The standard form of the contract between a simple partnership and the subject of service activity
Appendix 1
to the Minister of Industry's note
Infrastructural development of the Republic of Kazakhstanot
March 30, 2020 No. 165
The standard form of the contract between a simple partnership and the subject of service activity
the year _____________ "____" ____________ 20__ A year ago, a simple partnership of owners of apartments, non-residential premises of an apartment building (hereinafter – MZhD) __________________( the name of the housing complex and its actual location (full postal address), hereinafter referred to as the "Simple Partnership", represented by the Trustee __________________________________________( last name, first name, patronymic (if any), acting on the basis of a simple written power of attorney, on the one hand, and ___________________________________________________________( name of an individual or legal entity), hereinafter referred to as The "subject of service activity" represented by the head __________________________________________( last name, first name, patronymic (if any), acting on the basis of ___________________________________, On the other hand, hereinafter collectively referred to as the "Parties", have concluded this agreement. (hereinafter referred to as the Agreement) for the provision of services for the maintenance of the common property of the condominium facility and came to an agreement on the following.
Subject of the agreement
1.1. A simple partnership enters into a contract with a Service Provider for the provision of the following services for the maintenance of the common property of a condominium facility:________________________________________________________________________________________________________________________________, and the Service Provider undertakes to provide the service in a timely and high-quality manner.
The cost of the Contract and the payment procedure
2.1. The total cost of rendering the service under the Agreement is__________ tenge excluding VAT.
2.2. Based on the results of the service provided, a Simple partnership sends a non-cash payment to the account of the Service Provider or issues funds from the current account on the basis of an act on the provision of services.
The volume of services provided provided for in the annual cost estimates for the maintenance of the common property of the condominium facility are adjusted by agreement of the Parties.
2.3. The property acquired as a result of the actions of the Subject of the Service activity is included in the general property of the Ministry of Railways.
Rights and obligations of the Parties to the Agreement
3.1. A simple partnership represents the interests of the owners of apartments, non-residential premises of this MZHD, monitors the quality provision of services by the Subject of service activities.
3.2. Owners of parking spaces and storerooms apply to a Simple partnership for the quality of services provided by the Service Provider.
3.3. The Service Provider is responsible for the quality and proper provision of services under this Agreement.
3.4. Simple Partnership:
1) requires the Service Provider to provide high-quality services in full in accordance with the terms of this Agreement;
2) requires the Service Provider to reimburse costs for damage to common property due to his fault;
3) receives information about the provision of services from the Subject of the service activity;
4) in case of poor-quality provision of services, it requires the Subject of service Activity to eliminate defects free of charge or reimburse the costs of elimination at the expense of a Simple partnership.
3.5. Obligations of a Simple Partnership:
1) controls the fulfillment of contractual obligations of the Service Provider;
2) pays to the Service Provider for the provision of the services specified in clause 1.1., according to the invoice issued on the basis of acts of service provision signed by the Authorized Person and the Service Provider before the ___ day of the month following the settlement on the basis of the act of work performed;
3) considers complaints and appeals from owners of apartments, non-residential premises, parking spaces, storerooms regarding the provision of services under the specified Agreement, if necessary, initiate this issue before the Service Provider;
4) accepts acts on the provision of services from the Subject of service activity;
5) exercises powers and functions in the interests of the Ministry of Railways within the framework of this agreement.
6) performs duties stipulated by the legislation of the Republic of Kazakhstan, including in the field of housing relations and this Agreement;
3.6. The subject of the service activity:
1) receives timely payment for the service rendered;
2) claims compensation for losses incurred by him as a result of violation of payment obligations due to non-fulfillment of the terms of this Agreement;
3.7. Duties of the Service Business Entity:
1) provide services efficiently and on time within the framework of this Agreement;
2) notify a Simple partnership about the beginning and place of work, about disconnection, testing or other change in the mode of operation of engineering networks two days in advance, except in cases of emergency situations;
3) perform duties stipulated by the legislation of the Republic of Kazakhstan, including in the field of housing relations and this Agreement;
4) in the event of an emergency in an apartment or a room, parking space, storage room owned by individuals or legal entities, threatening damage to the common property of the Moscow Railways (in the absence of owners of apartments, non-residential premises, parking spaces, storerooms, information about their place of work, permanent residence or location at the time of the accident), immediately notify a Simple partnership in order to take joint measures to liquidate it, without violating the rights of the owner.
The procedure for the provision of services
4.1. The parties sign an act on the provision of services in two copies.
4.2. The Trustee, within five working days from the date of receipt from the Service Provider of the act of services rendered, signs this act or submits a reasoned refusal to sign the act of services rendered. If there are motivated comments from a Trusted Person, the Service Provider will eliminate such comments as soon as possible, but not more than within five working days.
4.3. If the Subject of the Service Activity does not eliminate the comments of the Authorized Person, the Authorized Person shall involve another person to eliminate the comments and recover the expenses incurred from the Subject of the Service Activity by deducting or deducting from the payment due to the Subject of the Service Activity and/or by making a claim to the Subject of the Service Activity. The service Provider will reimburse the expenses incurred by the Authorized Representative within five business days from the date of receipt of the request.
4.4. The Services are considered accepted by the Authorized Person from the moment of signing the act of services rendered. If the Authorized Representative has not provided his comments within the period specified in clause 4.2 of the Agreement, the services are considered accepted without comments.
Responsibility of the Parties
5.1. The Parties are responsible for non-fulfillment or improper fulfillment of the terms of this Agreement in accordance with the current legislation of the Republic of Kazakhstan.
5.2. In the event of improper provision of services by a Service Business Entity, a Simple partnership shall file a claim in court for termination of this Agreement and compensation for damages.
An irresistible force
6.1. The Parties are released from liability for non-fulfillment or improper fulfillment of their obligations under the Agreement if it resulted from the occurrence of force majeure circumstances: floods, fires, earthquakes, natural disasters, blockades, strikes, military operations, terrorist acts beyond the control of the will and actions of the parties, which could not have foreseen and which directly affected execution of the Contract. The deadlines for fulfilling obligations by a Party affected by force majeure circumstances are shifted for the duration of such circumstances.
6.2. The Party for whom it becomes impossible to fulfill its obligations under the Agreement shall notify the other Party in writing of the beginning and termination of the circumstances specified in clause 6.1. of the Agreement.
6.3. If the circumstances specified in clause 6.1. of this Agreement last for more than 1 (one) month, the Parties waive further fulfillment of obligations under the Agreement.
Dispute resolution procedure
7.1. In case of disagreements in the process of fulfilling obligations under the Agreement, the Parties shall take all necessary measures to resolve them out of court.
7.2. If the Parties have not reached an agreement, disputes are considered by the court in accordance with the current legislation of the Republic of Kazakhstan at the location of the Ministry of Railways.
The procedure for changing and terminating the Contract
8.1. All amendments and additions to this Agreement are made in writing and are certified by both Parties.;
8.2. The Parties prematurely terminate the Agreement by mutual written agreement of the Parties, or on the grounds provided for by the current legislation of the Republic of Kazakhstan.
8.3. The consequences of termination of this Agreement shall be determined by mutual agreement of the Parties or by a court at the request of either Party to the Agreement.
8.4. If one of the Parties withdraws from this Agreement, the other Party shall notify the other Party one month before the termination of the Agreement, unless the Parties reach an agreement on termination of the Agreement within a shorter period after the notification.
Other conditions
9.1. Obligations under a transaction made by a Service Business Entity in excess of the powers granted to it or in violation of the restrictions established for it are borne by the Service Business Entity at the expense of its property.
9.2. This agreement comes into force from the date of its signing by the Parties and is valid for one year and expires. _____________________ 20__ of the year.
The termination (termination) of this Agreement entails the termination of the obligations of the Parties under it, but does not release the Parties to the Agreement from liability for its violations, if any, during the fulfillment of the terms of this Agreement.
9.3. The Agreement is drawn up in two copies: in the official and Russian languages for each of the Parties, having the same legal force.
Details of the Parties
Trustee of a Simple Partnership__________________________________ Last name, first name, patronymic (if any)___________________________Address: _____________________Signature ___________________
"The subject of service activity"__________________________________( name)Address: _____________________________Representative:___________________________________family, first name, patronymic (if any)Signature ____________________________
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