Campeanu.ro» Articole» Diverse» Cum redactati in limba engleza cel mai sigur contract de prestari de servicii

Tags: achizitii, logistica, Expertise Service Provider Agreement, Model de contract

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Contractele in limba engleza sunt o provocare pentru orice avocat, oricat de multa experienta ar avea. Pentru dumneavoastra, ca specialist intr-un domeniu specific, aceste contracte sunt cu atat mai delicate. Iata de ce, in acest newsletter (este vorba de newsletterul Achizitii&Logistica - http://www.rs.ro/detalii_carte.asp?pid=339), lansam... campania "un contract pe editie". Si cum despre contractele de prestari servicii, incheiate intre dumneavoastra, ca beneficiar, si un partener de afaceri, ca furnizor stim ca aveti cele mai putine informatii, incepem cu un model pe care trebuie doar sa-l luati si sa-l personalizati.

Important!
Acest contract trebuie completat cu cel putin o anexa in care detaliati serviciile pe care furnizorul le presteaza pentru dumneavoastra. Datele din acest contract, precum transele de plata sau obligatiile furnizorului, sunt doar exemple, putand fi inlocuite, dupa caz, in functie de specificul serviciilor de care beneficiati.

Model de contract

Expertise Service Provider Agreement

Between
__________________, a limited liability company under the laws of ............, registered office (.................), represented by Mr._______________________
in   his   capacity  as   .........................,   hereinafter  called,   „Service Provider",

And

__________________, a limited liability company under the laws of____________, registered office in__________________, represented by Mr.__________in his capacity as_____________, hereinafter called „the Customer",

The Parties hereby agree as follows:

Article 1 - Object
This contract is an expertise service provider Agreement.
The purpose of the mission is schedule set forth in Appendix 1 hereto.

Article 2 - Price
In return for the service performed defined in article 1 here above, the Customer shall pay to the service provider the fixed price of ______________Euro.

The price shall be payable in the following manner:
a) 10% of the total price upon signature of the Agreement.
b) 20% of the total price 30 days thereafter signature of the Agreement.
c) 70% of the total price upon when the performance is being completed.
The above sums shall be payable by cheque within 8 (eight) days upon reception of the invoice, Tax and rights shall be added.

Article 3 - Term
The Agreement shall run for a term of 2 (two) years full and consecutive years from______________.
To perform the mission mentioned here above, the Service Provider shall refer to Article 5.

Article 4 - Obligations
The Service Provider shall proceed with utmost diligence and care in carrying out all of the services specified in article 1.
To this effect it shall manage the necessary team to perform the mission and shall submit before the final report, a feasibility study not than______[date].

4.1 Obligation To Contribute
The Client shall provide the Service Provider with any information necessary for the performance of the said Agreement. To this extent, the Client shall nominate Mr._____________and Mr._______________as referee for the various phases of the mission defined here above.

4.2 (Optional Clause: Access to Information)
The Client shall make sure that the Service provider shall be granted a free access to information in connection with the mission defined here above. (See clause 4.1.)

4.3 Obligation of Delivery
As of____________[date], the Service Provider shall provide the Client with a preliminary report. This latter shall be validated by the Client, so that the mission defined here above shall be executed.

Article 5 - Performance Calendar
a) Phase 1 defined hereunder in the specifications annexed shall be achieved on the______at the latest.
b) Phase 2: a feasibility study shall be completed on the_______at the latest.
c) Phase 3: the final report shall be submitted on the________at the latest.

Article 6 - Nature of Obligations
The Service Provider shall, commencing within 7 (seven) days of the effective date of the contract, proceed with utmost diligence and care in carrying out all of the services specified as in the obligations of the contract.

Article 7 - Quality Assurance
The Service Provider agrees to maintain a quality assurance program for services supplied hereunder in accordance with the requirements of the current revision of supplier quality assurance requirement document.

Article 8 - Confidentiality
The Service Provider shall not disclose any information communicated to it by the customer during the course of the Agreement and for the five years thereafter.
The service Provider shall ensure that its employees, suppliers and subcontractors comply with the above disclosure provision.

Article 9 - Ownership of Documents
All materials and documents prepared or developed by Supplier or its employees, representatives or subcontractors in connection with the work including all designs, data, drawings, plan specifications, calculations, report models and samples shall become the property of the Customer, and may not be used for any purpose other than the work without the Customer's prior written approval.
The Customer reserves the right to use materials and documents for the purpose of erection, maintenance, repair, extension or modification of the plant.
The Supplier agrees to return to Customer upon request all documents and data furnished by Customer for the performance of the contract and shall not retain or duplicate copies thereof,   without   Customer's knowledge and approval.

Article 10 - Penalty
The Service Provider shall pay the Customer liquidated damages at the rate of 20.000 (twenty thousand) Euro per week of delay.

Article 11 - Cancellation
In the event the obligations of one of the Parties don't comply with the articles referred to hereunder, the contract shall be, if required by the creditor of the said obligations, cancelled, by giving notice to such termination to the debtor of the obligations within 1 (one) month. Such notice shall serve to discharge the Parties hereto from their mutual obligations and responsibilities under this Agreement with respect to such products. Cancellation of the contract shall be effective 30 (thirty) days within the creditor's inefficient notice.

Article 12 - Hardship
The Parties are aware of the fact that this Agreement does not constitute a fair and equitable basis for their joint venture.
In the event that during the period of this Agreement the general situation and/or the data on which this Agreement is based are substantially changed so that either Party suffers severe and unforeseeable hardship, they shall consult each other and show mutual understanding with a view to making such adjustment as would appear to be necessary and such revisions as would be justified by circumstances which could not reasonably be foreseen, as of the date on which this Agreement was entered into, in order to restore the equitable character of this Agreement.
The Party which considers that the condition set forth in the here above paragraph are met, shall give notice thereof to the other Party by registered letter, return receipt requested which will specify the date and nature of the events which caused the change alleged by it, an evaluation of the hardship which is or will be suffered and the proposal made by it to remedy that change. Any notice given more than twelve months after the date of occurrence of the event that caused the change alleged by the Party giving the notice shall be of no effect.

Article 13 - Force Majeure
Performance of all or part of the contractual obligations incumbent on the Parties under the terms herein shall be deferred in the event of force majeure.
Force majeure means any event that the Parties could not be expected to foresee, that is entirely beyond the control of the defaulting Party, and that prevents the obligations of the Agreement from being performed as originally intended.
The Parties agree that the following in particular shall be considered cases of force majeure: war riots, fire, strike, inability to procure, and general transportation stoppage.
In the event of force majeure, as defined above, the invocating Party shall give notice to the other Party by registered letter with bill of receipt, or by telex or facsimile transmission within eight days of the event.
In the event of deferral, the term of the Agreement shall be extended accordingly.

Article 14 - Amendment
Neither the Agreement or any of its provisions may be amended, changed, modified or waived except in writing duly executed by the Party to be bound thereby.

Article 15 - Applicable Law and Authentic Text
The contract is governed by the law in force in the country where the Service Provider has its head office. The English text of this contract is authentic.

Article 16 - Competence
Any dispute arising out or in connection with this Agreement shall be settled without recourse to the courts, in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce in Paris, by one or more arbitrators designed in conformity with those Rules, the awards being final and binding. The arbitrator or arbitrators shall have power to rule on their own competence and on the validity of the Agreement to submit to arbitration.

Agreement made in Paris, this_________day of___________, in 3 (three) original copies.

The Service Provider    The Customer
............................         ............................