Tripartite car purchase and sale agreement
Tripartite car purchase and sale agreement
Recommendations for filling out a car purchase and sale agreement
- We print out the form in three copies (for the Seller, the Buyer, the traffic police)
- We fill out the contract with a pen of the same color (blue or black), or in printed form
- We enter the contract number (any number, for example 0228/2020, then this number will be included in the PTS)
- Fill in the column for the place (city) of the transaction and set the current date.
- We carefully fill out the passport details of the Seller and the Buyer
- We fill in the car data taken from the PTS and Vehicle Certificate without errors.
- By agreement of the parties to the transaction, we indicate the cost of the car in numbers and in words (we advise you to indicate the true cost, in the absence of significant arguments before the tax authorities)
- Before signing the Car Purchase and Sale Agreement, the Seller and the Buyer exchange documents and car keys for money, and only after that sign the Agreement combined with the vehicle transfer acceptance certificate
List of necessary documents for drawing up a contract for the sale and purchase of a car.
Documents from the Seller:
- PTS (Vehicle Passport). (Original)
- Vehicle registration certificate. (Original)
- Citizen's passport (valid)
Documents from the Buyer:
- Citizen's passport (valid)
- MTPL policy for the purchased car, without it you cannot move the purchased car
Recommendations for the Buyer:
1. Make sure that the car you are planning to purchase:
- Not subject to collateral
- There are no restrictions on registration actions (in any MREO)
- Not credit (online service on the Internet)
- No fines were imposed based on the car number (traffic police website)
- Not under arrest
2. Before drawing up a purchase and sale agreement , it is necessary to verify the identity of the Seller with the submitted documents (passport, PTS, Certificate of Registration)
*Do not forget, based on the result of the transaction, to enter the new owner of the vehicle into the PTS, indicate the date of purchase and the number of the document of ownership with the date of its execution, as well as sign the Seller and the Buyer.
Recommendations after selling a car
According to the law that came into force in 2014, the Buyer is obliged to register the vehicle (register the car in his name) within 10 days from the date of signing the purchase and sale agreement. After this period, you can contact the district MREO traffic police department and check the registration of your former car with the new owner. If the new owner has not re-registered the car in his name, you have the right to terminate the registration of the vehicle by writing an application and submitting a purchase and sale agreement.
Recommendation: before writing a statement to the traffic police, contact the new owner of the vehicle and ask why he did not re-register the car in his name.
If, at the time of selling the car, the MTPL policy has not yet expired, you can return the money for the unused insurance period.
Please note that in case of selling a car, the number of unused days is calculated from the day following the day the notice of termination is written. Thus, the sooner you contact your insurance company, the greater the payment will be.
To terminate the contract, you need to come to the office of the insurance company (address, telephone number is indicated on one of the policy stamps) and, with the help of an employee, write a statement of termination. You should have the following documents with you:
- DCP (photocopy)
- PTS of the sold car with a note about the new owner (photocopy)
- General power of attorney (if any) (photocopy)
- Insurance policy and receipt (payment order if the policyholder is a legal entity)
- Passport (or its photocopy) of the policyholder
Drawing up a tripartite car purchase and sale agreement
Sometimes the buyer and seller require the services of third parties to fulfill their obligations. Fulfillment of obligations by a third party becomes a mandatory element for the full implementation of the entire agreement. In this case, a tripartite car purchase and sale agreement is drawn up. How to take into account the interests of all parties and how to draw up a final document?
What is a tripartite agreement for the purchase and sale of a car?
It’s worth starting with the fact that a truly tripartite agreement for the purchase and sale of a car between individuals is rare. In most cases, the parties enter into an agreement directly between the buyer and seller. This is due to the fact that purchasing a car is quite simple. If complex step-by-step relationships arise, then it is easier to draw up two independent documents in order to avoid complications. Most of these documents are concluded with the participation of a legal entity or even two.
A tripartite car contract arises when it is necessary to combine two types of civil relations in one agreement. This means that it is not necessary that all parties have exactly a relationship related to purchase and sale. For example, if the buyer undertakes to purchase a car from the seller, but engages a third party for transportation or assessment of technical condition. Thus, the buyer undertakes to purchase and the seller to sell the car, and the third party undertakes to fulfill intermediate obligations necessary to fulfill the obligations of other parties.
Agreements are also concluded that combine a loan agreement and a buy-sell agreement.
A tripartite agreement should not be confused with an agreement that provides for multiple participants on one side. They differ in a number of ways, such as:
- In an agreement with multiple participants, regardless of their number, there are only two parties: the seller and the buyer.
- Participants on the same side in a multilateral vehicle contract acquire the same rights and obligations related to the purchase and sale. In a tripartite agreement, each party has its own obligations. For a third party, they are not directly related to the purchase and sale.
- The obligations of the buyer and seller in a triple transaction are directly related to the obligations of the third party. Until he fulfills them, the deal will not be fully implemented.
Attention! The most common case of concluding a multilateral agreement is the sale of a car inherited by several heirs. However, such a transaction is not trilateral.
Form and content features of the document
Like a conventional, bilateral purchase and sale agreement, a tripartite agreement is drawn up in simple written form and does not require notarization. Obviously, it has some features that need to be taken into account when compiling:
- From the very first lines, the legal status of each party to the transaction is determined: the seller, the buyer and the third party, named based on its functions.
- A tripartite agreement combines two types of contracts. This means that it is necessary to enter the conditions recognized by the Civil Code of the Russian Federation as essential for each type.
- The obligations of each party are recorded separately, point by point, based on its role in the transaction. Given the complexity of the transaction, they need to be spelled out very clearly and clearly, right down to the moment of their execution and connections with the obligations of other parties.
- List the cost of third party services separately from the cost of the vehicle.
- Indicate the terms, methods and time of settlements.
- Enter the deadlines for fulfilling obligations under the contract. Of course, some responsibilities may be conditioned by others, but there must be a primary point of reference.
- If the transaction does not provide for the vesting of a third party with rights to the subject of the agreement or the imposition of encumbrances on it, then indicate this fact, or state the opposite.
- Considering the complexity of legal relations in such transactions, it is advisable to prescribe the procedure for resolving disputes that may arise from it.
- Determine responsibility for violation of the obligation by each party.
- Indicate the number of copies under the contract. One is intended for each of the parties, one more remains for registering the car with the MREO. According to the regulations, a copy is sufficient for registration, but another original will not be superfluous.
So, it is obvious that a tripartite sales agreement is quite complex. It is much easier to create two separate documents. You can do this yourself.
Attention! To draw up tripartite agreements, it is advisable to invite a specialist, which is what legal entities do.
Rules for drawing up a contract
In most cases, such agreements are concluded in situations where at least one party is a legal entity, for example a car dealership, a bank, which becomes the mortgagee, etc. Typically, such documents are prepared by professionals in advance.
But this does not mean that the buyer should not be vigilant when filling it out. The law allows for amendments to the contract by agreement of the parties. You should not believe the seller’s employee who assures you that it is impossible to correct the finished form.
There is always an electronic source to which you can make changes. The main thing is that the parties come to an agreement.
You can first download a sample of such an agreement online for study. When concluding, you must be attentive to the following aspects:
- Payment for services of third parties and what rights they acquire under the contract;
- Indicating the moment of complete transfer of ownership to the buyer;
- Obligations that the buyer has to a third party;
- Grounds for termination of the contract.
As practice shows, subsequently surprises arise precisely in these issues. Especially when it comes to purchases with the participation of the pledge holder’s organization.
Rights and obligations of the third party to the contract
It is extremely important to specify the legal status of each of its parties in the contract. This is done at the discretion of the participants and based on the goals that need to be achieved.
It's worth looking at an example. So: a tripartite purchase and sale agreement connects the purchase itself and the provision of intermediate services for the expert assessment of the purchased car.
The transaction will determine the expert's right to:
- gain access to the vehicle;
- inspect it in the presence of the other parties to the agreement or without it;
- receive payment for your services. In this case, the parties must decide who exactly will pay for the ordered services and in what order.
It is obvious that in the end the rights and obligations of all parties to the agreement will be interconnected.
How to draw up a car purchase and sale agreement?
The transfer of property rights from one citizen to another is formalized using a special document - a purchase and sale agreement. The act is drawn up between the seller and the buyer. Its text must contain all the terms of the transaction. This provision is provided for at the legislative level. The drafting of contracts for the sale and purchase of automobiles is regulated by the Federal Civil Law (you can download the text of the current Civil Code from the link ).
If the drawn up agreement for the sale of a car is drawn up with deviations from legal requirements, it will be declared invalid. Therefore, it is important to know all the nuances of drawing up such an act. How to correctly write a car purchase and sale agreement and what documentation is required is presented in the contents of this article.
Rules for drawing up a car purchase and sale agreement
The law stipulates that a car sale transaction must be concluded in writing. An oral agreement has no legal significance, and accordingly it is not possible to register the re-registration of property rights.
Previously, there was a rule about the preliminary deregistration of a vehicle before the signing of the purchase and sale agreement. The current provisions of legislative acts do not provide for such actions. It is allowed to deregister the vehicle after completion of the transaction. It is important that the buyer contacts the state automobile inspectorate within a certain time frame after signing the purchase and sale agreement.
A car purchase and sale agreement is drawn up in accordance with the rules described in the civil legislation. The document structure looks like this:
- name of the purchase and sale agreement;
- day/month/year when this agreement for the sale of the car was drawn up;
- the locality where the transaction takes place;
- information about the person selling his car;
- information about the citizen purchasing the car;
- full description of the object of the purchase and sale agreement. Please indicate:
- vehicle brand;
- model;
- manufacturer;
- year of issue;
- type of car being sold;
- license plate;
- color;
- identification code;
- engine data;
- body information;
- other characteristic features.
- terms of payment, namely:
- price;
- methods - installments, full payment, advance payment, etc.;
- methods - cash or non-cash.
- obligations and rights of the parties to the purchase and sale agreement;
- personal signatures of the parties to the transaction.
You can download a sample car purchase and sale agreement here . The contract form is presented in general form. By mutual agreement, the parties have the right to introduce their own additional points. For example, indicate a clause on penalties if any of them violates the terms of this agreement.
Between individuals
A contract for the purchase and sale of a car can be concluded between the following persons:
- physical;
- legal;
- physical and legal.
In general, the procedure for selling a vehicle between individuals is determined as follows:
- the seller decides to sell the car he owns;
- there is a potential buyer of the vehicle;
- Oral negotiations take place between the seller and the buyer. At this stage, the technical characteristics of the car being sold, price, payment methods, conditions for transferring ownership rights, etc. are discussed;
- when both parties have verbally reached a mutual agreement, the agreement is formalized in writing using a sales contract;
- fill out the passport of the car being sold;
- cash settlements are made with the seller;
- the car is transferred to its new owner;
- The registration stage begins. Re-registration of ownership of a car from one name to another is carried out at the traffic police department;
- referral to the MREO.
The form of the contract for the purchase and sale of a car between individuals must correspond to the sample indicated above.
If the purchase and sale agreement for a vehicle is concluded between individuals. persons, and the interests of one of the parties are represented by a third party, then this information must also be included in the text of the agreement. According to the law, representation of interests is possible only with the appropriate power of attorney. The law also stipulates that the trust deed must be certified by a notary office. The absence of a notary mark on the document indicates the invalidity of the power of attorney, which means it is not possible to complete the transaction.
Between a legal entity and an individual
When a legal entity acts as a seller of a car, it must follow certain legal rules. These include:
- drawing up an order. The document is drawn up by an authorized person - a manager, director or deputy vested with similar rights. The document is written in accordance with the internal rules of the company. It contains information about the vehicle being sold, the cost of the transaction, as well as information about the individual who wants to purchase a car from the company;
- carry out a special examination, as a result of which the specific cost of the car will be revealed. Cost analysis is carried out by an independent company.
When the above conditions are met by management, a car purchase and sale agreement is drawn up between a legal entity and an individual. The structure of the document generally corresponds to the above example, however, there is a nuance when indicating the details of the participants in the transaction. The document states the following:
- about an individual:
- Full Name;
- passport number, its series, by whom and when the act was issued, expiration date;
- contact information - address and telephone number.
- about a legal entity:
- Name of the organization;
- personal data of the authorized person - last name, patronymic, first name and position;
- company address - actual and legal;
- mailing address;
- OGRN;
- TIN;
- checkpoint;
- OKTMO;
- current and correspondent accounts.
Once the sales contract is drawn up and signed by both parties, the payment procedure follows. An individual must transfer to the legal account the specified amount for the purchased car. When payment is made, the selling company issues a transfer and acceptance certificate. This deed of transfer is signed by both parties. After signing it, the buyer must contact the automobile inspection department, where the data about the new owner will be re-registered.
Required documents
When citizens are going to purchase a used car under a sales contract, they need to make sure that the object of purchase:
- is not in collateral;
- does not have any registration restrictions;
- not purchased on credit that has not yet been repaid;
- has no outstanding penalties;
- not arrested.
When the car being sold does not correspond to the above list, it is worthwhile to draw up a sales agreement. The legislation determines that to draw up a contract for the sale and purchase of a car, the following papers will be required:
- ID card of a Russian citizen;
- registration certificates for this vehicle;
- PTS;
- insurance policy (OSAGO).
Transfer and Acceptance Certificate
A car purchase and sale agreement is not the only document when selling a car. After signing the agreement and after making payments, a transfer and acceptance certificate should be drawn up. The preparation of such a document is provided for at the legislative level; only when it is signed, the transaction is considered completed. The signatures of the seller and buyer on it will mean that each of them has fulfilled the terms of the transaction.
In the text of the transfer and acceptance certificate, it is important to indicate some information, namely:
- document's name;
- the place where it was formalized - the locality;
- date of writing the act;
- indication of information about the concluded purchase and sale agreement;
- information about the parties to the transaction;
- full characteristics of the car being transferred to another owner;
- agreement between the seller and the buyer that they have no claims against each other;
- paintings of members of the transaction. If one of the participants is a legal entity, then the company’s seal is also affixed.
Individuals have the right to draw up a transfer and acceptance certificate in writing on plain paper, while organizations must draw it up on their own special form.
What is a tripartite car purchase and sale agreement?
When a citizen is going to sell a car taken on credit and the debt obligations to the credit institution have not yet been repaid, then it is necessary to draw up a tripartite purchase and sale agreement.
In this case, there will be three parties to the transaction:
- buyer;
- salesman;
- credit organisation.
The seller initially needs to find a buyer who will repay the loan for the car being sold and in return transfer ownership of the car to him. In such cases, it is important to notify the credit company. When drawing up a tripartite agreement for the purchase and sale of a car, a standard agreement is used ( download sample ). However, the document contains information about the third party to the transaction:
- his role in the car sales agreement;
- its obligations and rights;
- full details.
The essence of the tripartite agreement is that the buyer provides guarantees for repayment of the loan, the borrower undertakes to transfer ownership of the car to the buyer, and the credit institution receives previously issued funds.
Tripartite car purchase and sale agreement
Agreement N ___
for the purchase and sale of a car
(tripartite)
g. __________ “___”________ ____ g.
___________________________________, hereinafter referred to as the “Seller”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of _____________________________________________________, on the one hand,
(document confirming authority)
_____________________________________, hereinafter referred to as the “Buyer”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of ___________________________________________, on the other hand,
(document confirming authority)
_____________________________________, hereinafter referred to as the “Recipient”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of __________________________________________, from a third party
(document confirming authority)
collectively referred to as the “Parties”, have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1.
In accordance with this Agreement, the Seller undertakes to transfer the ownership of the vehicle (hereinafter referred to as the Car) to the Recipient, and the Buyer undertakes to accept the Car and pay the cost of the Car specified in this Agreement. 1.2.
Technical characteristics of the Car: 1.2.1.
Make and model of vehicle: ___________________. 1.2.2.
State registration mark: ___________________. 1.2.3.
Identification number (VIN): __________________________. 1.2.4.
Name (vehicle type): ___________________. 1.2.5.
Vehicle category: _______________________. 1.2.6.
Year of manufacture of the vehicle: ________________. 1.2.7.
Model, engine number: ________________________________. 1.2.8.
Chassis (frame) number: _____________________________________. 1.2.9.
Body color: _____________________________________________________. 1.2.10.
Engine power: ____________________________________. 1.2.11.
Engine displacement: _______________________________. 1.2.12.
Engine's type: _________________________________________. 1.2.13.
Vehicle registration certificate: series ____, number _____, date of issue “___”__________ ___, issued ______________________________. 1.3.
At the time of sale, the Car has not been sold, not mortgaged, and is free from any rights of third parties and other encumbrances. 1.4.
The transfer of the car to the Recipient is carried out within _______ (______________) working (calendar) days after signing this Agreement. 1.5. The risk of accidental loss or accidental damage to the Car passes to the Recipient from the moment it is transferred by the Seller to the Recipient.
2. Obligations of the Parties
2.1.
The seller undertakes: 2.1.1.
Deliver to the Recipient the Vehicle fit for use, in good technical condition, in the manner and within the time limits specified in this Agreement. 2.1.2.
Transfer to the Recipient, simultaneously with the transfer of the car, its accessories and technical documentation for it according to the acceptance certificate. 2.1.3.
Accept payment made by the Buyer. 2.2.
The recipient undertakes: 2.2.1.
Accept the Car according to the acceptance certificate under the conditions provided for in this Agreement. 2.3.
The Buyer undertakes: 2.3.1. Pay for the Car in the amount and manner established by this Agreement.
3. Price of the Car and payment procedure
3.1.
As agreed by the Parties, the price of the Car is ________ (__________) rubles. 3.2.
Payment is made by the Buyer in cashless form by transferring funds to the Seller's bank account specified in this Agreement. 3.3. Transfer of funds is made in full within _____ (_________) business (banking/calendar) days from the date of signing this Agreement.
4. Responsibility of the Parties and force majeure circumstances
4.1.
For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties bear responsibility under the current legislation of the Russian Federation. 4.2.
In case of violation of the terms of delivery of the Car, the Buyer has the right to demand payment of a fine (penalty) in the amount of ____% of the cost of the Car under this Agreement for each day of delay. 4.3.
In case of late payment by the Buyer for the cost of the Car, the Seller has the right to demand payment of a fine (penalty) in the amount of ___% of the amount not paid on time for each day of delay. 4.4.
Payment of fines (penalties) does not relieve the Parties from fulfilling their obligations under this Agreement. 4.5.
Under this Agreement, the Seller is responsible in the manner prescribed by the current legislation of the Russian Federation for providing knowingly false information about encumbrances of the Real Estate and restrictions on its use. 4.6.
The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent. 4.7.
If the circumstances specified in clause 4.6 of this Agreement occur, each Party must immediately notify the other Party about them in writing. 4.8.
The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under this Agreement. 4.9.
In the event of the occurrence of the circumstances provided for in clause 4.6 of this Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply. 4.10. If the circumstances listed in clause 4.6 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.
5. Dispute resolution
5.1.
All disputes and disagreements that may arise during the implementation of the terms of this Agreement, the Parties will strive to resolve through negotiations. 5.2. Disputes that are not resolved through negotiations are resolved in court, established by the current legislation of the Russian Federation.
6. Validity, amendment and termination of the Agreement
6.1.
This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties to this Agreement complete their obligations under it. 6.2. The terms of this Agreement may be changed by mutual agreement of the Parties by signing a written agreement.
7. Final provisions
7.1.
All changes and additions to this Agreement must be made in writing and signed by authorized representatives of the Parties. 7.2.
The parties undertake to notify each other in writing of changes in details and addresses. 7.3.
This Agreement is drawn up in three copies having equal legal force, one for each of the Parties. 7.4.
Neither Party has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party. 7.5.
In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation. 7.6.
An integral part of this Agreement are the appendices: 7.6.1.
Certificate of acceptance and transfer of the Car (Appendix N __). 7.6.2. ______________________________.
8. Details and signatures of the Parties
Seller: Buyer: Buyer:
______________________________ ______________________________ ______________________________
(name) (name) (name)
Legal/actual address: Legal/actual address: Legal/actual address:
______________________________ ______________________________ ______________________________ ______________________________
______________________________ ______________________________
INN/KPP ______________________ INN/KPP _____________________ INN/KPP _____________________
OGRN _________________________ OGRN _________________________ OGRN _________________________
Telephone: _____________________ Telephone: _____________________ Telephone: _____________________
Fax: ________________________ Fax: ________________________ Fax: ________________________
Email address: Email address: Email address:
______________________________ ______________________________ ______________________________
Bank details: Bank details: Bank details:
______________________________ ______________________________ ______________________________
______________________________ ______________________________ ______________________________
(option: (option: (option:
______________________________ ______________________________ ______________________________
(full name) (full name) (full name)
Address: _______________________ Address: _______________________ Address: _______________________
______________________________ ______________________________ ______________________________
Passport details: ___________ Passport details: ___________ Passport details: ___________
______________________________ ______________________________ ______________________________
Phone: _____________________ Phone: _____________________ Phone: _____________________
Email address: Email address: Email address:
______________________________ ______________________________ ______________________________
Account ________________________) Account ________________________) Account ________________________ )
______________________________ ______________________________ ______________________________
(full name) (full name) (full name)
______________________________ ______________________________ ______________________________
(signature) (signature) (signature)
———————————
Information for information:
According to the Federal Law of 04/06/2015 N 82-FZ “On amendments to certain legislative acts of the Russian Federation regarding the abolition of the mandatory seal of business companies” from 04/07/2015 business companies are not required to have a seal.
Tripartite car purchase and sale agreement
Tripartite car purchase and sale agreement
Agreement N ___
for the purchase and sale of a car
(tripartite)
g. __________ “___”________ ____ g.
___________________________________, hereinafter referred to as the “Seller”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of _____________________________________________________, on the one hand,
(document confirming authority)
_____________________________________, hereinafter referred to as the “Buyer”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of ___________________________________________, on the other hand,
(document confirming authority)
_____________________________________, hereinafter referred to as the “Recipient”,
(name or full name)
represented by _______________________________________________________, acting___
(position, full name of the authorized representative)
on the basis of __________________________________________, from a third party
(document confirming authority)
collectively referred to as the “Parties”, have entered into this Agreement as follows:
1. The Subject of the Agreement
1.1.
In accordance with this Agreement, the Seller undertakes to transfer the ownership of the vehicle (hereinafter referred to as the Car) to the Recipient, and the Buyer undertakes to accept the Car and pay the cost of the Car specified in this Agreement. 1.2.
Technical characteristics of the Car: 1.2.1.
Make and model of vehicle: ___________________. 1.2.2.
State registration mark: ___________________. 1.2.3.
Identification number (VIN): __________________________. 1.2.4.
Name (vehicle type): ___________________. 1.2.5.
Vehicle category: _______________________. 1.2.6.
Year of manufacture of the vehicle: ________________. 1.2.7.
Model, engine number: ________________________________. 1.2.8.
Chassis (frame) number: _____________________________________. 1.2.9.
Body color: _____________________________________________________. 1.2.10.
Engine power: ____________________________________. 1.2.11.
Engine displacement: _______________________________. 1.2.12.
Engine's type: _________________________________________. 1.2.13. Vehicle registration certificate: series ____, number _____, date of issue “___”__________ ___, issued ______________________________.
1.3.
At the time of sale, the Car has not been sold, not mortgaged, and is free from any rights of third parties and other encumbrances. 1.4.
The transfer of the car to the Recipient is carried out within _______ (______________) working (calendar) days after signing this Agreement. 1.5. The risk of accidental loss or accidental damage to the Car passes to the Recipient from the moment it is transferred by the Seller to the Recipient.
2. Obligations of the Parties
2.1.
The seller undertakes: 2.1.1.
Deliver to the Recipient the Vehicle fit for use, in good technical condition, in the manner and within the time limits specified in this Agreement. 2.1.2.
Transfer to the Recipient, simultaneously with the transfer of the car, its accessories and technical documentation for it according to the acceptance certificate. 2.1.3.
Accept payment made by the Buyer. 2.2.
The recipient undertakes: 2.2.1.
Accept the Car according to the acceptance certificate under the conditions provided for in this Agreement. 2.3.
The Buyer undertakes: 2.3.1. Pay for the Car in the amount and manner established by this Agreement.
3. Price of the Car and payment procedure
3.1.
As agreed by the Parties, the price of the Car is ________ (__________) rubles. 3.2.
Payment is made by the Buyer in cashless form by transferring funds to the Seller's bank account specified in this Agreement. 3.3. Transfer of funds is made in full within _____ (_________) business (banking/calendar) days from the date of signing this Agreement.
4. Responsibility of the Parties and force majeure circumstances
4.1. For failure to fulfill or improper fulfillment of obligations under this Agreement, the Parties bear responsibility under the current legislation of the Russian Federation.
4.2. In case of violation of the terms of delivery of the Car, the Buyer has the right to demand payment of a fine (penalty) in the amount of ____% of the cost of the Car under this Agreement for each day of delay.
4.3. In case of late payment by the Buyer for the cost of the Car, the Seller has the right to demand payment of a fine (penalty) in the amount of ___% of the amount not paid on time for each day of delay.
4.4. Payment of fines (penalties) does not relieve the Parties from fulfilling their obligations under this Agreement.
4.5. Under this Agreement, the Seller is responsible in the manner prescribed by the current legislation of the Russian Federation for providing knowingly false information about encumbrances of the Real Estate and restrictions on its use.
4.6. The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary circumstances that the Parties could not foresee or prevent.
4.7. If the circumstances specified in clause 4.6 of this Agreement occur, each Party must immediately notify the other Party about them in writing.
4.8. The notice must contain data on the nature of the circumstances, as well as official documents certifying the existence of these circumstances and, if possible, assessing their impact on the ability of the Party to fulfill its obligations under this Agreement.
4.9. In the event of the occurrence of the circumstances provided for in clause 4.6 of this Agreement, the period for the Party to fulfill its obligations under this Agreement is postponed in proportion to the time during which these circumstances and their consequences apply.
4.10. If the circumstances listed in clause 4.6 of this Agreement and their consequences continue to apply for more than two months, the Parties shall conduct additional negotiations to identify acceptable alternative methods of execution of this Agreement.
5. Dispute resolution
5.1.
All disputes and disagreements that may arise during the implementation of the terms of this Agreement, the Parties will strive to resolve through negotiations. 5.2. Disputes that are not resolved through negotiations are resolved in court, established by the current legislation of the Russian Federation.
6. Validity, amendment and termination of the Agreement
6.1.
This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties to this Agreement complete their obligations under it. 6.2. The terms of this Agreement may be changed by mutual agreement of the Parties by signing a written agreement.
7. Final provisions
7.1.
All changes and additions to this Agreement must be made in writing and signed by authorized representatives of the Parties. 7.2.
The parties undertake to notify each other in writing of changes in details and addresses. 7.3. This Agreement is drawn up in three copies having equal legal force, one for each of the Parties.
7.4. Neither Party has the right to transfer its rights and obligations under this Agreement to third parties without the written consent of the other Party.
7.5. In all other respects that are not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
7.6. An integral part of this Agreement are the annexes:
7.6.1. Certificate of acceptance and transfer of the Car (Appendix N __).
8. Details and signatures of the Parties
[/vc_column_text][vc_row_inner][vc_column_inner width=”1/3″][vc_column_text]Seller:______________________________
(Name)
Legal/actual address:
_______________________________
_______________________________
INN/KPP _______________________
OGRN _________________________
Telephone: ______________________
Fax machine: _________________________
E-mail address:
______________________________
Bank details:
______________________________
______________________________
(option:
______________________________
(FULL NAME.)
Address: ________________________
______________________________
Passport details: ____________
______________________________
Telephone: ______________________
E-mail address:
______________________________
Check _________________________)
______________________________
(full name)
______________________________
(signature)
M.P.
______________________________
(Name)
Legal/actual address:
_______________________________
_______________________________
INN/KPP _______________________
OGRN _________________________
Telephone: ______________________
Fax machine: _________________________
E-mail address:
______________________________
Bank details:
______________________________
______________________________
(option:
______________________________
(FULL NAME.)
Address: ________________________
______________________________
Passport details: ____________
______________________________
Telephone: ______________________
E-mail address:
______________________________
Check _________________________)
______________________________
(full name)
______________________________
(signature)
M.P.
______________________________
(Name)
Legal/actual address:
_______________________________
_______________________________
INN/KPP _______________________
OGRN _________________________
Telephone: ______________________
Fax machine: _________________________
E-mail address:
______________________________
Bank details:
______________________________
______________________________
(option:
______________________________
(FULL NAME.)
Address: ________________________
______________________________
Passport details: ____________
______________________________
Telephone: ______________________
E-mail address:
______________________________
Check _________________________)
______________________________
(full name)
______________________________
(signature)
M.P.