Agreement for pre-trip technical inspection of a vehicle
Pre-trip and pre-shift monitoring of the technical condition of vehicles
Good afternoon, dear reader.
Let me remind you that legal entities and individual entrepreneurs carrying out transportation must organize a pre-trip or pre-shift inspection, and a mark on the passage must be placed on the waybill.
In what cases are pre-trip and pre-shift controls carried out?
Pre-trip control is carried out if the duration of the flight is equal to the duration of the working day or exceeds it. In this case, the car goes through control only once before the start of the trip.
Pre-shift control is carried out if the vehicle makes several trips during the day. In this case, the car is checked only once before the start of the shift.
Otherwise, the pre-trip and pre-shift control procedures are completely the same.
What vehicles must be inspected?
Paragraph 2 of Article 20 of the Federal Law “On Road Safety” states that vehicles belonging to legal entities and individual entrepreneurs that transport passengers or cargo must undergo technical control.
However, we are not necessarily talking about commercial transportation. If a vehicle transports cargo for the organization’s own needs or transports at least one person other than the driver, then it must undergo pre-trip or pre-shift control.
The requirement applies to all types of vehicles: cars, trucks, buses and others.
Who can conduct a pre-trip technical inspection?
7. Control is carried out by a controller of the technical condition of vehicles or a controller of the technical condition of urban ground electric transport vehicles (hereinafter referred to as the controller).
Technical control must be carried out by a special employee - controller .
Detailed requirements for controllers are given in a separate regulatory document (clause 14.3):
Pay attention to the last row of the table. Any employee of the organization with at least secondary vocational education can undergo professional training, after which he will be able to work as a controller.
For example, consider the smallest version of the organization. An individual entrepreneur is engaged in the transportation of goods, i.e. he himself acts as a driver. In this case, he can undergo professional retraining. After this, he will have the right to check the car before leaving and put a mark on the control on the waybill.
However, there is another option. You can enter into an agreement with a mechanic who will come to the organization every day, check the vehicles, mark the waybills and fill out the appropriate log.
In this case, the following point must be taken into account:
5. Pre-trip or pre-shift monitoring of the technical condition of vehicles (hereinafter referred to as control) is carried out before the vehicle leaves the parking lot (parking space) intended for parking the vehicle upon return from the trip and the end of the vehicle driver’s shift (hereinafter referred to as parking).
So you need to check the car where it is parked. That is, it is impossible to conclude an agreement according to which cars will go to another organization to undergo pre-trip control. All inspections must take place on site.
If the organization is large and there are a lot of cars, then it makes sense to hire a separate employee who will deal with pre-trip checks.
If there are only a few vehicles involved in transportation, then it will be cheaper to enter into an agreement with a specialized organization, whose employee will come and release the vehicles for the trip.
Inspection procedure
The procedure for pre-shift inspection contains a complete list of vehicle elements that need to be checked (click on the picture to enlarge it):
Thus, you won’t have to do anything supernatural when checking. You just need to check that the car is in full working order.
If you work as an inspector, I recommend printing out the table above and checking vehicles in accordance with it.
Separately, I would like to draw your attention to the fact that the inspector must also check that no changes have been made to the design of the car.
For example, that LPG has not been installed or the sides of the truck have not been extended.
Mark on the waybill
If the car is fully operational, then the controller puts a mark on the waybill “check of the technical condition of the vehicle has been passed”, puts his signature, writes his last name and initials.
In addition, the waybill must indicate the date and time of pre-trip control. An additional field for this was introduced on December 15, 2017.
Logbook for recording the results of pre-trip control
Also, a mark on passing the control must be entered in a special journal for recording the results of pre-shift control (click on the picture to enlarge):
The journal is an ordinary table, the list of columns of which is given in the regulatory document. If you wish, you can make such a table yourself. You can also download the following form and print it in the required quantity:
In 2020, all fields of the journal are filled out by the controller. The driver's signature is not required.
Note. The log of registration of technical control results can also be maintained in electronic form. In this case, the entered information must be certified by an enhanced qualified electronic signature.
Fine for missing a pre-trip control mark
The fine for violating the rules for passing a pre-trip technical inspection is provided for in Article 12.31 1 of the Code of Administrative Offenses:
3. Carrying out transportation of passengers and luggage, cargo by road transport and urban ground electric transport in violation of the requirements for pre-trip inspection of the technical condition of vehicles -
entails the imposition of an administrative fine on citizens in the amount of three thousand rubles; for officials - five thousand rubles; for legal entities - thirty thousand rubles.
Please note that the penalty is imposed:
- per driver - 3,000 rubles ,
- per controller - 5,000 rubles,
- for a legal entity or individual entrepreneur - 30,000 rubles.
Well, in conclusion, I suggest you familiarize yourself with the text of the new regulatory document:
Agreement on pre-trip technical inspection of a vehicle
Organizations carrying out passenger transportation must conduct a technical inspection to determine the presence or absence of malfunctions before releasing vehicles along the route. In the latter case, permission to work is prohibited. The inspection is performed by qualified mechanics or employees of outsourcing companies on the basis of an agreement for pre-trip technical inspection of vehicles.
What is a pre-trip inspection agreement?
According to the law, drivers must receive waybills with the signatures of a mechanic and a doctor before leaving for a flight. Passing preliminary technical and medical examinations is mandatory: this allows you to determine the presence of malfunctions in which the operation of buses is prohibited, as well as the state of alcohol or drug intoxication and health problems, when an employee of the carrier company does not have the right to drive, so as not to endanger the lives of passengers .
If the organization has a full-time mechanic, he should inspect the cars, both in the morning before leaving for the flight, and in the evening after returning. In this case, the obligation to perform a technical inspection is assigned to him by drawing up an order from the manager, and is also reflected in the employment contract.
Requirements for candidacy of mechanics are reflected in clause 14.3 of Order of the Ministry of Transport No. 287. According to it, employees must meet the following criteria:
- Have a secondary vocational education diploma in the specialty "Maintenance and repair of motor vehicles." There are no experience requirements.
- Receive secondary vocational education in the specialty “Engineering and technology of land transport.” Work experience is required.
- Obtaining the above diploma and passing the qualification of a vehicle technical condition inspector. No work experience required.
Attention! One of three criteria must be met, depending on the field of activity of the organization where the mechanic is hired.
A contract for pre-trip technical inspection of vehicles is the best option for companies that do not want to hire full-time inspectors. It is concluded between them and outsourcing organizations, and this has many advantages:
- If an accident occurs involving a company vehicle due to a technical malfunction, the company with which the contract is concluded (customer) does not bear civil or criminal liability - the outsourcing company carrying out the inspection is responsible instead. If the inspection for a malfunction is carried out by a full-time mechanic, he and his employer will have to answer.
- There is no need to create additional jobs - to obtain qualified specialists, it is enough to sign an agreement with the company providing personnel.
In accordance with labor and pension legislation, heads of organizations must make tax contributions for employees (13% personal income tax) and insurance contributions to the Pension Fund (22%).
Who can be parties to the contract
The contract has two wordings for the parties - the contractor and the customer. By “performer” we mean a legal or physical entity. a person (IP) authorized to provide pre-trip inspection services. The relevant information must be reflected in tax documentation and OKVED codes.
It is important to consider several nuances here:
- The inspection must be carried out at the customer's premises. Vehicles are not allowed to be moved to the address of the company performing the survey.
- The same requirements apply to controllers of outsourcing organizations as to mechanics. They are reflected in Order of the Ministry of Transport No. 287.
- It is possible to draw up an agreement with a mechanic. He will come to the customer’s location according to the schedule, conduct an examination and fill out waybills.
Drawing up an agreement with an outsourcer is beneficial when the company has few cars. If your fleet is large, hiring a full-time mechanic is most cost-effective.
What are the important terms of the agreement
If a company wants to enter into an agreement with an outsourcer to conduct a technical inspection, it is important to take into account the points that must be in the document:
- Information about the parties to the transaction: names of organizations, full name. parties (managers or other authorized persons), passport data, addresses.
- The subject of the agreement is technical inspection of machines for compliance with safety requirements.
- Address of inspection, number of cars, timing.
- Rights and obligations of the parties. The customer is obliged to provide the contractor with transport within the terms specified in the agreement, as well as documentation for it. Timely payment for services is required; the payment schedule and amounts are negotiated individually.
- Cost of services: price, payment procedure.
- Responsibility of the parties. If the contractor violates the terms, the customer has the right to demand a penalty. It is calculated as a percentage of the amount for each day of delay. If the customer fails to pay for the work on time, the contractor may also claim a penalty.
- Features of termination of the contract, validity period.
- Legal addresses and bank details of the parties.
- Signatures of both parties.
Attention! The average cost of a pre-trip inspection service varies from 10,000 to 20,000 rubles. It is not limited by law; companies have the right to set their own prices for clients.
Where to get a standard contract and how to draw it up correctly
A blank form of a standard agreement for pre-trip inspection can be downloaded on the Internet and filled out yourself, taking into account the content requirements given above. As an example, you can use the samples presented on trusted Internet resources.
For correct drafting, it is recommended to follow several rules:
- The document must contain all essential terms. If there are no clauses in it, you can change it by concluding an additional agreement to it.
- The agreement is filled out in clear handwriting in blue or black ink. The use of colored paste is not permitted.
- After the transaction is concluded, the parties are left with one copy each. They are stored in human resources departments or in managers' offices.
- The directors of the enterprise and other persons authorized to act on behalf of the enterprise are authorized to carry out the transaction.
If an agreement is concluded between legal entities, it is desirable to have seals of both parties. Payment for services can be made in cash or by bank transfer - this is determined by the customer and the contractor independently. It is recommended to save payment receipts: if problematic issues arise, the contractor will be able to prove that he fulfilled his obligations in good faith, otherwise, in the absence of evidence, he will be charged a penalty.
How to terminate a contract
The specifics of termination of the contract must be provided for in the document itself. Most often this happens by agreement of the parties. If one of the parties to the transaction refuses to terminate the agreement voluntarily, the initiator can do this independently through the court.
The court will take into account the following circumstances:
- The materiality of the grounds for termination. If the customer decides to terminate the transaction without objective reasons, and the contractor fulfills his obligations in good faith, the claim may be refused.
- Reasons for termination. If a company is on the verge of bankruptcy and cannot fulfill contractual payment obligations, the court may side with the plaintiff.
- Arguments of the parties.
The termination procedure begins with the filing of a claim by the initiator in the district or magistrate court. The case is considered for two months, after which the judge issues a decision on the basis of which the contract is considered terminated.
Agreement for the provision of services for pre-trip technical control of the vehicle condition
provision of services for pre-trip technical control
vehicle condition
"___" ________ 2012
State budgetary institution of the Novosibirsk region "Regional Information Center" , hereinafter referred to as the "Customer", acting on the basis of the Charter, in order to meet the needs of the Customer, on the one hand, and _____________________, hereinafter referred to as " Contractor", represented by ______________________, acting on on the basis of ______________, on the other hand, collectively referred to as the Parties, based on the results of placing an order through a request for quotations, in accordance with Protocol No. ___________ dated _______________, entered into this civil law agreement (hereinafter referred to as the Agreement) on the following:
1.1. The Contractor undertakes to provide the Customer with services for conducting daily pre-trip technical control of the condition of the vehicle when leaving the line (hereinafter referred to as services), and the Customer undertakes to accept and pay for them on the terms provided for in this Agreement.
1.2. Term of provision of services: from 04/01/2012. until 12/31/2012
1.3. Place of service provision: ____________________
2. Terms and procedure for payments
2.1. The cost of this Agreement is _______________ rubles and kopecks, is fixed and cannot change during its execution.
2.2. The cost of one Service is _______ rubles and kopecks.
2.3. Payment under this Agreement is made by the Customer by non-cash transfer of funds to the Contractor's bank account under the following conditions: upon provision of services within 15 calendar days after the parties sign the Certificate of Services Rendered on the basis of the invoice issued by the Contractor, to the bank account specified in the invoice, in accordance with the Decree of the Government of the Novosibirsk Region dated 01.01.2001 “On measures to increase the collection of taxes into the regional budget of the Novosibirsk Region”, provided that the Contractor has no arrears in payments to the budgets of the budget system of the Russian Federation at the time of payment. The Customer has the right to suspend payment until the Contractor repays the arrears on payments to the budgets of the budget system of the Russian Federation.
2.4. Source of financing: funds from a budgetary institution.
2.5. The price of the Agreement is formed taking into account all possible costs associated with the provision of Services that are the subject of the Agreement in full, including insurance costs, payment of customs duties, taxes, fees and other obligatory payments, as well as other expenses of the Contractor related to the execution of the Agreement .
2.6. Information about the currency used to formulate the price of the Agreement and settlements with the Contractor: Russian ruble.
2.7. The date of payment for services rendered is considered to be the day funds are written off from the Customer’s personal account to be transferred to the Contractor’s bank account.
3. Rights and obligations of the parties
3.1. The customer has the right:
3.1.1. demand the provision of services with adequate quality;
3.1.2. at all times check the progress and quality of services provided by the Contractor, without interfering with its activities.
3.2. The customer is obliged:
3.2.1. assist the Contractor in carrying out its activities aimed at fulfilling its obligations under this Agreement;
3.2.2. treat the equipment located on the Contractor’s territory with care;
3.2.3. if damage is caused, restore it on your own, at your own expense;
3.2.4. notify the Contractor in advance (in writing) about changes in information about the vehicle (g/n, make, etc.) and the driver (full name);
3.2.5. bear full responsibility for the actions of your driver on the Contractor’s territory;
3.2.6. accept and promptly pay for properly rendered services of the Contractor in the manner and within the time limits established by this Agreement;
3.3. The Contractor undertakes:
3.3.1. provide services to the Customer of appropriate quality and in accordance with the terms of this Agreement;
3.3.2. when providing services, put marks on the Customer’s driver’s waybills about the control passed.
3.4. The performer has the right:
3.4.1. demand from the Customer compensation for losses caused or damage caused by the action or inaction of the Customer who violated the terms of this Agreement;
3.4.2. in case of delay in payment for services provided by more than 15 (fifteen) calendar days, subject to the Contractor’s compliance with clause 2.3. suspend the provision of services until the debt is repaid in full, including penalties;
3.4.3. terminate the Agreement early if the Customer systematically delays payments for services rendered;
3.4.4. refuse to release the car on the line if there are faults that impede its safe operation, and also make a corresponding mark on the driver’s waybill.
4. Acceptance of services for compliance with their volume and quality
4.1. Acceptance of services for compliance of their volume and quality with the requirements established in the Agreement is carried out monthly.
4.2. The Contractor, no later than the tenth day of the month following the month of provision of services, sends to the Customer an act of services rendered and an invoice.
4.3. The customer signs a certificate of services rendered for each month of provision of services no later than 5 (Five) working days from the date of receipt of the certificate of services rendered.
4.4. Within 5 (Five) working days after receiving from the Contractor the certificate of delivery and acceptance of services provided over the past month, sign the certificate of delivery and acceptance of services provided or write a reasoned refusal to sign the certificate of delivery and acceptance. Otherwise, the services are considered accepted without complaint.
5. Responsibility of the parties
5.1. Damage caused to the Customer's property as a result of the Contractor's actions (inactions) shall be reimbursed at the Contractor's expense in full.
5.2. In case of non-fulfillment or improper fulfillment by the Contractor of its obligations under the Agreement, a penalty in the amount of 0.5% of the price of this Agreement is applied to it for each day of delay, starting from the day following the day of fulfillment of the obligation. The Contractor is released from paying the penalty if he proves that the delay in fulfilling the specified obligation occurred due to force majeure or the fault of the other Party.
5.3. In case of delay in fulfillment by the Customer of the obligations provided for in this Agreement, the Contractor has the right to demand payment of a penalty (fine, penalty). A penalty (fine, penalty) is accrued for each day of delay in fulfilling the obligation provided for in this Agreement, starting from the day following the day of expiration of the obligation fulfillment period established by this Agreement. The amount of such a penalty (fine, penalty) is established in the amount of one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect on the day of payment of the penalty (fine, penalty). The customer is exempt from paying a penalty (fine, penalty) if he proves that the delay in fulfilling the specified obligation occurred due to force majeure or the fault of the Contractor.
5.4. The penalties established in this section are subject to accrual in the event of presentation of motivated written demands by the Parties.
5.5. The Customer is not responsible for late payment of the obligation under the Agreement associated with the untimely receipt of funds from the regional budget.
6. Force majeure circumstances
6.1. The parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances or their consequences, i.e. extraordinary and unpreventable circumstances not subject to reasonable control.
6.2. A Party that is unable to fulfill its Contractual obligations due to force majeure circumstances immediately informs the other Party in writing about the beginning and termination of these circumstances, but in any case no later than 7 (seven) business days after the start of their effect.
6.3. Untimely notification of the occurrence of force majeure circumstances deprives the relevant Party of the right to be exempt from liability for partial or complete failure to fulfill obligations under this Agreement due to these circumstances. The fact of occurrence and termination of force majeure circumstances is documented by relevant organizations.
7. Procedure for consideration of disputes
7.1. To resolve disputes arising as a result of the execution of this Agreement, the following claim procedure is applied:
7.1.1. A party that believes that its rights and interests have been violated during the execution of this Agreement by the other party shall send the latter, simultaneously with mailing, a written claim and a copy of the claim in electronic form by email.
7.1.2. Within 10 (Ten) days from the date of receipt of the claim by mail, the Party is obliged to send its response by mail and by e-mail.
7.1.3. If a Party that believes that its rights and interests have been violated during the execution of this Agreement by the other Party is not satisfied with the response received or does not receive it by mail within 30 (Thirty) days from the date of sending the first claim, then the claim procedure for resolving disputes is considered exhausted.
7.2. If the dispute is not resolved through the claim procedure specified in this Agreement, the dispute shall be resolved in court in accordance with the current legislation of the Russian Federation in the Arbitration Court of the Novosibirsk Region.
8. Contract time
8.1. This Agreement comes into force on April 1, 2012 and is valid until December 31, 2012, and in terms of payment until the Parties fully fulfill their obligations under this Agreement.
9. Final provisions
9.1. Termination of this Agreement is permitted only by agreement of the parties or by a court decision on the grounds provided for by the civil legislation of the Russian Federation. Termination of the Agreement unilaterally is not permitted.
9.2. If the parties receive information related to personal data in the process of fulfilling their obligations under this Agreement, the parties undertake obligations to ensure protection during the processing of received personal data in accordance with local regulations in force in the Organizations, as well as the requirements of the current legislation of the Russian Federation imposed to the protection of personal data.
9.3. When executing this Agreement, a change of Contractor is not permitted, except in cases where the new Contractor is the legal successor of the Contractor under this Agreement due to the reorganization of a legal entity in the form of transformation, merger or accession.
9.4. If any of the Parties changes the location, name, bank details, etc., it is obliged to notify the other Party in writing within 10 (ten) days.
9.5. Any changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.
9.6. In all cases not provided for in this Agreement, the Parties are guided by the current legislation of the Russian Federation.
9.7. The Agreement is drawn up in two copies having equal legal force, one for each of the Parties.
9.8. All annexes to this Agreement are an integral part of it:
— Appendix – “Information about the Customer’s vehicle and driver.”
10. Legal addresses, details and signatures of the parties
Pre-trip inspection of vehicles - procedure and sample of filling out the contract
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To help protect the lives and health of passengers, as well as ensure road safety, the government has introduced daily mandatory vehicle inspections in organizations engaged in transporting people or goods. This requirement is reflected in Part 6, Clause 1, Article 20 of Law No. 196-FZ .
It states that enterprises are obliged to:
ensure compliance of the technical condition of vehicles with road safety requirements and not allow vehicles to be used if they have faults that threaten road safety.
The recommended material will help you find out who can carry out vehicle inspections, a list of procedures, and also how to outsource a systemic vehicle inspection. In addition, here you can download a standard contract for technical inspection of a car and a sample pre-trip maintenance log.
Pre-trip vehicle inspection by a mechanic
Vehicle inspections must be carried out by a qualified mechanic . , Order of the Ministry of Transport of the Russian Federation No. 141 dated April 6, 2017 , which regulates the new procedure for conducting pre-trip technical inspection of vehicles (PTOTS), will come into force The document contains a complete list of procedures that must be carried out by a specialist.
If an organization does not have such specialists on staff, it can enter into an agreement for the provision of this service with a third-party company .
Download a sample contract for the provision of pre-trip maintenance services
Advantages of outsourcing car inspections:
- no need to hire additional employees;
- In the event of an accident due to vehicle malfunctions, the company that provided the service, and not the company that owns the vehicle, will be responsible for poor quality inspection.
If an organization plans to carry out PSETS on its own, it must appoint a responsible employee by order.
The new procedure establishes requirements for the employee’s qualifications, which must correspond to one of the paragraphs of clause 14.3 of Order of the Ministry of Transport dated September 28, 2015 No. 287 :
- availability of a diploma of secondary vocational education in the specialty 23.02.03 “Maintenance and repair of motor vehicles” without presenting requirements for length of service (experience);
- availability of a diploma of education not lower than secondary vocational in specialties included in the enlarged group 23.00.00 “Equipment and technology of land transport”, with the exception of specialty 23.02.03 “Maintenance and repair of motor vehicles”, with requirements for length of service (experience) in the field of monitoring the technical condition and maintenance of vehicles for at least one year;
- availability of a diploma of education not lower than secondary vocational in specialties not included in the enlarged group 23.00.00 “Equipment and technology of land transport”, and a diploma of professional retraining under a professional retraining program with the qualification of an inspector of the technical condition of vehicles. There are no work experience requirements.
According to clause 14.1 of Order No. 287 dated September 28, 2015, in addition to having the appropriate qualifications, a specialist must know:
- regulations on the maintenance and repair of rolling stock of road transport;
- regulations in the field of road safety in road transport;
- device, technical characteristics, design features, purpose and operating rules of vehicles;
- technical requirements for vehicles;
- basics of transport and labor legislation;
- rules and instructions on labor protection, fire protection.
If the enterprise does not have mechanics who meet these requirements, it is necessary to send workers for training to retraining centers.
A pre-trip technical inspection of a car by a mechanic includes checking for problems in:
- brake system;
- steering;
- engine;
- lighting devices (headlights, turn signals);
- tachograph;
- sound signals;
- clutch;
- wheels and tires;
- windshield wipers and other automotive components.
The condition of seat belts and the presence of a first aid kit are also checked.
Daily pre-trip technical inspection
Daily pre-trip inspection of vehicles is carried out twice a day : before the car leaves and after returning from the trip.
If the driver of the vehicle has changed, another waybill is issued, on which a mark about the passage of maintenance is also placed. The mark includes: date and time of maintenance, signature and full name of the controller.
The inspection must be carried out in a special room (box), which must be equipped with:
- pit for maintenance;
- toe check device;
- tire pressure gauge;
- a device that determines steering play;
- headlight testing and adjustment device;
- mobile lamp;
- gas analyzer;
- locksmith's tool.
In addition, the room must be heated and well ventilated and have a rest room for controllers.
When checking a vehicle, the mechanic fills out a logbook for pre-trip maintenance . This is a mandatory document for all organizations. There is no unified form of the document. The log should include the following columns:
- information about vehicles (model, make, registration number);
- Full name of the driver of the car;
- date and time of inspection;
- check mark;
- signatures of the driver and inspector.
A sample pre-trip maintenance log looks like this:
Download the pre-trip maintenance log
PTOTS must be carried out by all carrier companies. For violation of this requirement, administrative liability is provided ( Part 3 of Article 12.31.1 of the Code of Administrative Offenses of the Russian Federation ).
The following penalties have been established:
- for individuals – 3000 rubles;
- for officials – 5000 rubles;
- for legal entities – 30,000 rubles.
It is important to remember that the insurance company may refuse to compensate for losses in an accident if the car has not passed MOT . In the event of an accident, the insurer will definitely check all documents, including waybills. You can challenge the actions of the insurance company in court, but even if the court takes the company’s side, the insurance payment will take a long time.
The legislation obliges all companies involved in transportation to conduct technical and technical training. The inspection must be carried out by qualified personnel . Notes on the technical inspection are included in the logbook and waybills . Since a new procedure for conducting technical and technical training will come into force in the near future, it is recommended to take it into account when organizing work in this direction.
Sample agreement on technical inspection of a vehicle, concluded between an individual and a legal entity.
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this Agreement, the Contractor undertakes, on the Customer’s instructions, to check the technical condition of the Customer’s vehicle (including its parts, items of its additional equipment) for compliance with mandatory vehicle safety requirements (hereinafter referred to as Technical Inspection), and the Customer undertakes to pay for these services.
1.2. The Contractor undertakes to inspect the following Customer's vehicle: (hereinafter referred to as the Vehicle).
1.3. Technical inspection is carried out at: .
1.4. Deadline (date) for technical inspection: " " 2019
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The customer is obliged:
2.1.1. Provide the Contractor with the Vehicle, an identification document, and a power of attorney (for the representative of the vehicle owner), as well as the Vehicle registration certificate or the Vehicle passport specified in clause 1.2. actual agreement.
2.1.2. Accept the services provided by the Contractor according to the Certificate of Services Rendered for Technical Inspection. If there are any complaints about the services provided by the Contractor, the Customer indicates this in the certificate of services provided for the Technical Inspection. The Certificate of Services Rendered for Technical Inspection is signed by the Parties.
2.1.3. Pay the Contractor the cost of the services provided for the Technical Inspection within the time frame and in the manner provided for in Section 3 of this Agreement.
2.2. The customer has the right:
2.2.1. If the Technical Inspection services under this Agreement are provided by the Contractor with deficiencies, the Customer has the right, at his own discretion, to demand from the Contractor:
2.2.1.1. elimination of deficiencies free of charge within a reasonable time;
2.2.1.2. a proportionate reduction in the cost of technical inspection services established by this Agreement.
2.2.2. If the deficiencies are not eliminated by the Contractor within a reasonable time period established by the Customer, the Customer has the right to refuse to fulfill this Agreement and demand compensation for losses from the Contractor.
2.2.3. The Customer has the right to refuse to fulfill this Agreement by notifying the Contractor about this days in advance and paying for the Technical Inspection services actually provided by the Contractor.
2.3. The performer is obliged:
2.3.1. Accept the Vehicle according to the Vehicle acceptance certificate and check the Vehicle registration certificate or Vehicle passport provided by the Customer.
2.3.2. Carry out a Technical Inspection of the Vehicle within the period specified in clause 1.4. actual agreement.
2.3.3. Ensure compliance with the rules for checking the Vehicle in accordance with the Rules for technical inspection (hereinafter referred to as the Rules) approved by the Government of the Russian Federation.
2.3.4. Ensure technical diagnostics are carried out during the technical inspection by a technical expert.
2.3.5. Ensure the safety of the Vehicle presented for technical inspection.
2.3.6. Upon completion of the Technical Inspection, provide the Customer with the Vehicle and the following documents:
- certificate of services rendered;
- Technical inspection coupon and (or) international Technical Inspection certificate (if the Vehicle complies with mandatory vehicle safety requirements);
- a diagnostic card containing information about identified technical malfunctions of the Vehicle and about the compliance/non-compliance of the Vehicle with mandatory vehicle safety requirements.
2.3.7. Refuse to issue the Customer with a Technical Inspection coupon or an international Technical Inspection certificate if the Vehicle does not comply with at least one of the mandatory vehicle safety requirements.
2.3.8. If during the Technical Inspection the Contractor identifies a discrepancy between the technical condition of the Vehicle and the mandatory vehicle safety requirements and the Customer or his representative requests a repeat Technical Inspection within a period not exceeding days, enter into an additional agreement to this Agreement and conduct a repeat Technical Inspection of the Vehicle. When conducting a repeated Technical Inspection of the Vehicle, the check is carried out only in relation to indicators that, according to the diagnostic card, during the previous Technical Inspection did not meet the mandatory vehicle safety requirements.
2.4. The performer has the right:
2.4.1. Unilaterally refuse to fulfill this Agreement in cases of failure to submit for Technical inspection by the Customer or a person authorized by him the Vehicle the documents specified in clause 2.1.1. of this Agreement, or the Vehicle’s non-compliance with the data specified in the documents containing information that allows the Vehicle to be identified.
3. COST OF TECHNICAL INSPECTION SERVICES AND PAYMENT PROCEDURE
3.1. Technical inspection is carried out on a paid basis.
3.2. The cost of technical inspection services is rubles. Payment for the cost of Technical Inspection services is made by the Customer or his authorized person no later than the date the Parties sign the certificate of services rendered.
3.3. The cost of services for repeated technical inspection is determined by the volume of services provided, but cannot exceed the cost of services established in clause 3.2. actual agreement. The cost of services for repeated technical inspection is determined by the additional agreement to this Agreement specified in clause 2.3.8. actual agreement.
3.4. Payment for the cost of Technical Inspection services is made in the currency of the Russian Federation by bank transfer by transferring funds to the Contractor's bank account or in cash by depositing funds into the Contractor's cash desk.
4. RESPONSIBILITY OF THE PARTIES
4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties are liable in accordance with the legislation of the Russian Federation.
4.2. In case of violation by the Contractor of the period for carrying out the Technical Inspection of the Vehicle established in clause 1.4. of this Agreement, the Customer has the right to demand that the Contractor pay a penalty in the amount of % for each day of delay.
4.3. In case of violation of the payment terms provided for in clause 3.2 of this Agreement, the Contractor has the right to demand from the Customer payment of a penalty in the amount of % for each day of delay or to terminate the contract unilaterally and demand compensation for losses.
4.4. In the event of loss, loss or damage by the Contractor of documents transferred to him by the Customer, loss or damage to the Vehicle through the fault of the Contractor, the Contractor is obliged to compensate the Customer for losses incurred in connection with such loss, loss, damage, damage in full.
4.5. If during the Technical Inspection the Contractor does not identify technical malfunctions of the Vehicle, or such faults are identified, but information about them was not included in the diagnostic card, the Contractor is obliged to fully compensate for the damage caused to the life, health or property of the owner of the Vehicle, or third parties. persons due to such malfunctions.
4.6. The Parties are released from liability if it is proven that proper fulfillment of the obligation was impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions for which the Parties are not responsible and the adverse effects of which they are unable to prevent.
5. VALIDITY AND PROCEDURE FOR CHANGE AND TERMINATION OF THE AGREEMENT
5.1. This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fulfill their obligations under this Agreement in full.
5.2. This Agreement may be amended by agreement of the Parties, drawn up in writing.
5.3. This Agreement may be terminated:
5.3.1. by agreement of the Parties;
5.3.2. unilaterally in accordance with the terms of this Agreement;
5.3.3. by a court decision in accordance with the legislation of the Russian Federation.
6. ADDITIONAL CONDITIONS
6.1. In everything that is not regulated by this Agreement, the Parties are guided by the legislation of the Russian Federation.
6.2. The parties take all measures to resolve disputes and disagreements on the basis of mutual agreement. If an agreement is not reached, all disputes and disagreements are resolved in court in accordance with the legislation of the Russian Federation.
6.3. This Agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.