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The commission contract on independent expert estimation
The value of your timeshare
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The commission contract on independent expert estimation
Cape Town «__» _____ 20__
II (Me) ___________________________________________________, hereinafter referred to as PRINCIPAL, as one party and ALPA CONSULTING LIMITED, hereinafter referred to as AGENT, 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 follow-ing Comission Contract on independent expert examination hereinaf-ter — the Contract):
1. CONTRACT SUBJECT
1.1. The Principal commits and the Agent undertakes the liability from on behalf of and at the Principal expense of under the Requirement Specification (inquiry) for Independent estimation to the certificate (document) confirming membership in system of club vacation (timeshare), by rules and in order defined by the Regulations for Independent Expert Estimation the certificate (document) confirming membership in system of club vacation (timeshare), confirmed by company XANTO TRADING LLP and to transfer the estimation result to the Principal.
1.2. The Agent executed transaction rights and duties, arise directly to the Principal.
1.3. Work execution (service rendering) terms (steps):— starting (service rendering) date: ______ __st 20__;— ending (service rendering) date: ______ __ st 20__.
1.3.1. starting (service rendering) date: ______ __st 20__;
1.3.2. ending (service rendering) date: ______ __ st 20__.
1.3.1. starting (service rendering) date: ______ __st 20__;
1.3.2. ending (service rendering) date: ______ __ st 20__.
1.4. the Requirement Specification (inquiry) for Independent estimation is being an integral part of the Contract.
1.5. The Principal undertakes to accept the Agent executed by the assignment and to pay the Agent the compensation provided by the Contract.
1.6. Reception and transfer of independent expert estimation result from the Agent to the Principal is made out according to the Certificate of acceptance receipt of the executed works result (the rendered services), being an integral part of the present Contract.
2. OBLIGATIONS EXECUTION GUARANTEE
2.1. In case of the third party conditions infringement of the transaction concluded by the Agent on behalf of the Principal, the Agent is obliged to notify the Principal immediately, to collect and provide the necessary proofs for the third party penalty sanctions.
2.1. In case of the third party conditions infringement of the transaction concluded by the Agent on behalf of the Principal, the Agent is obliged to notify the Principal immediately, to collect and provide the necessary proofs for the third party penalty sanctions.
3. PARTIES OBLIGATIONS
3.1. For the compensation preliminary coordinated by the Parties the Agent undertakes:
3.1. For the compensation preliminary coordinated by the Parties the Agent undertakes:
3.1.1. To execute the Assignment the Contract according to the given Requirement Specification (inquiry) for Independent estimation . All the Principal instructions deviations the Agent should coordinate with the Principal. The Agent has the right to recede from the instructions if (on business circumstances) it is necessary in interests of the Principal and the Agent could not preliminary request the Principal or did not receive the answer to the inquiry in time. All the Principal instructions’ deviations, the Agent should coordinate with the Principal.
3.1.2. To inform the Principal if required of all data on the Principal’s Assignment execution course under the present Contract and immediately transfer the received in connection with the Assignment execution.
3.1.3. To carry on negotiations and to conclude the present Contract connected transactions.
3.1.4. To fulfill other Principal assignments preliminary coordinated by the Parties.
3.2. The Principal undertakes:
3.2.1. to give the Agent the Requirement Specification (inquiry) on estimation carrying out before the work(services rendering) is performed
3.2.2. to accept the Agent executed according to the present Contract conditions within 1 (One) day.
3.2.3. to pay out Agent remuneration connected
with the Principal assignment execution.
3.2.4. in case the Agent needs
to conclude one or several transactions or legally significant actions on
behalf of the Principal, the Principal is obliged to provide the Agent by the
corresponding power of attorney.
3.2.5. 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 Agent, in the absence of disagreements, they shall
be signed and one copy of signed documents shall be returned to the Agent.
4. COMMISSION AND PAYMENTS PROCEDURE
4.1. The Agent compensation under the present Contract makes 00 RUB.
4.1. The Agent compensation under the present Contract makes 00 RUB.
5. GUARANTEE AND ASSURANCE
5.1. The Principal to the Agent guarantees:
5.1.1.the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
5.2.2.at the moment of signing the present Contract, it (the Principal) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed;
5.2. the PARTIES assure that:
5.2.1 In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.2.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Contract as they had equal
negotiating power;
5.2.1.2. the terms of the present Contract were defined by the both Parties;
5.2.1.3. the negotiating power equality is evident;
5.2.2. the present Contract conditions are not defined by them in forms or any other standard patterns;
5.2.3. there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
5.2.4.the present Contract is not a version of a Connection contract.
5.1. The Principal to the Agent guarantees:
5.1.1.the present Contract is not a mock or an artificial transaction made by violent influence such as delusion, deceit, violence, threat or ill-intentioned agreement of one side representative from another;
5.2.2.at the moment of signing the present Contract, it (the Principal) is absolutely competent and able to comprehend the sense of its actions which are in control and accurately directed;
5.2. the PARTIES assure that:
5.2.1 In accordance with the para. 3 of the article 428 of the Russian
Federation: Civil code:
5.2.1.1. neither Party was put in a position that comprises a significant
hindrance to agreement upon another contents of particular terms
of the present Contract as they had equal
negotiating power;
5.2.1.2. the terms of the present Contract were defined by the both Parties;
5.2.1.3. the negotiating power equality is evident;
5.2.2. the present Contract conditions are not defined by them in forms or any other standard patterns;
5.2.3. there is a right to make changes to the present Contract when each change is under agreement to an opposite side;
5.2.4.the present Contract is not a version of a Connection contract.
5.2. the PARTIES assure that:-the present Contract conditions are not defined by them in forms or any other standard patterns;-there is a right to make changes to the present Contract when each change is under agreement to an opposite side;-the present Contract is not a version of a Connection contract.
6. PARTIES RESPONSABILITIES
6.1. In case of obligations breach the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum specified in article 4.1 of the present Contract.
6.1. In case of obligations breach the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum specified in article 4.1 of the present Contract.
6.2. In case of obligations breach, the Principal pays to the Agent fine (penalty fee) at a rate of 0,05% from the sum, specified in article 4.2 of the present Contract o per every day of delay.
6.3. Penalty payment does not release the Parties from obligations execution taken up according to the present Contract.
6.4. The AGENT shall have the right to suspend the fulfilment of obliga-tions under this Contract until the corresponding violations are elim-inated in the following cases:
6.4.1. in case of signing of the Contract with the Statement of Disa-greements by the PRINCIPAL without prior harmonization of these disagreements with the AGENT;
6.4.2. In case of PRINCIPAL breach of the Contract and/or Annexes thereto, provided for in par. 4.5 of the Contract;
6.4.3. In case of PRINCIPAL breach of the procedure for signing the Contract and/or Annexes thereto, provided for in par. 9.7. of the Con-tract.
7. FORCE-MAJEUR
7.1. At force majeur circumstances occurrence that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
7.1. At force majeur circumstances occurrence that the PARTIES consider as complicating for the present Contract execution such as military actions, acts of nature, epidemics, prohibitive certificates of the state bodies, judicial certificates, fires, earthquakes and flooding, the PARTIES are then released from the responsibility for wrong time obligations execution according to the present Contract for the period of such circumstances action but on condition of the immediate notice of the above-stated circumstances approach to other PARTY.
8. DISPUTES RESOLUTION ORDER
8.1. The Parties came to an agreement that all disputes between them in the pre-trial order will be resolved through negotiations in compliance with the claim procedure.
8.2. If the claim is received, the Party is obliged to review it and forward the response to the claiming party within twenty (20) business days from the date of receipt of the claim. If the claim is left without consideration (no reply has been received), as well as in case of refusal of its satisfaction (full or partial), the Party submitting the claim, starting from the twenty-first (21) business day from the date of receipt of the claim by the other Party, has the right to refer the dispute to the court in accordance with paragraph 8.3 of this Agreement.
8.3. Any arguments appearing or that might appear upon the present Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), 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.
8.1. The Parties came to an agreement that all disputes between them in the pre-trial order will be resolved through negotiations in compliance with the claim procedure.
8.2. If the claim is received, the Party is obliged to review it and forward the response to the claiming party within twenty (20) business days from the date of receipt of the claim. If the claim is left without consideration (no reply has been received), as well as in case of refusal of its satisfaction (full or partial), the Party submitting the claim, starting from the twenty-first (21) business day from the date of receipt of the claim by the other Party, has the right to refer the dispute to the court in accordance with paragraph 8.3 of this Agreement.
8.3. Any arguments appearing or that might appear upon the present Contract (specific legal relation) between the PARTIES also connected with its conclusion, execution (non-execution or incorrect execution), 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.
9. OTHER PROVISIONS
9.1. The Principal enters the present Contract not aiming to receive any results, data, information etc. for personal, family or any domes-tic usage. The Principal carries out business activity only.
9.2. The PARTIES take strict confidentiality concerning all available in-formation, and any data, except for necessary data for the present Contract of agency fulfillment, will not be divulged.
9.3. Upon the rest that it is not specified by the present Contract, the Parties are guided by the current legislation of the Russian Federa-tion.
9.4. After signing the present Contract all the previous negotiations and correspondence lose the force.
9.5. All changes, additions, agreements and attachments to the present Contract are its integral part and considered valid if they are signed by both Parties. Thus received by the Principal the faxes admit valid, if there is a signature of the Agent in the fax and it is undersigned and pressed by the Principal as well. The Principal also has the right to direct to the Agent facsimile communication documents, thus the fact of acknowledgement of the document direction and reception is an extract from a log-book of proceeding faxes of the Principal, the duty is assigned to the Principal. All other correspondence of the parties is carried out by certified mails with the notification upon receipt. Facsimile copies of the present Contract are admitted valid observing the conditions specified in the present article of the present Contract concerning the faxes.
9.6. The Principal has not right to transfer the rights upon the present Contract to the third parties without the Agent written approval.
9.7. When signing this Agreement, each page thereof shall be subject to requisite handwritten signature.
9.8. 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.
9.9. If any inconsistency in text in different languages of this Agreement is present, it should be ruled by the Russian language version.
9.10. The present Contract comes into effect from the moment of its sign-ing by both parties and is in force till the moment of the parties ac-cepted obligations execution.
9.11. The present Contract comes into effect from the moment of its sign-ing by both parties and is in force till the moment of the parties ac-cepted obligations execution.
10. ADDRESSES AND SIGNATURES OF THE PARTIES
AGENT
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.
PRINCIPAL
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
10. ADDRESSES AND SIGNATURES OF THE PARTIES
AGENT
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.
PRINCIPAL
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
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