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Memorandum of independent expert estimation
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Memorandum of independent expert estimation
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MEMORANDUMTo find out why
OF INDEPENDENT EXPERT ESTIMATION № G_____
Cape Town «__» _____ 20__
1. Memorandum of independent expert estimation (hereinafter — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with the conclusion of the Contract Assignment on carrying out of an independent expert estimation and the Expert Loan Contract, and also the essence and the maintenance of carrying out directly the independent expert estimation.
1.1. PARTIES within bounds of the Contract Assignment on carrying out of an independent expert estimation dd «__» _____ 20__ №_____(hereinafter — Comission Contract on independent estimation) and Loan Contract (expert) dd «__» _____ 20__ №_____ (hereinafter — Loan Contract (estimation)) (hereinafter all — Contracts)entered the Memorandum as follows:
1. Memorandum of independent expert estimation (further — the Memorandum) defines (forms) main regulations, conditions, order of carrying out and concluding deals, connected with the conclusion of the Contract Assignment on carrying out of an independent expert estimation and the Expert Loan Contract, and also the essence and the maintenance of carrying out directly the independent expert estimation.
1.1. PARTIES within bounds of the Contract Assignment on carrying out of an independent expert estimation dd «__» _____ 20__ №_____ and Loan Contract (expert) dd «__» _____ 20__ №_____ entered the Memorandum as follows:
2. PARTY-1 to PARTY-2 guarantees:
2.1. at the moment of signing the Memorandum and the Contracts, property of PARTY-1, which is an object of expert appraisal is not sold to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the Memorandum and the Agreement did not claim any prospective or valid property rights.
2.1. at the moment of signing the Memorandum and the Contracts, property of PARTY-1, which is an object of expert appraisal is not sold to the third parties, is not arrested under court decision, is not disputed, third parties at the moment of concluding the Memorandum and the Agreement did not claim any prospective or valid property rights.
2.2. signing the documents of the Contract Assignment on carrying out of an independent expert estimation and the Expert Loan Contract and according to the order and conditions of Independent estimation itself, PARTY-1 is aware and informed of all the aspects, peculiarities, conditions, consequences and responsibilities connected with this kind of transactions.
2.3. PARTY-1 assigns to PARTY-2 the starting date of works performance terms (services) under the Contract Assignment on carrying out of an independent expert estimation and the Requirement specification (request) on estimation carrying out.
2.4. PARTY-1 does not intend to fulfill a mock or an artificial deal.
2.5. 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.
2.6 at the moment of signing the present Memorandum and the Agreement, the PARTY is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed.
2.7. PARTY-1 enters the Agreement not aiming to receive any results, data, information etc. for personal, family or any domestic usage. PARTY-1 carries out business activity only.
2.8. PARTY-1 is completely read online http://2450245.info/agreement/ all articles of the Treaty on the commission an independent evalua-tion of all applications to it, the text of the Treaty is clear in whole or in separate parts.
2.9. PARTY-1 is completely read online http://2450245.info/agreement/ all the articles of the Loan Agreement (the evaluation), all applications to it, the text of the Treaty is clear in whole or in separate parts.
2.10. PARTY-1 made its own decision to sign the Contract and was not influenced (enforced) by PARTY-2 or any other PARTYIES. PARTY-1 was not forced to sign the Contract Assignment on carry-ing out of an independent expert estimation; it is its one and only intention and decision.
2.11. 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.
3. PARTY-2 to PARTY-1 guarantees:
3.1. The independent expert estimation is fulfilled by XANTO TRADING LLP or the organizations having special approval for such activity implementation by XANTO TRADING LLP;
3.1. The independent expert estimation is fulfilled by XANTO TRADING LLP or the organizations having special approval for such activity implementation by XANTO TRADING LLP;
3.2. The basic estimation purpose is the property accessory estima-tion, being an object a of an independent expert estimation carrying out, type of membership, and also the certificate(document) holder status confirming the right for property, being object of an independ-ent expert estimation.
3.3. PARTY-1 assignment will be executed according to the Requirement specification (request) of its estimation carrying out;
3.4. at the moment of signing the present Memorandum, PARTY-2 is capable of all needed power, authorities and facilities for the independent expert estimation implementation for PARTY-1 property;
3.5. PARTY-2 does not intend to fulfill a mock or an artificial deal;
3.6. 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;
3.7. at the moment of signing the present Memorandum, 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 implementation.
4.1. PARTY-2 does not request or demand any advanced payments from PARTY-1 within the bounds of the present Memorandum implementation.
4.2. For appropriate obligations execution within the bounds of the present Memorandum, the Requirement specification (request) on estimation carrying out shall be given to PARTY-2.
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 Contracts 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
General manager
____________________________________________ Adio A.
L.S.
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 Contracts 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
General manager
____________________________________________ Adio A.
L.S.
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