services for the removal of solid and liquid household waste ".
Contract time
2.1.
The agreement comes into force from and is valid until .
2.2.
If none of the Parties before the expiration of the Agreement specified in paragraph. 2.1 of the Agreement, does not notify the other Party of the termination of the Agreement, the Agreement is extended for a period on the same terms.
Term for the provision of services
3.1.
Undertakes to provide the Services within calendar days from the date of receipt of the Application from .
3.2.
The terms for the provision of the Services are specified in Appendix No. to the Agreement.
Rights and obligations of the parties
4.1.
Undertakes:
4.1.1.
Notify no later than calendar days before the next date of garbage collection of all changes in the contact information of the responsible person.
4.1.2.
Timely and in accordance with the terms of the Agreement pay for the Services.
4.1.3.
Accept the rendered Services in accordance with the terms of the Agreement.
4.1.4.
Do not transfer the information received from you related to the provision of the Services under the Agreement to third parties and do not use it in any other way that could lead to damage to interests.
4.1.5.
During the term of the Agreement, do not take any actions (personally or through intermediaries) related to the provision of the Services without the consent of .
4.2.
Responsibilities :
4.2.1.
Take out the garbage in accordance with the terms of the Agreement.
4.2.2.
When providing the Services, engage only technically sound special equipment and qualified service personnel.
4.2.3.
Provide oral and written advice on additional issues. The complexity of the issue, the volume, and the timing of counseling is determined in each case independently.
4.2.4.
Treat property with care.
4.2.5.
Provide Services in a quality and timely manner in accordance with the terms of the Agreement.
4.3.
4.3.1.
Control the provision of the Services without interfering with the activities.
4.3.2.
Make suggestions for improving work.
4.3.3.
Receive from oral and written explanations related to the provision of the Services, no later than calendar days from the date of presentation of the relevant request.
4.4.
4.4.1.
Independently determine the forms and methods of providing the Services based on the requirements of the law, as well as the specific terms of the Agreement.
4.4.2.
Receive, upon written request, the information necessary for the provision of the Services from third parties.
4.4.3.
Independently determine the composition of specialists providing the Services.
4.4.4.
Demand payment for the Services rendered.
The order of delivery and acceptance of services
5.1.
After each garbage collection, the Parties sign an act of acceptance and transfer of garbage and waste, drawn up in the form of Annex No. to the Agreement, which is an integral part of it (hereinafter referred to as the Act).
5.2.
In case of detection of shortcomings, submits written motivated objections to the Act. In case of failure to submit written motivated objections, within calendar days from the date of provision of services, the Act is considered signed.
5.3.
The term for elimination of deficiencies is calendar days from the date of receipt of a written reasoned objection.
Cost of services and payment procedure
6.1.
Prices for the Services rendered are established and indicated in Appendix No. to the Agreement. The actual cost of the services rendered is determined on the basis of the Act.
6.2.
The invoice for payment for the Services is issued on the basis of the volume of garbage and waste established in the Act.
6.3.
Payment for the Services is made within banking days from the receipt of the invoice.
6.4.
Method of payment under the Agreement: transfer of funds in the currency of the Russian Federation (ruble) to the current account. At the same time, the obligations in terms of payment under the Agreement are considered fulfilled from the day the bank debits the funds from the account.
6.5.
If it is necessary to change the tariffs for the provision of Services, notifies about this at least calendar days before its entry into force.
Responsibility of the parties
7.1.
The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and Russian legislation.
7.2.
The penalty under the Agreement shall be paid only on the basis of a reasonable written request of the Parties.
7.3.
The payment of a penalty does not relieve the Parties from fulfilling their obligations under the Agreement.
7.4.
For violation of the terms of payment for the Services rendered, pays penalties in the amount of % of the cost of the untimely paid stage of the Services under the Agreement for each day of delay, but not more than % of the cost of the untimely paid stage of the Services.
7.5.
7.6.
For violation of the terms for the provision of Services (p. 3.1 Agreement) is liable in the form of payment of a penalty in the amount of RUB. behind .
7.7.
When the vehicle is idle due to fault at the loading point, it pays a fine in the amount of rubles. for downtime.
7.8.
In the event of non-fulfillment (improper fulfillment) of the obligations provided for by paragraph 1 of Art. 4.2.7 Agreement, pays a fine in the amount of Rs. for each such case.
Grounds and procedure for termination of the contract
8.1.
The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for by the Agreement and the law.
8.2.
Termination of the Agreement unilaterally is made only at the written request of the Parties within calendar days from the date of receipt by the Party of such a request.
8.3.
The right to refuse to perform the Agreement, subject to payment of the expenses actually incurred by him.
8.4.
The right to refuse to fulfill obligations under the Agreement only on condition of full compensation for losses.
8.5.
8.5.1.
H violation of the terms for the provision of the Services or untimely provision of the Services under the Agreement for a period of more than calendar days.
8.5.2.
Systematic (more than) violations of the terms of the provision of the Services.
8.5.3.
The right to refuse to perform the Agreement by notifying in writing at least one calendar day prior to the introduction of the amended tariff in accordance with paragraph 3. 6.5 Agreement.
8.6.
The right to terminate the Agreement unilaterally in the following cases:
8.6.1.
H violation of the terms of payment for the Services or untimely payment for the Services under the Agreement for a period of more than calendar days.
8.6.2.
H repeated (and more times) violation of the obligations stipulated by the Agreement.
Resolution of disputes from the contract
9.1.
The claim procedure is mandatory. The dispute may be submitted for resolution to the arbitration court after the parties take measures for pre-trial settlement c.
9.2.
Disputes from the Agreement are resolved in court in.
Force Majeure
10.1.
The Parties are released from liability for full or partial failure to fulfill obligations under the Agreement if the failure to fulfill obligations was the result of force majeure, namely: fire, flood, earthquake, strike, war, actions of public authorities or other circumstances beyond the control of the Parties.
10.2.
The Party that cannot fulfill its obligations under the Agreement must promptly, but no later than calendar days after the onset of force majeure circumstances, notify the other Party in writing, with the provision of supporting documents issued by the competent authorities.
10.3.
The Parties acknowledge that the insolvency of the Parties is not a force majeure event.
Other conditions
11.1.
The parties do not have any accompanying verbal agreements. The content of the text of the Agreement fully corresponds to the actual will of the Parties.
11.2.
All correspondence on the subject of the Agreement, prior to its conclusion, loses legal force from the date of conclusion of the Agreement.
11.3.
The Parties acknowledge that if any of the provisions of the Agreement becomes invalid during the term of its validity due to changes in legislation, the remaining provisions of the Agreement are binding on the Parties during the term of the Agreement.
11.4.
The Agreement is drawn up in 2 (two) original copies in Russian, one for each of the Parties.
on the paid provision of services for the removal and disposal of solid household waste
___________ "___" ______ 20___
Hereinafter referred to as the "CONTRACTOR", represented by __________________________________________, acting on the basis of ______________, on the one hand, and _____________________________________________ , hereinafter referred to as the "CUSTOMER", represented by ___________________________________, acting on the basis of ________________, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the "CONTRACTOR" undertakes, on the instructions of the "CUSTOMER", to provide services (perform actions) for the removal and disposal of municipal solid waste at the landfill.
1.2. The "CUSTOMER" undertakes to pay for these services on time.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Obligations of the "CONTRACTOR":
2.1.1. The "CONTRACTOR" undertakes to organize the removal of municipal solid waste and their subsequent disposal for disposal at the landfill under an agreement with specialized organizations.
Address of the "CUSTOMER" object from which garbage is removed:
- ________________________________________________________;
- ________________________________________________________.
2.1.2. The removal of municipal solid waste is carried out regularly in accordance with the schedules approved and agreed by the parties on the basis of the data provided by the "CUSTOMER" in a written application, as well as the calculations of the volume of garbage to be removed.
2.1.3. The "CONTRACTOR" is obliged to notify the "CUSTOMER" of all cases of impossibility of fulfilling the essential terms of the contract in writing or in the form of a telephone message within three days from the date of the occurrence of obstacles to execution.
2.1.4. The "CONTRACTOR" is obliged to comply with the requirements of the legislation of the Russian Federation when carrying out its activities. Including the requirements of the Law of the Moscow Region “On State Administrative and Technical Supervision and Administrative Responsibility for Offenses in the Sphere of Improvement, Maintenance of Facilities and Production of Works in the Territory of the Moscow Region” dated October 27, 2004 No. 2 / 114-P, the Law of the Moscow Region “ On ensuring cleanliness and order on the territory of the Moscow Region” dated November 16, 2005 No. 5 / 158-P.
2.2. Rights of the "PERFORMER":
2.2.1. "CONTRACTOR" has the right to suspend or refuse to export and place for recycling:
a) frozen solid domestic waste from the object of the "CUSTOMER";
b) in case of repeated non-payment for services within the time limits established by this agreement;
c) tree branches, foliage;
d) subject to force majeure
2.2.2. The "CONTRACTOR" has the right to refuse unilaterally from the fulfillment of obligations under this agreement, subject to full compensation to the "CUSTOMER" for losses caused by such a refusal.
2.2.3. The "CONTRACTOR" has the right to report a violation of the law in the field of rendering services to authorized state bodies in order to bring the violator (legal entity, individual or official) to the liability provided for by law.
2.3. Obligations of the "CUSTOMER":
2.3.1. To draw up the contract, submit to the "CONTRACTOR" the statutory documents, details. During the term of the agreement, the "CUSTOMER" is responsible for the objectivity and timely provision of information about the changes that have occurred and undertakes to inform the "CONTRACTOR" about them in writing.
2.3.2. The "CUSTOMER" is obliged to pay for the services provided under this agreement in accordance with the procedure and terms specified in clause 3 of the agreement.
2.3.3. The "CUSTOMER" is obliged to timely notify the "CONTRACTOR" in writing about changes in bank and payment details, legal and actual address.
2.3.4. "CUSTOMER" is obliged to comply with the requirements of the legislation of the Russian Federation.
2.3.5. The "CUSTOMER" is obliged to notify the "CONTRACTOR" of all cases of impossibility to fulfill the essential terms of the contract in writing or in the form of a telephone message within three days from the date of impediment to execution.
2.3.6 Timely provide the "CONTRACTOR" with all the necessary information at his written request regarding this agreement.
2.4. Rights of the "CUSTOMER":
2.4.1. The "CUSTOMER" has the right to demand from the "CONTRACTOR" the fulfillment of the terms of the contract.
2.4.2. The "CUSTOMER" has the right to control at any time, without interfering with the work of the "CONTRACTOR", the activities of garbage collection.
2.4.3. The "CUSTOMER" has the right to unilaterally refuse to fulfill the contract for the provision of services for a fee, subject to payment to the "CONTRACTOR" of the expenses actually incurred by him.
3. PRICE (TARIFFS), PROCEDURE FOR ACCEPTANCE OF RENDERED SERVICES AND PAYMENT
3.1. The “CUSTOMER” pays the “Contractor” a fee for the services provided at the following rates:
removal of municipal solid waste - ________ rubles (including VAT 18% - ________ rubles);
placement for disposal of municipal solid waste - ______ rubles (including VAT 18% - ______ rubles).
3.2. When changing the current tariffs, the "CONTRACTOR" has the right to unilaterally change the tariffs for services provided under this agreement by notifying the "CUSTOMER" in writing.
If after 30 calendar days from the date of written notification of the CUSTOMER about the change in tariffs, the CUSTOMER continues to use the services provided by the CONTRACTOR in accordance with this agreement, then the new tariff is automatically considered accepted by the CUSTOMER.
3.3. Acceptance of rendered services is carried out on the basis of an act of rendered services (works performed) signed by authorized representatives of both parties for each billing period (month).
3.4. Payment is made by the "CUSTOMER" by transferring funds to the settlement account of the "CONTRACTOR" before the 5th day of the month following the billing period, on the basis of invoices and certificates of services rendered (work performed), signed by authorized representatives of both parties.
3.5. The obligations of the "CUSTOMER" to pay for the services rendered to him are considered fulfilled from the moment the funds are received on the settlement account of the "CONTRACTOR" in full in accordance with the terms of the contract.
3.6. Acceptance of work performed is carried out on the basis of an act of work performed, signed by both parties. The Contractor, before the 30th of the month, sends the Customer an act of work performed and an invoice. The customer within 5 banking days is obliged to accept the work performed, or send a reasoned refusal to accept the work, in case the Contractor does not receive a properly executed certificate of work performed, or a reasoned refusal to accept them, the work is considered to be completed in full and of proper quality.
4. VOLUME OF GARBAGE TO BE REMOVED
4.1. The volume of garbage to be removed for 20__ - ___________ m3,
4.2. The amount of the contract for approximately 20__ year - _______________________ (____________________________) rubles __________ kop. (including VAT 18%).
4.3. Payments for additional services provided by the "CONTRACTOR", not included in the cost of this agreement, are paid by the "Customer" separately.
5. RESPONSIBILITIES OF THE PARTIES
5.1. For non-fulfillment or improper fulfillment of the terms of the contract, the parties are liable in accordance with the current legislation of the Russian Federation.
5.2. In case of non-payment for the services provided under this agreement, within the terms established by the parties, the "CONTRACTOR" has the right to recover from the "CUSTOMER" a penalty in the amount of __% of the amount of the debt for each day of delay in payment.
5.3. In case of non-payment for services for more than two months in a row, the contract is terminated by the "CONTRACTOR" unilaterally.
5.4. If it is impossible to provide services due to the fault of the "CUSTOMER", the services are payable in full for the relevant period.
5.5. The Parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement, if their fulfillment is hindered by an extraordinary and unavoidable circumstance under the given conditions (force majeure).
6. CONDITIONS FOR AMENDMENT, TERMINATION OF THE AGREEMENT, OTHER CONDITIONS
6.1. Contract time from ________________ 20____ to ________________ 20____
6.2. If one month before the expiration of this agreement, none of the parties requests its termination, the agreement is considered automatically extended on the same terms and for the same period. Further prolongation of this agreement is carried out in the same manner and on the same terms.
6.3. All changes and additions to the contract are made out by additional agreements.
6.4. This agreement may be terminated before the expiration date unilaterally, by written notice to the other party 10 days before the expected date of termination of the agreement, subject to reconciliation and repayment of all mutual settlements.
6.5. The "CONTRACTOR" terminates the contract unilaterally with the notification of the "CUSTOMER" immediately, in the event of:
- repeated violation of the terms of payment by the "CUSTOMER" for services under this agreement;
- in case of refusal of the "CUSTOMER" to conclude an agreement to change the amount of the contract
6.6. All disputes and disagreements are resolved directly through negotiations between the parties. If an agreement is not reached, the disputed issues are submitted by the interested party for resolution by the Arbitration Court.
6.7. The Agreement is made in two copies, having the same legal force, one for each of the parties.
7. ADDRESSES AND BANKING DETAILS OF THE PARTIES
|
"EXECUTOR" _____________________________ |
"CUSTOMER" _____________________________ |
|
Jur. the address: ____________________________ Mailing address: _______________________ Tel/Fax: ____________________________ R/S ___________________________________ in ______________________________________ C/S ___________________________________ BIC ___________________________________ TIN _____________ KPP _______________ OGRN __________________________________ |