Contract agreement: sample filling, download form. Completed sample construction contract

Construction contract. Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver the result to the customer, and the customer undertakes to accept the result of the work and pay for it.

To certain types of contract (household contract, construction contract, contract for the implementation of design and survey work, contract work for state needs) the provisions provided for in this paragraph apply, unless otherwise established by the rules of the Civil Code on these types of contracts.

A construction contract is concluded for the manufacture or processing (processing) of a thing or for the performance of other work with the transfer of its result to the customer.

Under a contract concluded for the manufacture of a thing, the contractor transfers the rights to it to the customer.

Unless otherwise provided by the contract, the contractor independently determines how to complete the customer’s assignment.

If the law or the contract does not provide for the contractor’s obligation to perform the work provided for in the contract personally, the contractor has the right to involve other persons (subcontractors) in the performance of his obligations. In this case, the contractor acts as a general contractor.

A contractor who has engaged a subcontractor to perform a work contract in violation of the provisions of paragraph 1 of Article 706 of the Civil Code or the contract shall be liable to the customer for losses caused by the subcontractor’s participation in the execution of the contract.

The general contractor is responsible to the customer for the consequences of non-fulfillment or improper fulfillment of obligations by the subcontractor in accordance with the rules of paragraph 1 of Article 313 and Article 403 of the Civil Code, and to the subcontractor - responsibility for the non-fulfillment or improper fulfillment by the customer of obligations under the work contract.
Unless otherwise provided by law or contract, the customer and the subcontractor do not have the right to make claims against each other related to the violation of contracts concluded by each of them with the general contractor.

With the consent of the general contractor, the customer has the right to enter into contracts for the performance of certain works with other persons. In this case, these persons are responsible for non-performance or improper performance of the work directly to the customer.

For construction and finishing work

Moscow “__”________ 20__

___________ (name of the customer organization)______________, hereinafter referred to as the “Customer”, represented by _____________ (last name, first name, patronymic, position) _____, acting on the basis of __________ (Charter, regulations)_______________, on the one hand, and ______________ (name of the organization) __________, hereinafter referred to as the “Contractor”, represented by General Director Full name, (last name, first name, patronymic, position) acting on the basis of _________ (Charter, regulations)_____________, have entered into this Agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. Under this Construction Contract, the Contractor undertakes, within the period established by the Contract, to carry out construction and finishing work and installation of equipment in the following premises of the building at the address: ______________, and the Customer undertakes to accept the work performed and pay the price stipulated by the Contract. Improvements made by the Contractor in the premises specified by the Customer in the form of installed equipment, finishing and similar improvements are hereinafter referred to as the “Object of the Contract” or “Object”.
1.2. In addition, the Contractor undertakes, during the execution of work, to select construction organizations to perform subcontracted work, as well as to study the market for construction and other materials and other construction products and provide relevant information to the Customer.
1.3. Upon completion of the work, the Contractor hands over, and the Customer accepts the work performed by the Contractor under the Certificate. For work performed by subcontractors and other contractors of the Contractor, the Contractor is responsible as for his own work.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor is obliged to carry out the work provided for in this Construction Contract in accordance with the technical documentation defining the volume, content of the work and other requirements for it, and with the estimate determining the price of the work. The composition and content of technical documentation are determined in Appendix 1 to this Agreement. Technical documentation is submitted ____________________________.
2.2. If, during the execution of the work stipulated by the technical documentation, the Contractor discovers work not taken into account in the technical documentation and, in connection with this, the need to carry out additional work and increase the estimated cost of the work, he will be obliged to inform the Customer about this.
2.3. If the Customer does not receive a response to his message within ten days, the Contractor is obliged to suspend the relevant work and attribute losses caused by downtime to the Customer’s account. The customer is exempt from compensation for these losses if he proves that there is no need for additional work.
2.4. If the Contractor fails to fulfill the obligation established by clause 2.3 of this Construction Contract, he is deprived of the right to demand from the Customer payment for additional work performed by him and compensation for losses caused by this, unless he proves the need for immediate action in the interests of the Customer, in particular due to the fact that the suspension work could lead to death or damage to the construction site.
2.5. If the Customer agrees to carry out and pay for additional work, the Contractor will have the right to refuse to perform it only in cases where it is not within the scope of professional activity of the Contractor or into the scope of activities of its subcontractors and other counterparties or cannot be performed by the Contractor and its subcontractors (counterparties) for reasons beyond their control.
2.6. The customer has the right to make changes to the technical documentation provided that the additional work caused by this does not exceed ten percent of the total cost of work indicated in the estimate and does not change the nature of the work provided for in this Agreement.
2.7. Changes to the technical documentation greater than those specified in clause 2.6 of the Agreement are made on the basis of an additional estimate agreed upon by the parties. If, for reasons beyond the Contractor’s control, the cost of work exceeds the estimate by at least ten percent, he will have the right to demand a revision of the estimate.
2.8. If it is necessary to eliminate defects in the technical documentation, the Contractor will have the right to demand compensation for reasonable expenses that it incurs in connection with the identification and elimination of these defects.
2.9. The Contractor is responsible for providing the work with materials and equipment. By agreement of the parties, the Customer may assume the obligation to fully or partially provide the Contractor with necessary materials and equipment.
2.10. The party whose responsibility is to provide the work with materials and equipment is responsible for the discovered impossibility of using the materials or equipment provided by it without deteriorating the quality of the work performed, unless it proves that the impossibility of use arose due to circumstances for which the other party is responsible.
2.11. If it is discovered that it is impossible to use materials or equipment provided by the Customer without deteriorating the quality of the work performed and the Customer refuses to replace them, the Contractor will have the right to withdraw from this Agreement and require the Customer to pay the contract price in proportion to the completed part of the work.
2.12. The Customer has the right to monitor and supervise the progress and quality of the work performed, compliance with the deadlines for their completion, the quality of materials provided by the Contractor, as well as the correct use of the Customer’s materials by the Contractor, without interfering with the operational and economic activities of the Contractor.
2.13. The Customer, who, during the implementation of control and supervision of the work, discovers deviations from the requirements of the design and estimate documentation that may worsen the quality of the work, or other shortcomings, is obliged to immediately notify the Contractor about this. If the Customer does not make such a statement, he loses the right to further refer to the deficiencies discovered by him.
2.14. The Contractor is obliged to comply with the Customer’s instructions received during construction, unless such instructions contradict the terms of this Construction Contract and do not constitute interference in the operational and economic activities of the Contractor.
2.15. The Contractor must eliminate, at the request of the Customer and at his expense, defects for which the Contractor is not responsible. The Contractor has the right to refuse to fulfill the obligation specified in this paragraph in the event that the elimination of deficiencies is not directly related to the subject of this Agreement or cannot be carried out by the Contractor for reasons beyond its control.
2.16. The customer may, at any time before the delivery of the work result, refuse to execute this Construction Contract. In this case, the Customer is obliged to pay the Contractor part of the established price in proportion to the part of the work performed before receiving notice of the Customer’s refusal to perform the contract. The Customer will also be obliged to compensate the Contractor for losses caused by termination of this contract to the extent of the difference between the price determined for the entire work and the part of the price paid for the work performed.

3. PROCEDURE FOR ACCEPTANCE OF WORK. QUALITY REQUIREMENTS

3.1. Acceptance of work is carried out by the Customer within 3 days after receiving the Contractor’s message about readiness for delivery of the Object. The cost of acceptance of work is included in the estimate provided for in the Construction Contract and is paid by the Customer against the payment due to the Contractor. The amount of acceptance costs cannot exceed ___% of the estimated cost of the Object. If the Customer spends more money on acceptance of the Object than the amount specified in this paragraph, he will be obliged to pay all additional costs for acceptance at his own expense.
3.2. The delivery of the work by the Contractor and its acceptance by the Customer are documented in an act signed by both parties. If one of the parties refuses to sign the act, a note to this effect is made in it and the act is signed by the other party.
3.3. The Customer has the right to refuse to accept the work if deficiencies are discovered that cannot be eliminated by the Contractor or the Customer.
3.4. In case of improper performance of work, the Contractor has no right to refer to the fact that the Customer did not exercise control and supervision over their implementation.
3.5. The warranty period is set at ________ years. The Contractor is responsible for defects discovered within the warranty period, unless he proves that they occurred as a result of normal wear and tear of the object, improper repair of the object, carried out by the Customer himself or third parties involved by him.
3.6. The contractor is responsible to the customer for any deviations from the requirements stipulated in the technical documentation and in the building codes and regulations binding on the parties. The Contractor is not responsible for minor deviations from the technical documentation made without the Customer’s consent if he proves that they did not affect the quality of the construction project.
3.7. The risk of accidental loss or accidental damage to the Object in terms of improvements made under this Agreement by the Contractor, namely: equipment installed (or installed) by the Contractor, construction and finishing materials used or not used by the Contractor, finishing performed by the Contractor, etc. — until acceptance of the work by the Customer is borne by the Contractor.
3.8. If the finishing work or installation of equipment was performed poorly by the Contractor or was not completed due to the poor quality of the material or equipment provided by the Customer or the execution of erroneous instructions from the Customer, the Contractor has the right to demand payment of the entire cost estimate for the work provided that the Contractor has complied with the terms of this Agreement provided for in clause 3.9.
3.9. The Contractor is obliged to immediately warn the Customer and, until receiving instructions from him, to suspend work if it is discovered: unsuitability or poor quality of the material, equipment, technical documentation or other items provided by the Customer; possible adverse consequences for the Customer of following his instructions on the method of performing the work; other circumstances beyond the control of the Contractor that threaten the suitability or durability of the results of the work performed or make it impossible to complete it on time.
3.10. The Customer is obliged, within three days after receiving the Contractor’s notice of the circumstances specified in clause 3.9, to give instructions to the Contractor about further actions.
3.11. If the Customer, despite a timely and reasonable warning from the Contractor about the circumstances specified in clause 3.9, within a reasonable period of time does not replace unsuitable or substandard materials, equipment, technical documentation or other unsuitable things, does not change instructions on the method of performing the work or does not accept other necessary measures in order to eliminate circumstances preventing the Contractor from fulfilling its obligations in a high-quality and timely manner, the Contractor has the right to refuse to fulfill this agreement and demand compensation for losses caused by its termination in the amount of payment established by this Agreement for the entire scope of work.
3.12. If the Contractor does not warn the Customer about the circumstances specified in clause 3.9 of this Agreement, or continues work without waiting for the expiration of the warning period specified in clause 3.10 or contrary to the Customer’s timely instructions to stop work, he will not have the right, upon presentation to him or them to the Customer of the relevant requirements to refer to the specified circumstances.

4. PAYMENT PROCEDURE UNDER THE AGREEMENT

4.1. Payment for work performed under this Agreement is made by the Customer in the amount provided for in the estimate, namely: _______________________ rubles.
4.2. The Customer pays the Contractor an advance in the amount of ___________ rubles within _________ days after signing this Agreement. The final payment is made after the final delivery of the work by the Contractor to the Customer, provided that the work is completed properly and within the time limits established by this contract or ahead of schedule.

5. RESPONSIBILITY OF THE PARTIES

5.1. For non-fulfillment or improper fulfillment of obligations under this agreement, the parties are liable in accordance with current legislation Russian Federation. In this case, penalties are collected in addition to the amounts of compensation for losses.
5.2. If the customer fails to fulfill the obligation to pay the established price or other amount due to the contractor in connection with the performance of the contract, the contractor has the right to retain the balance of unused material belonging to the customer and other customer property in his possession until the customer pays the corresponding amounts.
5.3. If the Contractor's actual expenses turn out to be less than those taken into account when determining the price of the work, the Contractor retains the right to pay for the work at the price provided for in this contract, unless the Customer proves that the savings received by the Contractor affected the quality of the work performed.
5.4. In case of untimely transfer by the Customer of funds for payment under this Agreement, the Customer will be obliged to pay the Contractor a penalty at the rate of _____% per day for each day of delay of the amounts not paid on time.

6. POSTAL AND BANKING DETAILS OF THE PARTIES

6.1. Customer: ________________
6.2. Contractor: _______________

Signatures of the parties:
Customer: ________________
Contractor: _______________


A work contract is one of the types of civil law contracts (abbreviated as CPA). Sometimes situations arise in an organization when work cannot be completed by full-time employees. In this case, they conclude not an employment contract with the freelancer, but a civil contract. At the same time, it is important to draw it up correctly - so as to take into account all the differences from the labor document. How to do this, read the article.

Sample contract agreement with an individual

A civil contract is concluded in relation to activities that can be performed by an employee, including those on the staff of the institution. Company employees can also be involved in work that is not related to their main duties, both in the manner prescribed by law - primarily the Labor Code, and by concluding an agreement with a contractor.
The essential terms of a work contract are its subject, the material result of tasks performed on the instructions of the counterparty, which the contractor undertakes to complete by a certain date.

Below is a sample GPC (civil law) agreement.

A sample agreement with an individual can be downloaded at the end of the article.

The Civil Code of the Russian Federation provides for the following types of civil contracts:

  • household contract. The feature will be the purpose of the thing being created. It is used for personal, non-commercial consumption;
  • construction contract. The subject is buildings and structures. Moreover, both the creation of a new facility and its reconstruction, major repairs, installation and other works related to construction may be provided for;
  • contract for design and survey work. This type of work usually precedes the conclusion of a construction contract. Specifics: creation of technical documentation;
  • work for state and municipal needs. The customer will be a Russian state or municipal body that enters into a corresponding agreement with the contractor based on the results of the tender, the conduct of which is regulated by a special law.

The main condition of the contract is that it cannot be concluded with a person who will actually perform the functions of a full-time employee and obey internal rules and labor regulations. If it is revealed that the work contract covers labor Relations, then it is recognized as imaginary. In this case, the employer may be held administratively liable.

The falsity of the GPA can be revealed during an inspection:

  • tax inspectors;
  • representatives of the labor inspectorate, if an employee files a complaint about the unlawful conclusion of a labor contract with him instead of labor relations.

Differences between a contract and an employment contract

Often, inspection authorities try to prove that a contract with an individual was concluded unlawfully, and that the existing relationship is essentially an employment relationship. To avoid claims from regulatory authorities, it is necessary to fully take into account the main differences between relationships with a full-time employee and a contractor. These differences are presented in the table below. To avoid troubles, you can use the sample work contract given in the appendix to the article.

Employment contract

Civil contract

The purpose that is implied

Execution Process

Result

Relations of the parties

Subordination of the employee to the employer

Equality between customer and contractor

Who performs

An individual performs duties only in person, alone

It is allowed to involve a subcontractor

An employee regularly receives a salary based on the time worked or volume of work. Bonuses may also be provided

Remuneration is not regular. The performer receives a sum of money for a specific result. The remuneration can also be adjusted depending on the quality of the work - the customer has the right to accept or not accept the results of the work (ultimately the acceptance certificate is signed)

Terms and obligations

The employer is obliged to provide the employee with a workplace and all necessary equipment

Workplace the performer determines on his own initiative. Necessary equipment provides for himself

Regulation of the labor process

The employee obeys the rules internal regulations

The contractor works at a time convenient for him

Document flow

The employer issues an order for employment and makes a corresponding entry in work book employee

There are no additional documents other than the agreement itself and the results report.

Guarantees and compensation

The employee is provided with guarantees and compensation provided for by the Labor Code of the Russian Federation, payment for vacation, sick leave, benefits, etc.

Guarantees and compensations provided for by the Labor Code of the Russian Federation are not provided

Validity

As a rule, it is concluded for an indefinite period

Basically, it is one-time in nature. It is concluded for the performance of certain work, the provision of a service - indicating the cost of the work

Contract agreement of the Civil Code of the Russian Federation: contents and conditions

When determining the legally significant content of the GPA, it is necessary to be guided by the chapters of the Civil Code of the Russian Federation, and not Article 57 Labor Code RF. The contract (Civil Code of the Russian Federation) should not contain terms of labor law. Instead of the words “employer” and “employee”, the words “customer” and “performer” or “contractor” are used. The word “salary” is replaced by the concept “remuneration”. You cannot use the terms " work time", "rest time", "vacation". This is due to the fact that contractors - individuals The guarantees provided for by the Labor Code of the Russian Federation do not apply. For example, rights to paid leave, various benefits, sick pay, etc.

Personal income tax on remuneration to contractors

Personal income tax is withheld from payments to citizens under the GPA, since in this case the organization is recognized as a tax agent.
Remuneration (advance) is included in the tax base for personal income tax on the day of payment of the remuneration (advance) in cash or in kind (clause 1 Art. 223 Tax Code of the Russian Federation). In this case, it does not matter in which tax period the person will perform the work or provide the services. Tax is withheld on the day of actual payment of income, regardless of whether this payment is an advance payment or a final payment.

Insurance premiums from remuneration to contractors

Regardless of what tax regime the company applies, contributions to the mandatory pension (in Pension Fund) and health insurance ( Art. 420 Tax Code of the Russian Federation). These include GPA for the performance of work, the execution of an author's order, the transfer of copyright, and the granting of rights to use works. For other GPA (for example, under a lease agreement) accrue insurance premiums no need.
Contributions for compulsory social insurance are not charged to the Social Insurance Fund (subclause 2, clause 3, article 422 of the Tax Code of the Russian Federation).
Contributions for insurance against accidents and occupational diseases are charged only if the organization’s obligation to pay them is provided for by the GPD (paragraph 4 of article 5, paragraph 1 of article 20.1 of the Law of July 24, 1998 No. 125-FZ).

in a person acting on the basis, hereinafter referred to as " Contractor", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Customer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. According to this agreement, the Contractor undertakes to build, hereinafter referred to as the “Facility”, in accordance with the Technical Specifications (Appendix No.) and the Estimate (Appendix No.), and the Customer undertakes to create for the Contractor the conditions necessary to carry out the work, accept their result and pay the agreed price.

1.2. The terms of reference consist of the following technical documentation: .

1.3. Payment for work performed is made in the amount provided for in the Estimate, in the following order and within the following terms: .

1.4. The risk of accidental death or accidental damage to the construction project before its acceptance by the Customer is borne by the Contractor.

1.5. Duration of the contract: Start of work: "" year. Completion of work: "" year.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Contractor undertakes:

  • insure the risks of accidental loss or accidental damage to an object, materials, equipment and other property;
  • carry out construction and related work in accordance with the Technical Specifications and Estimates;
  • inform the Customer about the need to carry out additional work and increase the estimated cost of construction;
  • suspend the relevant work with attribution of losses caused by downtime to the Customer’s account if the Customer does not receive a response to his message about additional work and an increase in the estimated cost within ten days;
  • provide construction materials, including parts, structures, or equipment;
  • carry out the instructions of the Customer received during construction, if such instructions do not contradict the terms of this agreement and do not constitute interference in the operational and economic activities of the Contractor;
  • comply with the requirements of the law and other legal acts on the protection environment and about the safety of construction work.

2.2. The Contractor has the right:

  • demand, in accordance with Article 450 of the Civil Code, a revision of the Estimate if, for reasons beyond his control, the cost of the work exceeded the Estimate by at least %;
  • demand compensation for reasonable expenses incurred in connection with the identification and elimination of defects in the technical documentation.

2.3. The customer undertakes:

  • provide a land plot for construction in a timely manner (the area and condition of the land plot provided must ensure the timely start of work, its normal conduct and completion on time);
  • transfer to the Contractor for use the buildings and structures necessary for the implementation of the work, ensure the transportation of goods to his address, temporary installation of power supply networks, water and steam pipelines and provide other services: ;
  • payment for the services provided by the Customer, specified in the previous subparagraph of this paragraph, is carried out at following conditions: ;
  • If, during the implementation of control and supervision of the work, deviations from the terms of this contract are discovered that may worsen the quality of the work, or other shortcomings, immediately notify the Contractor of this (the Customer who has not made such a statement loses the right to subsequently refer to the shortcomings discovered by him) .

2.4. The customer has the right:

  • make changes to the technical documentation, provided that the additional work caused by this does not exceed ten percent of the total cost of construction indicated in the Estimate and does not change the nature of the work provided for in this contract;
  • exercise control and supervision over the progress and quality of work performed, compliance with deadlines for their completion (schedule), and the quality of materials provided by the Contractor, without interfering with the operational and economic activities of the Contractor.
3. SUBMISSION AND ACCEPTANCE OF WORK

3.1. The Customer, having received the Contractor's message about readiness for delivery of the results of the work performed under this contract, is obliged to immediately begin accepting them.

3.2. The customer organizes and accepts the result of the work at his own expense.

3.3. The delivery of the results of the work by the Contractor and their acceptance by the Customer are formalized by an act signed by both Parties. If one of the Parties refuses to sign the act, a note to this effect is made in it, and the act is signed by the other Party.

3.4. The Customer has the right to refuse to accept the result of work if deficiencies are discovered that exclude the possibility of its use for the purpose specified in this contract and cannot be eliminated by the Contractor or Customer.

4. FINAL PROVISIONS

4.1. If during construction and the performance of related work obstacles to the proper execution of this agreement are discovered, each of the Parties is obliged to take all reasonable measures within its power to eliminate such obstacles. The party that fails to fulfill this obligation loses the right to compensation for losses caused by the fact that the relevant obstacles were not eliminated.

4.2. The Contractor guarantees that the construction project will achieve the indicators specified in the technical documentation and the ability to operate the facility during the following warranty period: .

4.3. In everything else not regulated in this agreement, the Parties will be guided by the norms of the current civil legislation of Russia.

in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and gr. , passport: series, No., issued, residing at: , hereinafter referred to as “ Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor undertakes to perform the following work (provide services) specified in clause 2.1.1 of the agreement, and the Customer, in turn, undertakes to pay their cost in the manner established by this agreement.

1.2. The Customer undertakes to pay for the work (services) of the Contractor in the amount and for the period established in Section 3 of this agreement.

1.3. The Parties undertake to ensure the confidentiality of information that has become known to them in connection with the performance of work (provision of services) and which may harm the interests of the Parties.

1.4. In the process of performing work (providing services), the Contractor is obliged to familiarize himself with and adhere to labor protection, fire, sanitary and other standards specified in Appendix No. 1 to this agreement, established by the current legislation of the Russian Federation.

2. LIST OF WORKS (SERVICES)

2.1. The Contractor undertakes to perform the following work (provide services):

3. COST OF THE CONTRACTOR'S WORK (SERVICES). PAYMENT ORDER

3.1. The cost of the Contractor's work (services) is established by agreement of the Parties based on the volume of planned work (services) during the term of this agreement and includes tax and other (if provided for by the legislation of the Russian Federation) obligations of the Contractor from income under this agreement and, according to the Agreement, amounts to rubles .

3.2. Payment for the cost of work (services) is carried out monthly no later than the 1st day of the current month after signing the corresponding acceptance certificate for completed work (rendered services), which confirms the fact that the Contractor has properly completed work (rendered services) of a certain cost agreed upon by the Parties, and the Parties have no mutual claims.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The customer has the right:

  • check the progress and quality of work performed by the Contractor without interfering with his activities;
  • refuse the contract and demand compensation for losses if the Contractor does not begin to fulfill the contract in a timely manner or performs the work so slowly that completing it on time becomes clearly impossible;
  • refuse the contract or entrust the correction of the work to another person at the expense of the Contractor, and also demand compensation for losses if during the execution of the work it becomes obvious that it will not be completed properly, and he did not eliminate them within the time period previously assigned to the Contractor for eliminating the deficiencies;
  • refuse, if there are good reasons, from the contract at any time before delivery of the work, paying the Contractor part of the established price for the work completed before receiving notification of the Customer’s refusal from the contract, and compensating the Contractor for losses.

4.2. The customer is obliged:

  • assist the Contractor in performing the work;
  • pay for the Contractor in the prescribed manner mandatory insurance contributions for state social insurance to the Fund social protection population of the Ministry of Labor and Social Protection of the Russian Federation;
  • provide, if necessary, a place to perform work under the contract that complies with labor protection rules and safety requirements;
  • carry out preparation (training), instruction, advanced training and testing of the Contractor's knowledge on issues of safe working conditions or require documents confirming his completion of training (training), instruction, medical examination, if this is necessary to perform the work specified in paragraph 2.1.1;
  • not allow (remove) the Contractor from performing work on the relevant day, performing work in places provided by the Customer, appearing at the work site in a state of alcohol, drug or toxic intoxication, as well as in a condition associated with illness that prevents the performance of work;
  • ensure unimpeded access for representatives government agencies and other organizations whose competence includes carrying out inspections and monitoring compliance with legislation, including inspections of work conditions, as well as providing information necessary for carrying out control activities;
  • investigate or take part in the investigation of industrial accidents and occupational diseases in the manner prescribed by law.

4.3. The performer is obliged:

  • comply with relevant instructions, rules and other regulations legal acts, establishing requirements for safe working conditions, safe operation of machinery, equipment and other means of production, as well as rules of conduct on the territory, in production, auxiliary and household premises of the organization;
  • use personal protective equipment;
  • undergo training (training), instruction, advanced training, knowledge testing on safe working conditions and medical examinations in the prescribed manner.
The Contractor has the right to refuse to perform the contract in whole or in part if the Customer has not created or improperly created the conditions stipulated by the contract for the safe performance of work.

4.4. The Customer is obliged, with the participation of the Contractor, to inspect and accept the result of the work performed by signing the acceptance certificate. All deficiencies in the work performed, identified at the time of acceptance, must be specified in the said act.

5. RESPONSIBILITY OF THE PARTIES

5.1. For failure to fulfill or improper fulfillment of their obligations, the Parties are liable in accordance with the current legislation of the Russian Federation.

5.2. A party is not liable for violation of the terms of the contract if such violation did not occur through its fault.

5.3. The performer bears full responsibility for damage and (or) loss of the Customer’s property, which occurred through the fault of the Contractor. In the event of damage or loss of the Customer's property, the Contractor undertakes to reimburse the Customer for the full cost of the property indicated in the shipping documents.

5.4. For failure by the customer to fulfill obligations to pay for work performed (services provided), liability is provided in the form of a penalty in the amount of at least % of the unpaid amount for each day of delay.

6. DATE FOR COMPLETION OF WORK (RENDERING SERVICES). CONTRACT TIME

6.1. The Contractor performs the work (provides services) specified in clause 2.1.1 of the contract from “” 2019 to “” 2019.

6.2. The Agreement comes into force from the moment of its conclusion and is valid until the Parties fully fulfill their obligations.

6.3. The Agreement may be terminated early by agreement of the Parties.

7. DISPUTE RESOLUTION PROCEDURE

7.1. All disagreements arising between the Parties as a result of or in connection with this agreement must be resolved through negotiations. If the Parties cannot reach an agreement through negotiations, the dispute that arises shall be resolved in the courts of the Russian Federation according to general rule jurisdiction, in accordance with the current legislation of the Russian Federation.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. In the event of force majeure circumstances ( natural Disasters, military actions of any nature) and other circumstances beyond the control of the Parties that directly prevent any of the Parties from fulfilling their obligations under this Agreement, confirmed by the relevant document of the chamber of commerce and industry or other authorized body, the period for fulfillment of obligations under the agreement by the Party, for in which these circumstances arose is postponed for the duration of these circumstances. If force majeure continues for more than calendar days, the other Party may also suspend fulfillment of obligations under the Agreement.

8.2. Upon the occurrence or termination of force majeure circumstances for one of the Parties, the latter is obliged to immediately inform the other Party about this in writing. Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the relevant Party of the right to refer to them in the future.

9.ADDITIONAL CONDITIONS

9.1. From the moment the agreement is concluded, all previous correspondence and negotiations between the Parties on its subject become invalid.

9.2. In the event of a discrepancy between certain provisions of this agreement and the current legislation of the Russian Federation, the agreement as a whole remains in force, and the Parties will strive to find a solution that does not contradict the law and is most fully consistent in meaning and economically with the invalid provision of the agreement.

9.3. All additions and changes to this agreement are an integral part of it and are valid only if they are in writing and signed by authorized representatives of the Parties.

9.4. Neither Party has the right to transfer its rights and obligations under the agreement to a third party without the written consent of the other Party.

9.5. All appendices and additions to this agreement, both those mentioned in its text and others, duly executed (contain signatures authorized representatives The Parties and the seals of the Parties) are its integral parts.

9.6. Each Party is responsible for the correctness of the details specified in this agreement. In case of failure to notify or improper notification of the other Party about a change in details, the Party that failed to notify bears the responsibility and risks of negative consequences such failure to notify.

9.7. Based on this agreement, no labor relations arise between the Parties.

9.8. According to the current legislation of the Russian Federation, the Customer acts as a tax agent in relation to the Contractor.

9.9. The Agreement is drawn up in two original copies in Russian, having equal legal force, one copy for each Party.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

Executor Registration: Postal address: Passport series: Number: Issued by: By: Telephone:

11. SIGNATURES OF THE PARTIES

Customer_________________

Performer _________________

__________________________________________________________ (name of the enterprise or full name of an individual), acting on the basis of _____________ (Charter, patent, etc.), hereinafter referred to as the Customer, and _____________________________________ (full name), acting __________ (on its own behalf etc.), hereinafter referred to as the Contractor, concluded
this agreement is as follows.

1. The Subject of the Agreement
1.1. The Contractor undertakes to perform the following types of work at his own risk: _________________________________________________________________
1.2. To carry out the specified work, the Customer undertakes to submit within "___"_______20___. the necessary design and estimate documentation, technical specifications, make available equipment, tools and materials available to the Contractor.
1.3. ______________________________________________________________ (indicate types of work) The Contractor performs it using his own materials, on his own equipment and with his own tools. In this case, the Customer additionally pays at contract prices the cost of materials and depreciation payments for equipment wear and tear according to existing standards.
1.4. The start of work is set from "___"________20___, the completion of work and its delivery to the Customer is "____"________20___. with the right (without the right) of early execution.
1.5. The work is considered completed after the acceptance certificate is signed by the Customer or his authorized representative.
1.6. The contractor is responsible for the property entrusted to him and for any action resulting in loss or damage to the property.
1.7. The contractor who performs the work using his own material is liable if the material is of poor quality.
1.8. The risk of accidental loss or accidental damage to the material is borne by the party providing the material.

2. Working conditions
2.1. If, in the process of performing the work, the Contractor made deviations from the terms of the contract that worsened the quality of the work, then, at the request of the Customer, he is obliged to correct all identified deficiencies free of charge within the period established by agreement of the parties. Failure to correct identified deficiencies will result in penalties for the Contractor. In this case, the Customer is given the right to entrust the correction of defects to third parties (organizations) at the expense of the Contractor.
2.2. In the presence of significant shortcomings at one of the stages of work leading to the impossibility of completing all the work in accordance with the requirements of technical or other documentation provided by the Customer, the Customer terminates the contract without payment for the work performed by the Contractor.
2.3. The Contractor provides the Customer with reports on the implementation of individual stages of work within the timeframe agreed upon by the parties, as well as interim work results to monitor compliance with deadlines and the quality of work performed.
2.4. The Contractor independently organizes all work related to the execution of this contract, determines the direct performers and distributes responsibilities between them.

3. Amount of remuneration, payment procedure, penalties
3.1. Under this agreement, the Customer pays the Contractor a remuneration in the amount of ________________ rubles, subject to taxes in accordance with the procedure established by law.
3.2. For violation of the agreed deadlines for the provision of technical documentation, materials, the beginning and end of work and its intermediate stages, the guilty party pays a fine in the amount of ____________________ rubles. for each day of violation.
3.3. Other conditions _______________________________________________
3.4. The remuneration amount is paid in full after ____________ days after signing the work acceptance certificate.
3.5. Attached to the agreement:
1._________________________________________________________________
2._________________________________________________________________
3._________________________________________________________________

Addresses and details of the parties:
Contractor:
Postal address and zip code ________________________________________________
Telegraph ____________________________________________________________
Current account No. _______ in the ______________ branch of ___________________ bank.
Signatures of the parties:
Contractor signature

Customer signature

Note. If one of the parties or both parties are individuals, then along with the postal address and zip code, the series and number of the passport, when and by whom it was issued, must be indicated.

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