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Debt contract (valuation)
DEBT CONTRACT (VALUATION) №J_____
Cape Town «__» _____ 20__
I (Me) ____________, hereinafter referred to as DEBTOR, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as LENDER, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Debt contract (valuation) (hereinafter — the Contract):
Cape Town «__» _____ 20__
I (Me) ____________, hereinafter referred to as DEBTOR, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as LENDER, in the person of the General manager of Akenzua Adio, operating on the basis of the resolution of Board of Directors and Charter, as the other party and together «the PARTIES» concluded the following Debt contract (valuation) (hereinafter — the Contract):
ARTICLE 1. CONTRACT SUBJECT
1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract).
1.1. The LENDER undertakes giving the DEBTOR the money at a rate of and on the conditions specified in the Term liability (Annex № 1 to the present Contract).
1.2. The DEBTOR shall return the LENDER the loan in terms and condi-tions set out by the Contract.
1.3. The DEBTOR shall return the LENDER the loan in terms and conditions set out by the Contract.
1.4. In case of delayed loan repayment, percentage for the entire loan period is to be paid.
ARTICLE 2. LOAN GRANTING ORDER
2.1. The loan is issued at the time of DEBTOR application.
2.1. The loan is issued at the time of DEBTOR application.
2.2. The DEBTOR has right to receive a loan within 7 (seven) calendar days from the date of signing the Contract.
ARTICLE 3. THE LOAN USAGE AND RETURN ORDER
3.1. Loan return is to be made by the DEBTOR on the conditions provided in the Term liability (Annex № 1 to the present Contract).
3.1. Loan return is to be made by the DEBTOR on the conditions provided in the Term liability (Annex № 1 to the present Contract).
3.2. Loan return is made by
money transfer to the LENDER with drawing up the Receipt on a loan return or
money transfer to the LENDER account.
3.3. At penalty calculation the actual quantity of calendar days in period when payment is made is considered, and a real number of calendar days in a year (365 or 366).
3.4. The DEBTOR has the right to return the loan or its part without its minimum part restriction in advance.
3.5. The date of loan return (repayment of the basic debts, interest for using a loan, the penalty) under the Contract is the date of money entering (payment) in the LENDER cash desk or money receipts on the LENDER account.
3.6. Loan return and also percent payment for using a loan and penalties can be carried out on a non-working (day off, celebratory) day not changing the transfer term (payment entering) of money by the LENDER.
3.7. DEBTOR refunds all expenses connected with loan return (debts collecting) under the Contract to the LENDER, including full representative fee on the basis of the Contract of legal service rendering.
1) On compensation of judicial and other expenses on loan return (debts collecting), and also for representative fee;
2) For penalty payments;
3) On payment of the delayed percent for loan usage;
4) On urgent percent payment for loan usage;
5) On delayed debts repayment under a loan;
6) On urgent debts repayment under a loan (loan return).
3.8. The payments directed by the DEBTOR on pre scheduled loan return, are set on account of the loan nearest (time) payments of re-turn, specified in article 3.1 of the Contract, according to the sequence of payments specified in article 3.8 of the Contract.
3.9. The LENDER is the tax agent according to article 24 of the Tax code of the Russian Federation.
Verification is carried out at the request of one of the parties, the results of which shall be composed of reconciliation and settlement.
Conditions of the loan sum return can be also provided by the Term liability (Annex № 1 to the Contract).
Verification is carried out at the request of one of the parties, the results of which shall be composed of reconciliation and settlement.
Conditions of the loan sum return can be also provided by the Term liability (Annex № 1 to the Contract).
ARTICLE 4. PARTIES RIGHTS AND OBLIGATIONS
4.1. The LENDER undertakes the loan giving out upon the DEBTOR ap-plication according to the conditions of article 2.1 and article 2.2 of the present Contract in cash on the day of application submission.
4.1. The LENDER undertakes the loan giving out upon the DEBTOR ap-plication according to the conditions of article 2.1 and article 2.2 of the present Contract in cash on the day of application submission.
4.2. The LENDER has right to:
4.2.1. Decrease the penalty size and-or establish a time period when the penalty is not raised at own discretion, notifying the DEBTOR unilaterally.
4.2.1. Decrease the penalty size and-or establish a time period when the penalty is not raised at own discretion, notifying the DEBTOR unilaterally.
4.2.2. Demand the DEBTOR ahead of schedule return of entire loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions in a case of:
4.2.2.1. DEBTOR default or inadequate obligations execution (including unitary) on loan return and-or payment of percent for using a loan under the Contract;
4.2.2.2. DEBTOR obligations provided by article 4.3.2 of the Contract default.
4.2.2.1. DEBTOR default or inadequate obligations execution (including unitary) on loan return and-or payment of percent for using a loan under the Contract;
4.2.2.2. DEBTOR obligations provided by article 4.3.2 of the Contract default.
4.3. The DEBTOR is obliged to:
4.3.1. Issue the Term liability (Annex № 1 to the Contract) for loan reception.
4.3.1. Issue the Term liability (Annex № 1 to the Contract) for loan reception.
4.3.2. Notify the LENDER on change of the registration address (residence permit), an actual residence, work, a surname, a name or other circumstances, capable of affecting the DEBTOR obligations execution under the Contract in time not later than 3 (three) working days.
4.3.3. Return all of a loan sum and pay due percent for using a loan, the penalty, provided by treaty provisions, in the cases listed in arti-cle 4.2.2 of the present Contract ahead of schedule on the LENDER request.
4.3.4. Concede no full or in partial rights and obligations under the Contract to the other person without LENDER consent.
4.4. The DEBTOR duties are considered to be properly and completely executed after the LENDER return of all sum of a loan, payment of percent for using a loan and the penalty according to the treaty provisions, defined on the date of a loan return, and the debts collecting reimbursement.
4.5. Not later than within 7 (seven) days from the date of receipt of the white copy of the Contract and / or Annexes thereto from the LEND-ER, in the absence of disagreements, they shall be signed and one copy of signed documents shall be returned to the LENDER
4.6. The DEBTOR has right to:
4.6.1. to reconcile mutual settlements;
4.6.2. to sign the Reconciliation and Settlement Report.
ARTICLE 5. THE BASIS AND ORDER OF THE CONTRACT TERMINATION
5.1. The LENDER has the right to terminate the Contract with the DEBTOR on the conditions provided by the Term liability (Annex № 1 to the Contract).
5.1. The LENDER has the right to terminate the Contract with the DEBTOR on the conditions provided by the Term liability (Annex № 1 to the Contract).
5.2. Present Contract termination is fulfilled as written corresponding notice direction to the DEBTOR by the certified mail or the telegram with confirm on receipt.
This Agreement shall be deemed terminated from the date of delivery (receipt) of the above notice. The date of delivery (receipt) of the above notice is the date of delivery indicated on the return receipt to the sending party or another document with indication of the source of information.
This Agreement shall be deemed terminated from the date of delivery (receipt) of the above notice. The date of delivery (receipt) of the above notice is the date of delivery indicated on the return receipt to the sending party or another document with indication of the source of information.
ARTICLE 6. PARTIES RESPONSIBILITIES
6.1. At untimely loan return and-or payment of percent for its usage, the DEBTOR pays the LENDER a penalty at a rate of 0,05% from the sum of untimely made payment for each calendar day of obligations delay. The penalty for untimely loan return, percent for using a loan are paid by the DEBTOR in loan currency.
6.1. At untimely loan return and-or payment of percent for its usage, the DEBTOR pays the LENDER a penalty at a rate of 0,05% from the sum of untimely made payment for each calendar day of obligations delay. The penalty for untimely loan return, percent for using a loan are paid by the DEBTOR in loan currency.
6.2. The term readout charging percent for using a loan starts the next day after the loan sum delivery for the DEBTOR and comes to an end with date of the DEBTOR definitive repayment of formed debt in connection with loan return.
6.3. The LENDER shall have the right to suspend the fulfilment of obligations under this Contract until the corresponding violations are eliminated in the following cases:
6.3.1. in case of signing of the Contract with the Statement of Disa-greements by the DEBTOR without prior harmonization of these dis-agreements with the LENDER;
6.3.2. In case of DEBTOR breach of the Contract and/or Annexes thereto, provided for in par. 4.5 of the Contract;
6.3.3. In case of DEBTOR breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 7.10. of the Contract.
ARTICLE 7. OTHER PROVISIONS
7.1. The contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.1. The contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.1. The present contract comes into force from the moment of signing and operates before full obligations execution by the PARTIES is made.
7.2. The DEBTOR enters the present Contract not aiming to receive any results, data, information etc. for personal, family or any domestic usage. The DEBTOR carries out business activity only;
7.3. Changes and additions to the present Contract, except the cases pro-vided by article 4.2.1 of the present Contract, are valid, if they are made in writing and signed by the DEBTOR and the LENDER.
7.4. In case of dispute of questions provided by the Contract occurrence, the Parties will take all possible means to avoid them by negotiations.
7.5. Any arguments appearing or that might appear upon the Contract (specific legal relation) between the SIDES also connected with its conclusion, execution (non-execution or incorrect execution), altera-tion, abrogation, ineffectiveness (fully or partly) shall be resolved by arbitration administered by the Arbitration Center at the autonomous non-profit organization "Institute of Contemporary Arbitration" in accordance with the provisions of the Arbitration Rules.».
7.6. The Parties hereby declare that in accordance with the para. 3 of the article 428 of the Russian Federation Civil code neither Party was put in a position that comprises a significant hindrance to agreement upon another contents of particular terms of the present Contract as they had equal negotiating power, the terms of the present Contract were defined by the both Parties, and the negotiating power equality is evi-dent. The terms of the present Contract have not been set forth by the Parties in blank forms or other standard forms. The Parties are entitled to enter any changes into the present Contract in case such changes are agreed upon by the Parties. The present Contract doesn't constitute a type of a joinder agreement.
7.7. The parties assure that this transaction is not a mock or an artificial transaction made by violent influence such as delusion, deceit, vio-lence, threat or ill-intentioned agreement of one side representative from another;
7.8. The LENDER gives the information on the present Contract conclu-sion and its conditions to the third parties only after the DEBTOR written approval except for the cases provided by the current legisla-tion of the Russian Federation.
7.9. DEBTOR has no right to transfer the rights under the Contract to the third parties without the LENDER written approval.
7.10. When signing this Agreement, each page thereof shall be subject to requisite handwritten signature.
7.11. To the extent not regulated by this Agreement the relations between the Parties should be regulated by material and processual law of the Russian Federation.
7.12. If any inconsistency in text in different languages of this Agreement is present, it should be ruled by the Russian language version.
7.13. The Contract is signed in two original copies, one for each PARTY, each having an identical validity
7.14. All the Contract Annexs are being its integral part:
Annex № 1 — Term liability;
Annex № 2 — The DEBTOR application;
Annex № 3 — The loan voucher.
7.13. The Contract is signed in two original copies, one for each PARTY, each having an identical validity
7.14. All the Contract Annexs are being its integral part:
Annex № 1 — Term liability;
Annex № 2 — The DEBTOR application;
Annex № 3 — The loan voucher.
8. LEGAL ADDRESSES AND SIGNATURES OF THE PARTIES
LENDER
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
General manager
____________________________________________ Adio A.
L.S.
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
LENDER
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
General manager
____________________________________________ Adio A.
L.S.
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
ANNEX № 1
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
TERM LIABILITY
Cape Town «__» _____ 20__
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
TERM LIABILITY
Cape Town «__» _____ 20__
1. The LENDER Under the Debt Contract (Valuation) dd «__» _____ 20__ № J_____ (hereinafter — the Contract) undertakes to land (issue) the DEBTOR once at any one time the money:
- in amount of: 00 000 (summa) rubles;
- under percentage: 10 % (ten) percent of the loan amount;
- the term of loan return: the moment of loan return is defined by the date the COMMITTENT membership in the system of club vacation (timeshare) sale according to the Commission Contract signed under the Agreement (Report) on Intentions of «__» _____ 20__ № B_____ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and ___________ (COMMITENT)
- loan return order: the loan sum is returned one step at a time;
- the loan purpose: service payment (work)to the Agent according to the Сommission contract on independent expert estimation carry out dd «__» _____ 20__ № H_____, concluded by ALPA CONSULTING LIMITED (AGENT) и __________. (PRINCIPAL).
2. The DEBTOR Under the Contract undertakes to:
• return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
• to pay the percent added according to treaty provisions monthly, and also simultaneously with the sum of the basic loan return in case of under percent loan granting.
• return the loan sum and to pay percent for using on conditions and in order, provided by the Contract and the Term liability;
• to pay the percent added according to treaty provisions monthly, and also simultaneously with the sum of the basic loan return in case of under percent loan granting.
3. DEBTOR obliged to return early to the Lender the amount of the loan upon the occurrence of one of the following cases the fault of the DEBTOR:
3.1. _______ (COMMITTENT) under the Agreement(Report) of Intentions dd «__» _____ 20__ № B_____ concluded by the Commit-tent and ALPA CONSULTING LIMITED (THE COMMISSION AGENT) refusal to sign the Commission Contract;
3.2. unilateral termination of the Commission Contract signed under the Agreement (Report) on Intentions of «__» _____ 20__ № B_____ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and _______ (COMMITENT).
3.3. _______ (COMMITTENT) not coordinated to ALPA CONSULTING LIMITED (THE COMMISSION AGENT) under Agreement (Report) on Intentions of «__» _____ 20__ № B_____ and/or the Commission Contract signed under the Agree-ment (Protocol) on Intentions of «__» _____ 20__ № B_____ signed by ALPA CONSULTING LIMITED (COMMITION AGENT) and _______ (COMMITENT) unilaterally (not coordinated to the COMMISSION AGENT) performs actions that violate (contra-dict) the reached guarantees and assurance;
3.4. unilateral termination of the Contract of Independent Expert evaluation dd «__» _____ 20__ № H_____ concluded by ALPA CON-SULTING LIMITED (Agent) and _______ (Principal).
4. This Term liability is an integral part of the Contract.
DEBTOR
____________________________________________
LENDER
General manager
_________________________________________ Akenzua A.
L.S.
DEBTOR
____________________________________________
LENDER
General manager
_________________________________________ Akenzua A.
L.S.
ANNEX № 2
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
APPLICATION
Cape Town «__» _____ 20__
The DEBTOR, Under the Debt Contract (valuation) dd «__» _____ 20__ № J_____ (hereinafter — the Contract) requests the LENDER to issue the loan on the conditions specified in the Tern liability dd «__» _____ 20__ № J_____ (Annex № 1 to the Debt Contract (valuation) dd «__» _____ 20__ № J_____)
DEBTOR:
________________________________________________________
(Full name – filled in by the DEBTOR, signature)
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
APPLICATION
Cape Town «__» _____ 20__
The DEBTOR, Under the Debt Contract (valuation) dd «__» _____ 20__ № J_____ (hereinafter — the Contract) requests the LENDER to issue the loan on the conditions specified in the Tern liability dd «__» _____ 20__ № J_____ (Annex № 1 to the Debt Contract (valuation) dd «__» _____ 20__ № J_____)
DEBTOR:
________________________________________________________
(Full name – filled in by the DEBTOR, signature)
ANNEX № 3
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
(filled in with the Debtor’s own hand)
RECEIPT FOR LOAN CONTRACTING
Cape Town «__» _____ 20__
I (Me) ___________________________ (DEBTOR):
Nationality: ______________________
Date of birth: _____________________
Place of birth: ____________________
Sex: _____________________________
Residence:. ______________________
Tel/Fax: ________________________
E-mail: ________________________
ID (name, series, number, delivery date, issued by, other info):
Actual residence:
The Employer name and residence:
Taxpayer ID (if avialible):
Under the Debt Contract (valuation) dd «__» _____ 20__ № J_____ received from ALPA CONSULTING LIMITED (LENDER), in the person of the General manager of Panchariya Mukesh, the sum of money that makes 00 000 (summa) rubles.
ISSUED
lender
_______________________________________________________
(FULL NAME — filled in by the LENDER, signature)
ACCEPTED
debtor
________________________________________________________
(FULL NAME — filled in by the DEBTOR, signature)
to the Debt Contract (valuation)
dd «__» _____ 20__ № J_____
(filled in with the Debtor’s own hand)
RECEIPT FOR LOAN CONTRACTING
Cape Town «__» _____ 20__
I (Me) ___________________________ (DEBTOR):
Nationality: ______________________
Date of birth: _____________________
Place of birth: ____________________
Sex: _____________________________
Residence:. ______________________
Tel/Fax: ________________________
E-mail: ________________________
ID (name, series, number, delivery date, issued by, other info):
Actual residence:
The Employer name and residence:
Taxpayer ID (if avialible):
Under the Debt Contract (valuation) dd «__» _____ 20__ № J_____ received from ALPA CONSULTING LIMITED (LENDER), in the person of the General manager of Panchariya Mukesh, the sum of money that makes 00 000 (summa) rubles.
ISSUED
lender
_______________________________________________________
(FULL NAME — filled in by the LENDER, signature)
ACCEPTED
debtor
________________________________________________________
(FULL NAME — filled in by the DEBTOR, signature)
APPLICATION
to the Debt Contract (valuation) dd «__» _____ 20__ № J_____
Mumbai «__» _____ 20__
I (Me) _____________________, hereinafter referred to as the Debtor as one party hereby request to the ALPA CONSULTING LIMITED, hereinafter referred to as the Lender, in the person of the General manager of Panchariya Mukesh, operating on the basis of the resolution of Board of Directors and Charter, as the other party, as follows:
under the concluded Debt Contract (valuation) dd «__» _____ 20__ № J_____ (hereinafter — the Contract), transfer the received loan sum that makes 00 000 (summa) rubles to the bank account of XANTO TRADING LLP, 235 Old Marylebone Road,London, NW1 5QT United Kingdom, Bank of Cyprus, 121-123 Arch. Makariou III Ave, 3021 Limassol Cyprus, IBAN NUMBER: CY 63 0020 0195 0000 3570 2495 5937, SWIFT: BCYPCY2N. Tel +357 22128000, Tel/Fax:+44 207 193 4360 that shall confirm the Service payment according to the Сommission contract on independent expert estimation carry out dd «__» _____ 20__ № H_____, concluded between ALPA CONSULTING LIMITED (AGENT) and _______ (PRINCIPAL).
From the moment of transferring the sum specified in the Application to XANTO TRADING LLP bank account, I ask to consider obligations of the Agent to the Principal, within the limits of the Contract, as fully executed.
DEBTOR
_________________________________________ _______
ACQUAINTED, no objections:
LENDER
General manager
_________________________________________ Panchariya M.
L.S.
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