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Memorandum of debt contract conclusion (expert)
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Memorandum of debt contract conclusion (expert)
MEMORANDUM
OF DEBT CONTRACT CONCLUSION (EXPERT)
№ _______
Cape Town «__» ________ 20____
1. Memorandum of Debt Contract Conclusion (hereinafter — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with loans.
1.1. PARTIES under the Loan Contract (expert) dd «___» _______ 20___ г. № __ (hereinafter Contract)entered the Memorandum as follows:
OF DEBT CONTRACT CONCLUSION (EXPERT)
№ _______
Cape Town «__» ________ 20____
1. Memorandum of Debt Contract Conclusion (hereinafter — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with loans.
1.1. PARTIES under the Loan Contract (expert) dd «___» _______ 20___ г. № __ (hereinafter Contract)entered the Memorandum as follows:
2. PARTY-1 to PARTY-2 guarantees:
2.1. Signing the papers testifying a deal according to a Contract, PARTY-1 is aware and informed of all the aspects, peculiarities, conditions, consequences and responsibilities connected with this kind of transactions.
2.1. Signing the papers testifying a deal according to a Contract, PARTY-1 is aware and informed of all the aspects, peculiarities, conditions, consequences and responsibilities connected with this kind of transactions.
2.2. PARTY-1 does not intend to fulfill a mock or an artificial deal.
2.3. PARTY-1 intentions don’t have any violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one party representative from another.
2.4. at the moment of signing the present Memorandum and the Contract, the PARTY is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
2.5. if not mentioned in the Contract, PARTY-1 carries out business activity not forming a juridical entity according of the Civil code of the Russian Federation.
2.6. PARTY-1 has read all the articles of the Contract and its attach-ments on the site http://2450245.info/agreement/and undestands the contents of the whole said Contract and of its separate parts.
2.7. PARTY-1 read and is now completely aware of
all the Rules of
the Arbitration Center at the Autonomous Non-Profit Organization
"Institute of Contemporary Arbitration",
and all attachments, the text of the Regulation is clear (understandable) as an
entire text and as separate parts as well.
2.8. PARTY-1 read and is now completely aware of all the rules of Regulation of constantly operating Federal arbitration court (11-A, 1st driveway Perova Polya st., Moscow), and all attachments, the text of the Regulation is clear (understandable) as an entire text and as sepa-rate parts as well.
2.9.The Parties shall use the claim procedure of out-of-court dispute settlement.
2.10.1. In case of receiving a claim, the receiving PARTY shall consid-er it ans send the response to the claiming PARTY within 30 (thirty) days from the moment of the claim receipt.
2.10.2. In case the claim is dismissed without prejudice (the response has not been received) and in case of refusal to satisfy it (in full or in part), the claiming PARTY is entitled to submit the dispute for judicial examination by a competent court within 31 (thirty one) days from the day of receiving the claim by the other Party.
2.10.3. PARTY-1 is regarded as duly notified in case the claim has been served to it personally against written acknowledgment in the form of the delivery confirmation that is subject to return to the PAR-TY-2 or any other document with the serving date and time and the source of information.
2.10.4. PARTY-1 is also regarded as having duly received the claim from the PARTY-2, in the following cases:
1) the addressee has refused to receive the claim, and this refusal has been documented by the mail (express-mail/courier) service;
2) in spite of the mail (express-mail/courier) service notice, the addressee
hasn't appeared and collected the claim filed by the PARTY-2 in ac-cordance with the established procedure, and the mail (express-mail/courier) service has notified the PARTY-2 to that effect;
3) the claim hasn't been served to the addressee due to its absence at the indicated address, and the mail (express-mail/courier) service has notified the PARTY-2 to that effect, indicating the source of this in-formation.
1) the addressee has refused to receive the claim, and this refusal has been documented by the mail (express-mail/courier) service;
2) in spite of the mail (express-mail/courier) service notice, the addressee
hasn't appeared and collected the claim filed by the PARTY-2 in ac-cordance with the established procedure, and the mail (express-mail/courier) service has notified the PARTY-2 to that effect;
3) the claim hasn't been served to the addressee due to its absence at the indicated address, and the mail (express-mail/courier) service has notified the PARTY-2 to that effect, indicating the source of this in-formation.
2.11.5. In case the current residence place of the PARTY-1 is not known, the sending of notification at the last known address of the PARTY-1 is regarded as a proper notification.
2.11.6. PARTY-2 simultaneously with sending the claim via the mail (express-mail/courier) service shall send the claim to the PARTY-1 at its e-mail address indicated in the present Memorandum and Contract and notify to that effect the PARTY-1 by phone at the telephone number indicated in the present Memorandum and Contract. The confirmation of the fact of sending shall be the screenshot form the computer of PARTY-2, from which the claim was sent, and the tran-script of outgoing calls executed by the mobile operator in respect of the telephone number of the PARTY-2 indicated in the present Memo-randum and Contract, that documents the fact of the call by the PAR-TY-2 on the telephone number of the PARTY-1.
2.12. PARTY-1 understands the claim procedure of out-of-court dis-pute settlement by the PARTIES as a whole and its particular parts.
3. PARTY-2 to PARTY-1 guarantees:
3.1. at the moment of signing the present Memorandum and the Con-tract, PARTY-2 is capable of all needed power, authorities and facili-ties for the Contract implementation.
3.1. at the moment of signing the present Memorandum and the Con-tract, PARTY-2 is capable of all needed power, authorities and facili-ties for the Contract implementation.
3.2. PARTY-2 does not intend to fulfill a mock or an artificial deal.
3.3. PARTY-2 intentions don’t have any violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one party representative from another.
3.4. at the moment of signing the present Memorandum and the Con-tract, the PARTY is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
4. PARTY-1 is aware of:
4.1. PARTY-2 does not request or demand any advanced payments from PARTY-1 within the bounds of the present Memorandum and the Contract implementation.
4.1. PARTY-2 does not request or demand any advanced payments from PARTY-1 within the bounds of the present Memorandum and the Contract implementation.
4.2. PARTY-2 has no guarantee to PARTY-1 of property transfer (sale) to the third parties of membership in system of club vacation (timeshare) of PARTY-1.
4.3. In case the PARTY-1 notifies (informs or provides information) to third person(s), inter alia in Russian and/or any other foreign languages by means of Russian and/or foreign periodical printed publication(s), online medium (media), TV and radio channel(s), TV, radio and video program(s) or other form(s) of periodical and non-periodical distribu-tion of information, including social networks, blogs, forums, hosts and other internet resources in any form that allows to reproduce the information, including books, articles, patents, dissertations, theses, research and development documents, other scientific works, including works in any foreign language and on any foreign Internet-services, concerning the contents (in full or in part), terms and procedure of conclusion of the Contract for advertising services and/or the (Presen-tational) Debt Contract , the PARTY-2 is entitled to unilaterally cancel its obligations under the the Contract for advertising services and/or the (Presentational) Debt Contract. In this case the PARTY-1 pays the fine in the amount of 150 000 (one hundred fifty thousand) RUB. Upon the occurrence of the said circumstances the Contract for adver-tising services and/or the (Presentational) Debt Contract are considered terminated from the date indicated in the receipt made in respect of the mail item by the mail (express-mail/courier) service when receiv-ing the corresponding notification of the Contract for advertising ser-vices and/or the (Presentational) Debt Contract termination, or from the date of the notification service to the PARTY-1 against written acknowledgment.
5. PARTIES assure that:
5.1. In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power;
5.1.2. the terms of the present Contract were
defined by the both Parties;
5.1.3. the negotiating power equality is evident;
5.2. the conditions of the present Memorandum and Contract are not defined by them in forms or any other standard patterns.
5.3. the parties have right to make changes to the present Memorandum and Contract when each change is under agreement to an opposite PARTY.
5.4. the present Memorandum and Contract are not a version of a Connection contract.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ___________
Date of birth: __________
Place of birth: __________
Residence: _____________
Tel/Fax: ______________
E-mail: _______________
ID (name, series, number, delivery date, issued by, other info): __________
______________________________________________Full name
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING (PTY) Ltd
Reg. nr: 2017/499886/ 07
Address: No.1Bridgeway Century City, CAPE TOWN, R.S.A. 7446
Tel: +27(0)21 830-5465
Tel: +27(0)83 394 0870 E-mail: time@alpa-consulting.com
Branch in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
Postal address: Postnet Suite 1027, Private Bag X2, CENTURY CITY, R.S.A. 7446
5.1. In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power;
5.1.2. the terms of the present Contract were
defined by the both Parties;
5.1.3. the negotiating power equality is evident;
5.2. the conditions of the present Memorandum and Contract are not defined by them in forms or any other standard patterns.
5.3. the parties have right to make changes to the present Memorandum and Contract when each change is under agreement to an opposite PARTY.
5.4. the present Memorandum and Contract are not a version of a Connection contract.
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ___________
Date of birth: __________
Place of birth: __________
Residence: _____________
Tel/Fax: ______________
E-mail: _______________
ID (name, series, number, delivery date, issued by, other info): __________
______________________________________________Full name
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING (PTY) Ltd
Reg. nr: 2017/499886/ 07
Address: No.1Bridgeway Century City, CAPE TOWN, R.S.A. 7446
Tel: +27(0)21 830-5465
Tel: +27(0)83 394 0870 E-mail: time@alpa-consulting.com
Branch in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
Postal address: Postnet Suite 1027, Private Bag X2, CENTURY CITY, R.S.A. 7446
5.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power
hindrance to agreement upon another contents of particular terms
of the present Memorandum or Contract as they had equal
negotiating power
5.1.2. the terms of the present Memorandum and Contract were defined
by the both Parties
by the both Parties
5.1.3. the negotiating power equality is evident
5.2. The terms of the present Memorandum and Contract have not
been set forth by the Parties in blank forms or other standard forms
been set forth by the Parties in blank forms or other standard forms
5.3. The Parties are entitled to enter any changes into the present
Contract in case such changes are agreed upon by the Parties
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ___________
Date of birth: __________
Place of birth: __________
Residence: _____________
Tel/Fax: ______________
E-mail: _______________
ID (name, series, number, delivery date, issued by, other info): __________
________________________________________________ FIO
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
___________________________________________ Akenzua A.
L.S.
Contract in case such changes are agreed upon by the Parties
PARTY-1
(PRINCIPAL / DEBTOR)
Full name: ____________
Nationality: ___________
Date of birth: __________
Place of birth: __________
Residence: _____________
Tel/Fax: ______________
E-mail: _______________
ID (name, series, number, delivery date, issued by, other info): __________
________________________________________________ FIO
PARTY-2
(AGENT / MUTUANT)
ALPA CONSULTING LIMITED
Company Number: 2017/499886/07
Address No.1 Bridgeway
Century City,
CAPE TOWN, R.S.A. 7441
Tel.: +2721 830-5465
Dir. Line: +2721 830-5465
An address of office is in Russia: 125009, Russia, Moscow, Bolshaya Dmitrovka street, 5/6 bld 3
Tel./fax: +7 (495) 245 0 245
E-mail: time@alpa-consulting.com
General manager
___________________________________________ Akenzua A.
L.S.
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