AGREEMENT No. _____
Maintenance of PVC windows
Khabarovsk "___" _________ 2012
Hereinafter referred to as the "Customer", represented by the director _____________, acting on the basis of the Charter on the one hand, and the "MASTER WINDOWS Repair Bureau", hereinafter referred to as the "Contractor", represented by
Acting on the basis of the Charter, on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor assumes obligations to provide services and perform work on the maintenance of PVC windows (structures, mechanisms) at the request of the Customer in order to ensure their proper functioning, as well as the correct operation of all structures and mechanisms, and the Customer undertakes to accept the services rendered and the result of the work and pay for them.
1.2. Scheduled maintenance - comprehensive maintenance of all windows and structures of the Customer in the form of services and works provided for in clause 2.1. of this Agreement, carried out by the specialists of the Contractor at least 2 times a year from the date of signing this Agreement.
1.2. The customer, if necessary, calls the Contractor's specialist by sending a written or oral application.
2.1. Maintenance of windows and other PVC structures includes:
2.1.2. Fittings lubrication
2.1.3. Fittings adjustment
2.1.4. Replacing the sealing rubber
2.1.5. Replacing fittings
2.1.6. Replacement of components
And other types of work that contribute to the trouble-free operation of windows and other PVC structures.
2.2. If the Customer has a need for other types of repair (restoration) work caused through no fault of the Contractor, the Contractor shall provide these services upon a separate request from the Customer and at a separately agreed cost of services and works according to the price list (Appendix 1).
3. PRICE AND PAYMENT PROCEDURE
3.1. Settlements between the Customer and the Contractor are made either by bank transfer or in cash within 5 days from the receipt of the invoice issued by the Contractor.
3.2. The cost of services and works on maintenance windows and other PVC structures are agreed with the Customer and indicated in (Appendix 1).
3.2. In cases arising in accordance with clause 2.2. Of the Agreement, payment for each type of work is carried out according to the price list on the basis of the invoice issued by the Contractor. In this case, an advance payment of at least 30% of the total cost additional work and materials. The remaining 70% are paid no later than 10 days from the date of signing the Acceptance Certificate for works and services.
4. PROCEDURE FOR DELIVERY AND ACCEPTANCE OF PERFORMED WORKS AND RENDERED SERVICES
4.1. Upon completion of the work, the parties, no later than three days, draw up an acceptance certificate for the work and services, where they indicate the number of serviced windows and structures, the type of work performed.
4.2. In the case of a motivated written refusal From the signing of the acceptance certificate and payment of the invoice issued by the Contractor due to defects or poor-quality performance of work and the provision of services admitted by the Contractor, the parties draw up a bilateral act with a list of necessary improvements and the timing of their implementation.
A reasoned refusal must be provided by the Customer no later than three working days from the moment the Contractor presents the result of the services rendered, as well as the Acceptance Certificate for the work and services. Otherwise, the services rendered will be considered accepted by the Customer without comments and suggestions in in full.
4.3. If, in the process of scheduled maintenance (or at the request of the Customer), a specialist of the Contractor reveals the need to carry out those not provided for in clause 2.1. Contracts of works and services, the ignoring of which may inevitably entail negative result or in which further repair work becomes impractical, the Contractor is obliged to suspend the work, notifying the Customer about it within 2 days after the suspension. In this case, the parties are obliged, within 5 days, to consider the feasibility of additional work, provided for in clause 2.2. Of the contract.
5. RESPONSIBILITY OF THE PARTIES
5.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the Contractor and the Customer are liable in accordance with the terms of this Agreement, as well as current legislation.
5.2. For late payment for the services rendered by the Contractor, the Customer pays a penalty in the amount of 3% of the amount owed for each day of delay in the corresponding payment.
5.3. For untimely services provided by the Contractor, including in connection with an unjustified refusal to fulfill the obligations assumed, the Contractor pays the Customer a penalty in the amount of 3% of the cost of paid and accepted services (works).
6. WARRANTY OBLIGATIONS
6.1. In case of revealing the need for additional work as part of the planned maintenance of the Customer, as well as the occurrence of shortcomings of the planned maintenance already performed by the Contractor during the validity of this Agreement, the Contractor undertakes to carry out the appropriate work on the repair and adjustment of PVC windows and structures, as well as to eliminate the identified deficiencies in a reasonable term.
6.2. For the result produced in accordance with clause 2.2. Contracts for services and works The Contractor establishes a warranty period - 1 month from the date of signing the Certificate of acceptance of works and services.
6.3. The materials and mechanisms installed by the Contractor have a warranty period of 1 year from the date of signing the Acceptance Certificate for works and services.
6.5. The Contractor does not bear any warranty and other obligations arising from the provisions of this agreement in the event that the Customer, without agreement with the Contractor, will engage third parties to carry out repair and other work directly related to the operation and functioning of PVC windows (structures, mechanisms).
6.6. The provisions of this section of the Agreement are valid only if the Customer meets the requirements technical regulations operation of windows and other serviced PVC structures, including the mechanisms specified in the act of required work.
7. OTHER CONDITIONS
7.1. This agreement has been drawn up in duplicate, one for each party.
7.2. The customer has the right to withdraw from this contract, notifying the Contractor no later than 20 calendar days.
8. DURATION OF THE CONTRACT
8.1. This agreement is valid from "___" _________ 2011 to "___" __________ 2012
9. ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer executive:
9. SIGNATURES OF THE PARTIES
Customer executive:
____________/________________ /________________
Annex 1
Specification for routine maintenance of plastic (aluminum) windows and doors
Name | Cost per unit rev. | ||||
Customer executive:
Work on the specification agreed upon: signature Prepared by: signature
(Full name of the customer's representative) (Full name of the contractor)
From the article you will learn:
According to sales statistics, plastic windows on Russian market still remain the most popular among products of this kind. and light-transmitting ones have not yet won super popularity among our buyer. Today, installing a plastic window in a house is the most profitable option in terms of price / quality ratio.
In any city today, many firms are engaged in the sale and installation of plastic windows. At the same time, the content agreement concluded with the buyer is different for everyone. What you need to know and what should be spelled out in it will be described in detail in this article.
Why do you need a contract for the installation of plastic windows.
To avoid troubles associated with the payment procedure, poor quality, installing them in contradiction with the rules determined by GOST and implementation warranty obligations- for all this it is necessary to conclude an agreement.
Under general concept the contract is hiding two of its components at once: contract of purchase and sale of a window and a contract for its installation.
What should include a window sale and purchase agreement.
The obligation of the company for the sale and purchase of PVC products must be competently drawn up from a technical and legal point of view. The materials used, names of manufacturers, components, dimensions must be indicated accurately, without errors and the possibility of double reading.
If there is one consisting of several cameras, their number must certainly be indicated. Also, the contract must prescribe brand and color of used fittings.
A prerequisite for the execution of the window sale and purchase agreement is item about delivery time finished product to the apartment. This is an important circumstance, since if the delivery time is not met, you will have every right to refuse the perfect purchase (for example, you were promised to bring windows in October, but in fact they brought you in frosty December - a month when, due to negative temperatures outside, in a priori impossible).
Drawing up a contract for the installation of PVC windows.
In this document, the following points are required for the production of work:
- dismantling of old structures (if required);
- installation of windows (No. GOST);
- finishing of slopes;
- installation of window sills;
- installation of ebb tides;
- (if available).
Each item should be thoroughly scheduled and supported. cost calculations.
In addition, the contract for the installation of PVC windows prescribes payment order... There are two options for depositing funds - with full payment and with partial (the buyer makes an advance at the order stage, and he pays the final amount upon completion of the installation).
Also, the contract for plastic windows contains a clause regarding buyer's obligations... It signs the need to provide free access to the window opening, the presence of sufficient illumination at the installation site of the window structure, the procedure for the final calculation, etc.
The contract for the installation of plastic windows must also include a guarantee of the operability of the installed structure. Usually the warranty period for PVC windows is three years.
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor carries out the installation of PVC windows, in accordance with the completed Order (Appendix No. 1 to this Agreement, which is an integral part of the Agreement).
1.2. The Customer undertakes to timely sign Appendix No. 1 to this Agreement, to provide the Contractor with the proper conditions at the facility for the implementation of this Agreement, to accept and pay for the work performed by the Contractor in accordance with this Agreement.
1.3. All the wishes of the Customer are recorded in Appendix No. 1, oral agreements do not have the force of the Agreement.
1.4. If the Customer wishes to make changes after signing Appendix No. 1 to the Agreement, these changes are recorded in writing in Appendix No. 2 and are paid additionally.
2. PROCEDURE FOR PERFORMANCE OF THE CONTRACT
2.1. The contractor performs installation based on the following order:
2.1.1. The Customer agrees with the Contractor the volume and price of work, in the installation order Appendix No. 1 on the basis of which the Contractor prepares and submits to the Customer the following documents:
- Agreed order and installation diagram (Appendix # 1 to this Agreement).
- Contract for the installation of PVC windows.
2.1.2. After the Customer signs this Agreement and Appendix No. 1, the Agreement is deemed to have entered into force.
2.1.3. Installation is carried out within working days.
2.2. The customer accepts the work of the Contractor for the installation "" in 2019.
2.3. The Customer is obliged to pay the Contractor the cost of the work performed in accordance with this Agreement and Appendices No. 1, No. 2 to this Agreement, upon completion of the installation.
H. PRICE AND AMOUNT OF THE CONTRACT
3.1. Payment is made at the prices of this Agreement and includes the cost of PVC products and installation work in accordance with Appendices No. 1, No. 2.
3.2. The total amount of the contract is rubles.
3.3. The advance payment is rubles.
4. PAYMENT PROCEDURE
4.1. Upon signing this Agreement, the Customer pays an advance payment.
4.2. After the completion of work under this Agreement, the Customer pays the Contractor the remainder of the total amount of this Agreement, which is rubles.
4.3. All settlements between the Contractor and the Customer under this Agreement are made in rubles on the basis of the legislation of the Russian Federation.
5. RESPONSIBILITY OF THE PARTIES
5.1. The parties are not entitled to transfer their rights and obligations to fulfill the terms of this Agreement to third parties without the written consent of the other party.
5.2. In case of violation of the deadline for the delivery of the work performed, specified in this Agreement, through the fault of the Contractor, the Contractor shall pay the customer a penalty in the amount of% of the amount of the Agreement for each day of delay, but not more than% of the amount of the contract. If the deadline for the completion of the work performed is violated through the fault of the Customer (the Customer did not provide timely access to the Contractor's employees and the proper conditions for the Contractor to fulfill this contract), the Customer pays the Contractor a penalty in the amount of% of the Contract amount, for each day of delay, but not more than% of the contract amount ...
5.3. The Customer is obliged, upon signing the Agreement, to check and approve the installation sites, the configuration of the structure, as reflected in Appendix No. 1. After signing the Agreement and Appendix No. 1, the Customer's claims regarding configuration and design are not accepted.
5.4. The contractor is only responsible for the work performed. In case of violation of the technology of the device at the Customer, the Contractor is obliged to notify the Customer in writing in Appendix No. 2, the Contractor is not responsible for the quality of work in this case.
6. CIRCUMSTANCES OF OUTSTANDING FORCE (FORCE MAJEURE)
6.1. In case of force majeure (fire, flood, earthquake and other natural disasters, riots, strikes, as well as regulations organs government controlled etc.), if they influenced the fulfillment of obligations by the parties, the parties are not liable. At the same time, the terms of performance of work under this Agreement are postponed in proportion to the duration of the above circumstances. force majeure if they influenced the timely implementation of the Agreement.
7. DURATION OF THE CONTRACT
7.1. This Agreement comes into force from the moment of its signing and is valid until the execution of the Agreement by both parties.
7.2. The Contractor guarantees to the Customer that the installation work will be carried out with proper quality for a period of months.
8. ADDITIONAL TERMS
8.1. The property liability of the parties is regulated in accordance with the current legislation of the Russian Federation. All disputes and disagreements that may arise between the parties are resolved by agreement. If the parties cannot come to an agreement, then all disputes are resolved in the prescribed manner in accordance with the current legislation of the Russian Federation.
8.2. The Contractor reserves the right to carry out photo control of the production installation works.
8.3. The contract is drawn up in 2 copies, one of which is with the Contractor, and the second with the Customer.
8.4. All changes and additions to this Agreement are made only by mutual agreement of the parties and are made in writing.
8.5. Early termination of this Agreement is made only by mutual agreement of the parties, and is drawn up in writing.
8.6. The Customer must submit claims for the quality of installation work to the Contractor only in writing.
8.7. From the moment of signing this Agreement, oral agreements become invalid.
9. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer Registration: Postal address: Passport series: Number: Issued by: By: Phone:
Executor Yur. address: Postal address: INN: KPP: Bank: Settlement / account: Correspondent / account: BIK:
10. SIGNATURES OF THE PARTIES
Customer _________________
Contractor _________________
Please note that the work contract was drawn up and checked by lawyers and is approximate, it can be revised taking into account specific conditions transactions. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with legal requirements Russian Federation.
CONTRACT No. ____________ Date of conclusion: ____.____._______
Limited Liability Company "_____________________________________",
Citizen (s) _____________________________________________________________________
(Full Name)
resident at:
_________________________________________________________________________________
having an identity document:
Passport. series: ___________, N: ____________, date of issue: ____________, issued by: ________________________________ hereinafter referred to as "Customer", on the other hand, have entered into this agreement as follows:
1. The Subject of the Agreement
1.1. In accordance with and under the terms of this agreement, the Contractor undertakes to perform for the Customer the work on the manufacture, delivery and installation (installation) of metal-plastic structures * from the PVC profile of the company __________________ (hereinafter referred to as products), and the Customer undertakes to create conditions for the Contractor to properly perform the named works, to accept the results work performed and pay for them.
1.2 The Contractor undertakes to perform the work in the manner and on the terms agreed by the parties in the order invoice, which is an integral part of this agreement. The contractor performs work in compliance with the mandatory requirements of GOST 30674-99 "Window blocks from PVC profiles", GOST 23166-99 "Window blocks. General technical conditions", GOST 30971-02" Seams of assembly joints of joining window blocks to wall openings ".
1.3. The Contractor guarantees the preservation of the quality and performance of the products, provided that the Customer observes the operating rules specified in the Warranty Card for the products, during the following warranty periods:
- for metal-plastic structures within ______ years, from the date of transfer to the Customer;
- for installation within ________ years, from the moment of transferring the results of work to the Customer (guarantees do not apply to products measured, delivery and installation of which the Contractor did not carry out).
1.4. The Contractor guarantees that all materials and components used in the products have the appropriate certificates and permissions. The contractor guarantees that the quality of the work performed meets the mandatory requirements state standards Russian Federation. At the time of the conclusion of this agreement, the Customer was warned by the Contractor that:
- The specific composition and scope of work performed in accordance with this contract is indicated in the Invoice-order.
- In the event of a change in the design of products relative to the existing architectural solution of the building, it is necessary to obtain approval from the relevant authorities state power Krasnodar;
- the use of non-opening sashes in window blocks of residential premises above the first floor is not allowed, except for sashes with dimensions not exceeding 400x800 mm, as well as in products overlooking balconies (loggias) if there are devices for ventilation of premises in such structures.
1.5. The Contractor undertakes to install the products at the following address specified by the Customer:
____________________________________________________________________________
2. Obligations of the parties
2.1. The customer undertakes:
2.1.1.Precisely formulate the terms of the order. Carefully read the measurement sheet. If you have any questions, clarify them with the measurer and, if necessary, require the appropriate changes to be made to the measurement sheet. Check the compliance of the data specified in the measurement sheet with the data of the Invoice-order. Sign the measurement sheet and Invoice-order. From the moment the parties sign the above documents, the terms of this agreement on the volume, procedure and conditions for the performance of work are considered agreed and come into force. The Contractor is not responsible for the correctness and reliability of measurements provided by the Customer independently or performed at the request of the Customer by third parties.
2.1.2. Provide the Contractor the necessary conditions to perform work, including: obtaining all permits and approvals necessary for the installation of products, ensuring access of the Contractor's employees to the place of installation of products specified in clause 1.5 of this agreement, at the time agreed by the parties; provision of lighting for the work site; ensuring the connection of the Contractor's tools to electrical network(220 V, 50 Hz); freeing the place of installation of products from unnecessary items, including: ensuring a free approach to window and (or) doorways; sheltering furniture, floors, walls and other property from construction waste, cleaning fire hazardous items from the work site.
2.1.3 On the days of delivery and installation, at the time agreed by the parties, be at the place of work or ensure the presence of a capable representative to take actions to accept the results of the work performed.
In the absence of the Customer (his representative) at the place of work, the terms of delivery and installation of products are transferred by the Contractor in accordance with his production schedule and re-agreed with the Customer. Repeated delivery of products and departure of the assembly team are paid by the Customer additionally.
Downtime of a team of installers caused by the Customer's failure to fulfill the obligations stipulated in clause 2.1.2 is paid at the rate of __________ rubles per person / hour.
2.1.4. Ensure the safety of the acceptance certificate and present it to the foreman of the installers for processing upon request.
2.1.5. Accept the results of the work performed by the Contractor. If there are any claims to the quality of the work performed, indicate them in the Certificate of acceptance of work. In case of loss of the acceptance certificate of works and (or) refusal to sign it, the works are considered to be actually accepted. The Contractor will not be considered for any claims regarding deficiencies not specified in the acceptance certificate.
2.1.6. Pay for the work on time and in full.
2.2. The Contractor undertakes:
2.2.1. Perform works from their materials, in the manner and on the conditions specified in the Invoice-order.
2.2.2. To complete the work on time agreed by the parties. The dates for the completion of individual stages of work are given on the first page of this agreement.
2.2.3. Issue a Passport for installed products after the Customer has fulfilled all the terms of this agreement.
2.2.4. Put construction waste left after dismantling old products and installing new ones in bags. Removal and removal of garbage left after dismantling old products and installing new products is carried out by the Customer.
2.3. The transfer of the results of the work by the Contractor and their acceptance by the Customer is recorded:
- work on the manufacture and delivery of products in the consignment note;
- work on the installation of products and additions, finishing of slopes in the Acts of delivery and acceptance of works.
3. The cost of work and the procedure for settlements.
3.1. The total cost of the work is agreed by the parties and is given in the Invoice-order. Settlements between the parties are made in Russian rubles.
3.2. The customer undertakes to pay as agreed by the parties total price in the following order: 70% (seventy) percent of the total cost of work is paid by the Customer in cash in cash to the Contractor's cashier at the time of signing this agreement. The remaining 30% (thirty) percent of the total cost of the work is paid by the Customer in cash to the Contractor's cashier on the next day after the acceptance of the work performed. Ownership of the products passes to the Customer from the moment of full payment. If the Customer does not comply with the deadlines for making an advance payment, the deadlines for performing work under this contract are postponed for the period of delay in payment.
4. Acceptance of results, work performed.
4.1. Acceptance of the results of the work performed is carried out in stages: acceptance of products, acceptance of the results of installation of products and additions, finishing of slopes.
4.2. The Contractor undertakes to deliver the finished products to the address specified in clause 1.5 of this Agreement within the time specified in the "Delivery Date" column and present the products to the Customer for inspection and quality control. The customer is obliged, with the participation of a representative of the Contractor, to inspect the products, check their quality and compliance of the products with the conditions of the Invoice-order. If the Customer has no complaints about the quality and compliance of the products with the conditions of the Invoice-order, the Customer is obliged to sign the invoice. If the Customer has complaints about the quality and compliance of the products with the conditions of the Invoice-order, appropriate marks are made on the back of the waybill, certified by the signature of the Customer (his representative) and the signature of the Contractor's representative. Elimination of the identified deficiencies is carried out by the Contractor free of charge within a reasonable time, not exceeding 10 (ten) working days from the date of signing the invoice. In exceptional cases (lack of necessary materials, components and similar circumstances beyond the control of the Contractor), the period for eliminating deficiencies may be increased, but not more than by 10 (ten) working days. From the moment of signing the invoice, the product is in custody at the Customer and the risk of accidental loss or damage to the product passes to the Customer.
In case of unreasonable refusal of the Customer to sign the invoice, the product is returned to the Contractor's warehouse and is held by the Contractor until the dispute is resolved. Re-delivery of the product is carried out at the expense of the Customer, and the installation of the product is carried out after one hundred percent payment of the total cost of work and additional costs incurred by the Contractor as a result of the Customer's unjustified refusal to accept the work performed.
4.3. After completing each stage of work (installation of products, installation of additions, finishing of slopes), the Customer is obliged, together with the representative of the Contractor, to inspect and check the quality of the work performed, and in the absence of complaints, sign the Acceptance Acts of the corresponding stage. *
If the Customer has complaints about the quality of work, the parties make appropriate marks in the Acceptance Acts.
Elimination of work deficiencies is carried out within the time frames provided for in clause 4.2 of this contract.
5. Responsibility of the parties
5.1. All disputes and disagreements under this agreement are resolved by the parties through negotiations. If the parties do not come to a common agreement, the dispute is referred to the court in accordance with the legislation of the Russian Federation.
5.2. For non-fulfillment or improper fulfillment of obligations, the parties are responsible in accordance with the current legislation of Russia.
5.3. For untimely or incomplete payment for the work performed, the Customer is responsible in the form
penalty in the amount of 0.1% (zero point one tenth of a percent) of the amount payable for each day of delay in payment, but not more than the total cost of work.
5.4. The Contractor shall not be liable for non-compliance of the results of the work performed with the requirements specified in clause 1.4 of this agreement, if, despite the warning made, the Customer does not change his requirements before signing in the Invoice-order.
* In the event that the Invoice-Order does not provide for the obligation to perform work on sealing the slopes, the Contractor does not carry out waterproofing and vapor barrier works for the assembly seam. In this case, the Customer alone bears the risk negative consequences from the lack of such isolation.
6. Final provisions
6.1. This agreement comes into force from the moment of signing and is valid until the parties fully fulfill their obligations.
6.2. In everything else that is not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.
7. List of documents that are an integral part of this agreement.
7.1 Measurement sheet.
7.2. Invoice-order.
7.3 Invoice.
7.4. Delivery and acceptance certificates.
7.5. Product passports.
7.6 Warranty Card.
The invoice-order and two copies of the acceptance certificate were handed over to the Customer at the time of signing this contract. One copy of the acceptance certificate after signing by the parties shall be returned to the Contractor. In case of failure to return one copy of the acceptance certificate to the Contractor, the Customer will not be issued with product passports. In this case, the issuance of product passports is carried out only after the restoration of the acceptance certificate of the work performed.
8. Details and signatures of the parties.
