This is a courtesy translation. The Russian version of the document has legal force.
1. General Provisions
This document is a public offer by ООО «РУНИКОМ» (ОГРН 1205500016127, ИНН 5503192756, address: 644099, Омская область, г. Омск, ул. Орджоникидзе, д. 14, кв. 1) — hereinafter the «Agent» — to conclude an agency contract on the terms set out below.
The Agent carries out its activities under the commercial designation «AVTOVIZA».
Acceptance of the offer is the performance by the Principal of the actions specified in section 4. From the moment of acceptance, the contract is deemed concluded (article 438 of the Civil Code of the Russian Federation).
The contract is an agency contract (chapter 52 of the Civil Code of the Russian Federation). The Agent acts in its own name but at the expense of the Principal, unless otherwise agreed by the parties in writing.
2. Subject Matter of the Contract
The Agent, on the instructions of the Principal and for remuneration, organises:
• the selection of a vehicle or machinery according to the parameters agreed with the Principal;
• the verification of the technical condition and history of the selected vehicle;
• the purchase of the vehicle from the seller in the country of export;
• transportation to the border of the country of destination and within its territory to the agreed city;
• customs clearance and the preparation of the documents necessary for registration.
Countries of export: China, Korea, Japan, Europe, the USA, Canada, the UAE, India.
Countries of destination: Russia, Belarus, Kazakhstan, Armenia, Uzbekistan, Georgia, Azerbaijan.
The specific list of instructions for each transaction is recorded in the request agreed by the parties.
3. Definitions
«Principal» — a natural or legal person who has instructed the Agent to perform the actions specified in section 2.
«Request» — a document agreed by the parties containing the selection parameters, the country of export, the city of delivery and the maximum cost.
«Vehicle» — a car, motor vehicle, commercial transport or other machinery specified in the Request.
4. Procedure for Concluding the Contract
Acceptance of the offer is recognised as one of the following actions of the Principal:
• signing the contract with a simple electronic signature in the personal account;
• payment of the invoice issued by the Agent for a specific transaction.
Topping up the main account does not in itself constitute acceptance and does not conclude a contract: depositing money into the account does not mean that the person has read the terms.
The full text of this offer, with all annexes and the price list, is available to the Principal before performing any of these actions and may be saved and printed. The invoice, payment of which is recognised as acceptance, contains a direct reference to this offer and its version.
Immediately after acceptance, the Agent sends the Principal, to their email address, the contract file in the accepted version and the signing protocol.
Until the moment of acceptance, the Agent has the right to change the terms of the offer or to withdraw it. The version in force on the date of acceptance applies to an already concluded contract; the Agent does not unilaterally change the terms of a concluded contract.
5. Price of Services and the Agent's Remuneration
The prices for the Agent's services are established by the price list, which is an integral annex to this offer, is published on the website and is available to the Principal before acceptance. The prices of the price list are the same for all Principals who are natural persons; individual surcharges are not applied. Differences are permitted only on the objective grounds named in the price list itself: the country of purchase, the category of machinery, the composition of services.
As of the date of acceptance, prices are fixed and are not subsequently changed unilaterally. A service, of the price of which the Principal was not notified before it was provided, is not payable.
The price of the Agent's services is separated from the amounts transferred to third parties at the expense of the Principal: the cost of the vehicle, the platform's commission, transportation, insurance, customs payments, the services of the broker and the laboratory, state duties. These amounts are not the price of services and are reimbursed at actual documented expenses; the Agent's mark-up is not added to them.
The amount of remuneration for a specific transaction is fixed in the contract and the Request.
The remuneration is included in the total cost communicated to the Principal before the conclusion of the contract.
The Agent's expenses incurred in performing the instruction (the cost of the vehicle, transportation, customs payments, the services of third parties) are reimbursed by the Principal in addition to the remuneration and are confirmed by documents.
Details for settlements: {{BANK_REQUISITES}}.
6. Contracts for the Transaction
This offer sets out the general terms. The specific obligations of the parties are formalised by contracts that are signed in the personal account as the transaction progresses:
1. Documentary diagnostics contract — verification of the history of the selected vehicles against available sources.
2. Selection contract — selection of options, on-site diagnostics, payment of an advance towards the cost of services.
3. Purchase and supply contract — acquisition of the agreed vehicle, transportation, insurance, customs clearance.
4. Registration and handover contract — storage until release, representative services, documents of conformity, state duties, handover of the vehicle.
Each contract operates independently; concluding the next one is not required if the Principal has decided to stop. In the event of a discrepancy between this offer and the contract for a specific transaction, the contract applies.
The contract is drawn up under the law of the country of destination — the one into which the vehicle is imported — and contains references to its legislation.
7. Rights and Obligations of the Parties
The Agent undertakes to: perform the instruction on the terms most favourable to the Principal; report on the progress of performance; transfer to the Principal everything received under the transaction; submit a report with supporting documents attached.
The Agent has the right to: engage third parties (sub-agents, carriers, customs representatives) without the additional consent of the Principal, while remaining responsible for their actions.
The Principal undertakes to: provide accurate information necessary for the performance of the instruction; make payments in a timely manner; accept what has been performed and sign the Agent's report; reimburse the expenses incurred by the Agent.
The Principal has the right to: receive information about the progress of performance; refuse to perform the contract in the manner established by section 8.
8. Timeframes
The timeframes for performing the instruction are specified in the Request and depend on the country of export, the availability of the vehicle and the working times of state authorities.
Timeframes that depend on third parties (carriers, customs authorities, testing laboratories) are not guaranteed and may be changed. The Agent notifies the Principal of a change in the timeframe.
Force majeure circumstances release the parties from liability for breach of timeframes for the period of their duration.
9. Principal's Withdrawal and Refund of Funds
The Principal has the right to refuse to perform the contract at any time by sending a notification through the personal account. The refusal does not require giving reasons or the consent of the Agent and does not entail penalties.
The Agent withholds only the expenses actually incurred before receipt of the refusal and confirmed by primary documents of third parties, and the cost of services actually rendered. Withholdings calculated as a percentage of the amount deposited are not made: a percentage of the amount is not an expense but a penalty for withdrawing from the contract.
The calculation of the withholding, with documents attached, is sent within 5 business days. The balance is credited to the main account and, on demand, is withdrawn to the Principal's bank account — in total no later than 10 calendar days from the date of receipt of the refusal. In the event of a breach of the deadline, the Agent pays a penalty of 1% of the unreturned amount for each day of delay.
If a defect in the service rendered is discovered, the Principal has the right to demand its free remedy, repeat performance, a proportionate reduction in the price or reimbursement of the costs of remedy. If the defect is material or is not remedied within the appointed time, the Principal has the right to refuse the contract and demand a full refund of what has been paid.
A demand is considered within 10 business days; the absence of a response within this period means acknowledgement of the demand.
10. Amendment and Termination
The contract may be terminated by agreement of the parties.
The Principal has the right to refuse to perform the contract, reimbursing the Agent for the expenses actually incurred, confirmed by documents.
After the purchase of the vehicle, the Principal's refusal does not entail a refund of the cost of the vehicle and the expenses incurred.
The Agent has the right to refuse performance in the event of a material breach by the Principal of its obligations, including delay in payment.
11. Liability
The parties bear liability in accordance with the legislation of the Russian Federation.
The Agent is not liable for hidden defects of the vehicle not revealed during the inspection to the extent agreed by the Request.
The Agent is not liable for changes in customs duties, fees, exchange rates and the requirements of state authorities that occurred after the Request was agreed.
12. Dispute Resolution
The parties take measures to settle disputes through negotiations. The complaint procedure is mandatory; the period for responding to a complaint is 30 (thirty) calendar days.
If agreement is not reached, the dispute is referred to the court at the location of the Agent, unless a different jurisdiction is established by law.
The relations of the parties are governed by the law of the Russian Federation.
13. Details of the Agent
ОБЩЕСТВО С ОГРАНИЧЕННОЙ ОТВЕТСТВЕННОСТЬЮ «РУНИКОМ»
ОГРН 1205500016127, ИНН 5503192756, КПП 550301001
Address: 644099, Омская область, г. Омск, ул. Орджоникидзе, д. 14, кв. 1
General Director: Смирнова Татьяна Владимировна, acting on the basis of the Charter
Bank details: {{BANK_REQUISITES}}
Phone: +7 913 666-94-83. Email: [email protected]
Address for sending claims: 644099, Омская область, г. Омск, ул. Орджоникидзе, д. 14, кв. 1. Email for claims: [email protected].
A claim sent by any of these means or through the personal account is deemed received by the Agent. Response to an enquiry — 3 business days, to a claim — 10 business days.
The details for payment for a specific transaction are available exclusively in the personal account and are specified in the currency of the invoice issued. Details received from any other source do not belong to the Agent.
Version of 27.08.2024.
Остальные документы: Политика конфиденциальности, Пользовательское соглашение, Публичная оферта, Реквизиты.