Можно ли в России петь под гитару на улице?

[Гость istokov]

Date 01/02/2011

Number ТА-0600/0000226-11-013

Place of conclusion Minsk

CONTRACT of Delegation

The Customs Agent: ZAO “BelSwissBank”

The Client:

The Customs Agent, on the one Part, and the Client, on the other Part (Parties), have entered into this Contract to the following effect:

1. Subject of the Contract

1.1. Under the Contract the Customs Agent undertakes to render services required for customs clearance of individual batches of goods and vehicles (declaration, representation and presentation of goods and vehicles )in the name, at the expense and on the instructions of the Client as well as to render other intermediary services in the area of customs affairs (hereinafter - Services).

1.2. The Client shall pay for the cervices mentioned in subparagraph 1.1 of the Contract and reimburse for expenses incurred in connection with rendering of Cervices in the amount and within the terms specified by this Contract.

2. Rights and obligations of the Parties

2.1. the Customs Agent:

- undertakes to render the cervices mentioned in subparagraph 1.1 of the Contract in favor of the Client providing that the Customs Agent received and accepted the Client’s Application for the defined batch of goods. The Client’s Application shall be presented in writing or appear in evidence from the documents presented to the Customs Agent for the purpose of rendering of Services.

- shall provide the Client, at his demand, with all information concerning the course of the performance of the delegation.

- is entitled to refuse the rendering if Services if the documents provided for commission of the necessary actions do not meet the requirements of the legislation of the Republic of Belarus and/or do not contain the necessary information/details. The Services shall be rendered after the documents have been put in line with the legislation of the Republic of Belarus and/or the necessary information/details have been presented.

- is entitled to refuse to fulfill the Application, even after Application accept, if the Customs Agent has sufficient grounds to believe that the actions or inaction of the Client are illegal and may cause the responsibility under the legislation of the Republic of Belarus.

- may render some Services without the authorization of the Client if they are related to the instructions specified in the Application or if it is impossible to fulfill other obligations without rendering of such cervices.

2.2. the Client:

- is entitled to request from the Customs Agent the report on the rendered services in writing;

- shall give its consent to submission to the customs authorities of the necessary information with regard to rendering of Services;

- shall give its consent to customs commodity cost and codes correcting;

- shall issue a power of attorney to the Customs Agent for the performance of actions and delegations provided for by this contract;

- shall compensate the Customs Agent for expenses incurred with regard to rendering of Services and pay the remuneration in the amount and within the terms specified in this Contract and Tariffs of the Customs Agent. The Client undertakes the same obligations with regard to the Services rendered by the Customs Agent in the result of vague and incomplete wordings of the Application.

- shall compensate the Customs Agent for expenses incurred in the course of rendering of Services, including payments to the budget;

- shall compensate the Customs Agent for expenses incurred in the result of action or inaction of the Client which caused the grounds for sanctions of other organizations.

- shall pay customs and other duties including taxes and levies in accordance with the calculation made by the Customs Agent;

- shall amend the documents related to rendering of Services, including foreign trade Contracts, where there is a real need and upon the request of the Customs Agent.

- shall immediately present information and/or documents, amend documents if it is necessary for the fulfillment of Customs Agent’s obligations under this Contract.

3. Tariffs, settlements and payment order

3.1. Tariffs and terms for rendering of Services are considered to be an open excess information that is why the Client shall familiarize itself with it before the submission of the Application. The Customs Agent is entitled to unilaterally change the tariffs and the terms without prior notification.

3.2. The Client shall pay for rendering of Services in accordance with the tariffs imposed by the Customs Agent at the moment of submission of the relevant Application. The tariffs are on the stand situated at the following address: Minsk, Pobediteley ave., 23, building 3.

3.3. The Customs Agent shall start to render Services after it receives facsimile copy of the payment instruction accepted by the Client’s bank which confirms the payment for Services and the documents necessary for rendering of the Services or on the other terms acceptable for the Customs Agent.

3.4. The cost of the Services which are not included into the tariffs list shall be determined by the Contract of the Parties.

The Client shall pay for additional Services, Services which are not included into the tariffs list and costs incurred by the Customs Agent in the context of rendering of the Services no later than three working days from the moment of receipt of the Customs Agent’s pro-forma invoice unless otherwise stipulated by the pro-forma invoice.

4. Terms

4.1. The Customs Agent shall render Services to the Client upon submission of all the documents necessary for customs clearance no later than three working days before the expiration of the term set forth for presentation of the relevant declaration (if such term is set forth by the legislation). The Customs Agent shall insure the maximum speed and quality of rendering of Services. The services which have to be rendered on the nonworking days shall be rendered within the terms and paid in the amount agreed by the Parties.

5. Responsibility of the Parties

5.1. In case of failure to perform or improper performance of the Parties' obligations hereunder set forth in Clause 1 of the Contract, the defaulting Party shall pay to the other Party a penalty of 0,3% of untimely transferred sums for obligations to pay or of the cost of rendered Services on other obligations for each day of delay in fulfillment of obligations. The penalty shall be recovered until full repayment of one Party to the other Party or until performance of a specific duty.

5.2. The Customs Agent is not responsible for the delay and improper rendering of Services caused by customs authorities or actions/inactions of the Client and its counterparts.

5.3. The Customs Agent is not responsible for the safety of the Client’s goods which are subject to the Services.

5.4. The Parties are not responsible for the failure to perform, improper performance of their obligations under the Contract if it is caused by force majeure or is the result of the adoption by the competent authorities of legal acts affecting in any way the fulfillment of obligations of the Parties under this Contract. The Parties consider Force Majeure to be natural disaster, wars, strikes, accidents on communication networks, power outages and other circumstances that affect the fulfillment of the obligations of the Parties under this Contract, which the parties did not foresee and could not have foreseen and prevented by reasonable measures. The Party which failed to fulfill its obligations because of the abovementioned circumstances should take all possible measures to fulfill its duties, minimize damages to the other Party, and immediately notify the other Party of such circumstances.

The Party which fails to perform, improperly performs its obligations under the Contract shall prove the existence of the abovementioned circumstances and their impact on the performance of such obligations. If the abovementioned circumstances eliminate, the respective obligations shall be immediately performed unless the Parties agree otherwise.

6. Other conditions

6.1. In case of change of contact phones numbers, registered addresses of the Parties as well as in case of appearance of circumstances which may essentially affect the fulfillment of the Parties’ obligations hereto, the relevant Party shall notify the other Party about this in writing. The other Party shall not be responsible for the fulfillment of the obligations under the Contract on the basis of the outdated information till the moment of receipt of such notice.

6.2. The Parties shall be responsible for the safety of commercial secret related to the conclusion and execution of the Contract. This secret may be disclosed only to persons and only in cases stipulated by the legislation of the Republic of Belarus.

6.3. Money and other assets, including documents provided to the Customs Agent or received (registered) by the latter for the benefit of the Client, may be retained by the Customs Agent until complete performance by the Client of its obligations, in particular of its obligations to pay penalties and damages under all obligations.

6.4. For all the issues, indeterminated by this Contract, the Parties shall be guided by the legislation of the Republic of Belarus.

7. Amendments

7.1. Amendments to the Contract shall be made in the written form, agreed by the Parties and take effect in accordance with Clause 9 if the Contract.

7.2. Amendments with regard to the tariffs may be revised by the Customs Agent unilaterally. If the Client has paid for the Services of the Customs Agent specified in the Application, the change of the tariffs does not affect the payment for such Services.

8. Disputes resolution order

8.1. In case of disputes with regard to interpretation or application of the provisions of this Contract, the Parties shall settle them through negotiation and, if the Parties does not achieve the Contract, - through the court in accordance with the laws of the Republic of Belarus.

9. Final provisions

9.1. The Contract shall take effect since the moment of signing by the Parties and continue until 31.12.2011.

9.2. The Contract may be terminated on the grounds prescribed by the legislation of the Republic of Belarus, as well as unilaterally by either Party upon expiration of 10 days from the date of sending by one Party of written notice to the other Party about its intention to terminate the Contract and full payment of Customs Agent’s Services.

After sending the notice, the Client shall not submit new Applications in the context of the Contract; in other case the notice shall be considered cancelled.

If at the moment of sending of notice of termination of the Contract there is a submitted but not executed Application, the Contract shall be considered terminated after the execution or waiver of the relevant Application.

9.3. The Customs Agent shall be entitled to terminate this Contract unilaterally in case if the Customs Agent has sufficient grounds to believe that the actions or inaction of the Client are illegal and may cause the responsibility under the legislation of the Republic of Belarus.

9.4. The Contract is drawn up in two copies in the Russian language having equal legal force, one copy for each of the Parties.

Registered addresses and details of the parties

ZAO “BelSwissBank”, №ТА-0600/0000226

220004, Minsk, Pobediteley ave, 23, building.3

Tax number 807000069, Statistical number 37580914

s/a 6719800000013 in ZAO “BelSwissBank”, code 175

Podlipko O.M.

Head of Transaction Activity Department

under the Power of Attorney №164 dated 23.12.2010

Place of Seal

Director

Under the Charter

Place of Seal