Public Offer Agreement

Public offer agreement for the performance of work and/or supply of equipment

Public offer agreement for the performance of work and/or supply equipment

  Limited Liability Company “Communication and Radionavigation SPb”, hereinafter referred to as the “Contractor”, hereby publishes this offer to enter into a contract for the supply of equipment and/or the provision of technical maintenance, repair and/or replacement services for equipment installed on a vessel, the terms of which are outlined below (hereinafter - the Agreement, Offer Agreement) to individuals/legal entities, which, upon acceptance of this offer (acceptance), are hereinafter referred to as Customers, collectively referred to as the Parties.

  This offer, in accordance with paragraph 1 of Article 435 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), is an offer of the Contractor.

   This offer comes into force from the moment of its publication on the Internet at https://cirspb.ru/en/about/oferta/ (hereinafter - the Website) and is valid until it is revoked by the Contractor.

   The Contractor has the right to change the terms of the Agreement or revoke it at any time at its discretion. In case of changes to the terms of the Agreement by the Contractor, such changes take effect from the moment the modified terms are published on the Website, unless another effective date is specified by the Contractor at the time of publication.

   The full and unconditional acceptance of the Contractor’s offer to enter into the Agreement (i.e., acceptance of the offer), in accordance with paragraphs 1 and 3 of Article 438 of the Civil Code of the Russian Federation, is considered to be the actions specified in clause 3.1. of this offer.

1. TERMS AND DEFINITIONS

1.1. For the purposes of this offer, the following terms are used in the following meanings:

Customer — a person who has accepted the offer and is the customer of the equipment and/or services of the Contractor under the concluded agreement;

Agreement — an agreement between the Customer and the Contractor, which is concluded by acceptance of the offer;

Offer — this document “Public Offer Agreement for the Performance of Work and/or Supply of Equipment”, published on the Internet at https://cirspb.ru/en/about/oferta/;

Offer Acceptance — the full and unconditional acceptance of the offer by performing the actions specified in clause 3.1. of the offer. Acceptance of the offer creates the agreement.

Equipment - a set of shipboard radio and navigation Equipment and/or spare parts to be transferred under this Agreement.

2. SUBJECT OF THE OFFER AGREEMENT.

2.1. Under this Offer Agreement, the Contractor, based on the application agreed upon by both Parties, undertakes to:

2.1.1. Perform technical maintenance, repair, and/or replacement of the Customer’s ship equipment (hereinafter - Work) in the scope and within the terms agreed by the Parties in the manner provided for in this Agreement.

2.1.2. Supply a set of ship equipment and/or spare parts with the simultaneous transfer of technical documentation for their use (if available).

2.2. Under this Offer Agreement, the Customer undertakes to accept the Work performed by the Contractor and/or the delivered Equipment, and to pay for the Work and/or Equipment in accordance with the terms of this Agreement.

3. MOMENT OF CONCLUSION OF THE OFFER AGREEMENT

3.1 The Customer, having reviewed the terms of this Agreement, sends the Contractor an Application for the supply of Equipment and/or performance of Work to the email address: service@cirspb.ru, or to the corporate email of the responsible manager - representative of the Contractor. The application must include the Customer’s contact details and ship data, as well as:

a) when submitting an Application for Work, specify the nature of the malfunction to determine the scope and timing of the work, the expected completion dates, and payment terms;

b) when submitting an Application for the supply of Equipment, specify the list of Equipment being purchased, the expected delivery dates, and payment terms;

c) when submitting a comprehensive Application for the supply of Equipment and performance of Work, the Customer must provide the information listed in subparagraphs a) and b) of this clause.

Upon receiving the application, the Contractor shall send a confirmation of receipt to the address specified by the Customer within 2 working days. By sending the Application, the Customer confirms the unconditional acceptance of this Agreement, and the Customer is considered as a party entering into a contractual relationship with the Contractor.

3.2. The email address of the Customer for document exchange shall be considered the address from which the Application was sent unless another address for document exchange is specified in the Application.

4.   OBLIGATIONS OF THE PARTIES

4.1. Obligations of the Customer:

4.1.1. The Customer provides the Contractor with the data necessary for the supply of Equipment and/or performance of Work under the Agreement in the required volume.

4.1.2. The Customer undertakes to accept and timely pay for the delivered Equipment and/or performed work in accordance with the terms of this Agreement.

4.1.3. Ensure the Contractor with an electric power supply of at least 1.5 kW, as well as a room for storing work tools and materials for the duration of the Work.

4.1.4. Provide the Contractor with a plan of the Customer’s facility, where the Work will be performed (in any form), with the designated work areas marked.

4.1.5. Provide the Contractor with a schedule indicating the days and times when the Work can be performed under this Agreement.

4.1.6. Ensure the Contractor has unobstructed access to the work areas in accordance with the working hours of the Customer and the Contractor.

4.2. Obligations of the Contractor:

4.2.1. In accordance with this Agreement, the Contractor is obliged to supply the Equipment and/or perform the work on terms agreed by the Parties.

4.2.2. In case of involving subcontractors in the performance of work under this Agreement, the Contractor assumes full responsibility for the work performed by them.

4.2.3. Deliver the results of the Work to the Customer as agreed by the Parties in this Agreement.

4.2.4. Transfer the Equipment free from any third-party property rights and claims, not pledged, and not under arrest (prohibition).

4.2.5. Immediately notify the Customer of any circumstances beyond the Contractor’s control that make it impossible to complete the Work and/or supply the Equipment on time with proper quality

4.2.6. Use only high-quality equipment and materials during the Work.

4.3. If the Customer fails to provide the necessary data and/or access to the work site in a timely manner, or fails to perform auxiliary work or other requirements related to the supply of Equipment or performance of Work, the delivery and/or work deadlines agreed by the Parties may be postponed proportionally to the delay caused by the Customer’s obligations. In such cases, the Contractor shall notify the Customer in writing about the revised deadlines for the supply and/or performance of Work under the Agreement. This notification does not require the Customer’s approval and becomes an integral part of this Agreement.

5. PRICE AND DURATION OF WORK

5.1. The duration and price of the work under this Agreement shall be determined by the Parties after the Customer sends an Application to the Contractor and shall be agreed upon through the exchange of written messages via email (e-mail) from the addresses specified for document exchange.

5.2. In case the work is performed outside of business hours (on weekdays from 18:00 to 23:00) - the cost of the work increases by a factor of 1.5. If the work is performed outside of business hours (on weekdays from 23:00 to 09:00), as well as on weekends and holidays - the cost of the work increases by a factor of 2.

5.3. The approved price may be adjusted either upwards with an increase in the volume of work or downwards with a decrease in the volume of work, only with the mutual consent of the Parties. The price for additional work is determined according to the rates applied in calculating the price of similar work agreed upon in the Application.

5.4. In case of the necessity to increase the price and/or duration of the work due to additional work, inability to perform the work due to actions or inactions of the Customer or their representatives, the Contractor is obliged to timely notify the Customer in writing and agree on the scope, completion dates, and cost of such work.

5.5. The increase in the duration of the work must be confirmed by the Parties through the exchange of written messages via email (e-mail) from the addresses specified for document exchange, after which the new duration and cost of the work shall be agreed upon by the Parties.

5.6. In the event that the Contractor does not timely notify the Customer of the need to exceed the price and/or duration of the work, the Contractor is obliged to fulfill the Agreement within the agreed terms terms and at the price fixed by the Parties at the time of the conclusion of the Offer Agreement.

6.  DELIVERY PROCEDURE AND TIMING

6.1. Delivery of Equipment is carried out from the Contractor’s warehouse (warehouse address: St. Petersburg, Vindavskaya St., 2D) by the Customer’s forces and means unless otherwise agreed by the parties.

6.2. Additional conditions for the delivery of Equipment, as well as timing and cost, shall be determined and agreed upon by the Parties through the exchange of written messages via email (e-mail) from the addresses specified for document exchange.

7. PAYMENT PROCEDURE

7.1. The Customer makes payments under the Agreement by transferring funds to the Contractor’s bank account or the accounts of affiliated companies or their agents in accordance with the invoices issued by the Contractor or its affiliated companies or agents. The invoice may be issued by the Contractor, affiliated companies, or agents at the time of delivery of the Equipment and/or completion of the work.

7.2. Payment for the Equipment and/or Work is made by the Customer within 14 calendar days from the date of delivery of the Equipment and/or completion of the Work, unless another payment procedure is agreed upon by the Parties during the process of agreeing on the Customer’s Application via email exchanges.

7.3. The payment date is considered the date the funds are credited to the bank account of the Contractor, affiliated companies, or agents.

8. PERFORMANCE AND ACCEPTANCE OF WORK

8.1. The Contractor is obliged to rectify, at its own expense, all identified defects and deficiencies resulting from poor quality work upon the Customer’s request during the performance of the Work.

8.2. Any additional work identified by the Customer during the performance of the Work shall be agreed upon by the Contractor in accordance with section 5 of this Offer Agreement. The price for additional work shall be agreed upon and determined by the Parties through email exchanges.

8.3. The completion of the Work is documented by an Act of Completed Work (or service report), signed by authorized representatives of the Contractor and the Customer, including the ship’s captain.

8.4. Upon completion of the Work, the Contractor shall simultaneously deliver the results of the work and the following documents to the Customer for signing: Act of Completed Work (or service report) and an invoice for payment

8.5. The Customer shall review the submitted Act of Completed Work (or service report) within three working days from the date of receipt. After this period, the Customer shall return the signed document to the Contractor or provide a motivated refusal to accept the Work. If the Act of Completed Work (or service report) is not signed within three working days without specifying the reasons, the document is considered signed and accepted by the Customer, and the Work is deemed payable.

9. DELIVERY ACCEPTANCE AND DOCUMENTATION

9.1. Acceptance of the Equipment is documented by a delivery note (or equivalent document) indicating the value of the transferred Equipment, signed by authorized representatives of the Parties. If necessary, the fact of delivery of the Equipment can be confirmed by a delivery sheet signed by the Customer’s authorized person.

9.2. The date of fulfillment of the Contractor’s obligations under this Agreement is considered the date of signing the documents specified in clause 9.1 of this Agreement.

9.3. The Customer is obliged to sign and return the received documents to the Contractor within one week from the date of receipt. If the documents or a motivated refusal are not sent by the Customer to the Contractor within the specified period, the delivered Equipment is considered accepted by the Customer.

9.4. The Customer may send scanned documents by email to account@cirspb.ru, with the obligations specified in clause 9.1 considered fulfilled, which does not exempt the Customer from the obligation to send the originals.

9.5. The risk of accidental loss or damage to the Equipment passes from the Contractor to the Customer at the moment the Equipment is received by the Customer’s authorized representative.

9.6. The ownership of the Equipment transferred under this Offer Agreement passes from the Contractor to the Customer at the moment of signing the corresponding delivery note (or equivalent document).

10. WARRANTY OBLIGATIONS

10.1. Warranty obligations are described on the website in the Warranty section - https://cirspb.ru/en/about/guaranty/

11. LIABILITY OF THE PARTIES

11.1. In case of non-compliance by the Contractor with the delivery terms of the Equipment and/or completion of the Work agreed by the Parties, the Contractor shall pay, upon the Customer’s written request, a penalty of 0.1% of the value of the undelivered Equipment or incomplete Work for each calendar day of delay.

11.2. In case of late payment under this Offer Agreement, the Customer shall pay the Contractor a penalty of 0.1% of the overdue payment amount for each calendar day of delay. Starting from the 30th day of delay, the penalty is charged at a rate of 0.5% per day from the amount of overdue debt, and the Contractor reserves the right to switch to a prepayment mode.

11.3. The payment of the penalty does not exempt the Parties from fulfilling their obligations under the Agreement.

11.4. The Parties’ claims for penalties, as well as compensation for damages or other losses under the Agreement, shall be submitted by sending the appropriate payment demand.

12. FORCE MAJEURE

12.1. The Parties are released from liability for partial or full non-performance of their obligations under this Agreement if such non-performance is caused by extraordinary and unavoidable circumstances under the given conditions (force majeure).

12.2. If circumstances of force majeure arise that prevent the performance of obligations under this Agreement by one of the Parties, it must notify the other Party no later than 10 days from the occurrence of such circumstances. The period for fulfilling obligations under this Agreement is extended proportionally to the time during which such circumstances were in effect. The notification must contain information on the nature of the circumstances and official documents issued by the authorized organizations certifying the existence of such circumstances and, if possible, providing an assessment of their impact on the performance of the Party’s obligations under this Agreement.

12.3. If the force majeure circumstances last for three consecutive months and show no signs of cessation, the Agreement may be terminated by either Party by sending a notification to the other Party.

12.4. The Parties agree that for the purposes of this Agreement, the new coronavirus infection (COVID-19) is considered a force majeure circumstance, regardless of whether this circumstance is preventable or not at the date of conclusion and during the period of validity of this Agreement. Accordingly, all existing agreements that were affected by the new coronavirus infection (COVID-19) at the time of conclusion of this Agreement are considered beyond the control of either Party. Under this Agreement, the Contractor is obliged to inform the Customer of the consequences of the impact of the new coronavirus infection (COVID-19) on the performance of the Contractor’s obligations under this Agreement. 

13. DISPUTE RESOLUTION

13.1. The Customer and the Contractor shall take all measures to resolve any disputes and disagreements arising from or in connection with this Agreement through negotiations.

13.2. The pre-trial dispute resolution procedure is mandatory. The term for considering a claim is 10 working days from the date of its receipt.

13.3. All disputes and disagreements arising from or in connection with this Agreement shall be resolved in the Arbitration Court of St. Petersburg and the Leningrad Region.

13.4. The applicable law for resolving disputes is the current legislation of the Russian Federation.

14. PROCESSING OF PERSONAL DATA

14.1. By sending an application to the Contractor, the Customer confirms its consent to the processing of the following personal data by the Contractor: full name, contact phone number, email address.

14.2. The processing of personal data is carried out by the Contractor for the purpose of providing information about works, loyalty promotions, marketing, and other commercial purposes, as well as to comply with the requirements of the legislation of the Russian Federation.

14.3. The Customer consents to the performance of any actions with its personal data necessary to achieve the aforementioned goals, including collection, systematization, accumulation, storage (in electronic form and on paper), updating (changing), transfer, anonymization, blocking, destruction, and transfer of personal data, as well as performing any other actions with its personal data in compliance with the current legislation.

14.4. Consent to the processing of personal data is given for a period of 5 years.

14.5. The Contractor processes and ensures the confidentiality of personal data in accordance with the requirements of the current legislation of the Russian Federation.

14.6. The Customer is informed that it has the right to withdraw this consent by sending a written notification to the Contractor at the address 198035, St. Petersburg, Vindavskaya St., 2D, at least 1 month before the withdrawal date.

15. TERM AND TERMINATION PROCEDURE

15.1. This Agreement comes into force from the moment the Customer sends the Application in the manner provided in clause 3.1 of the Offer Agreement and remains in effect until the Parties have fully fulfilled their obligations under this Agreement.

15.2. Each Party has the right to terminate this Agreement by sending a written notification to the other Party at least 15 calendar days before the intended termination date.

15.3. In the event of termination of the Agreement at the initiative of one of the Parties, the Contractor must provide a report on the actually delivered Equipment and/or performed Work at the time of receipt of the written notification from the other Party about the termination of the Agreement, and the Customer must pay for the actually delivered Equipment and/or performed Work within 10 working days from the date of the invoice issuance.

15.4. The Contractor has the right to early completion of the Agreement. In the case of early completion of the Agreement, the Contractor has the right to early delivery, and the Customer must early accept the performance under the Agreement.

Beneficiary: OBSCHESTVO S OGRANICHENNOI OTVETSTVENNOSTYU "SVYAZ I RADIONAVIGATSIYA

Short title: LLC SiR SPb

Beneficiary address 199155, St. Petersburg, Uralskaya str., 4, lit. B, space. 29N, room 1

Mailing address: 199155, St. Petersburg, Uralskaya str., 4, lit. B, space. 29N, room 1

TIN7826155530, KPP780101001

bank account  40702810210000832611

Beneficiary's bank JSC "TBank"

Bank INN 7710140679

correspondent account30101810145250000974

BIC  044525974

All-Union classifier of sectors of the national economy 61124

OKPO59482336

PSRN 1027810273952  

OKATO40263565000
OKTMO 40311000

tel/Fax+7  (812) 4-673-673