PUBLIC OFFERThis offer is a proposal of the Limited Liability Company "Liontransbel", hereinafter referred to as the "Contractor", to the Customer (an individual, a legal entity) to conclude an agreement on the following:
The Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), in accordance with which the Contractor assumes the obligation to provide services to each of the Customers who apply to the Contractor to receive such services.
The placement of the text of the Agreement on the Contractor's website at
https://liontrans.by/contract_eng/ is a public offer of the Contractor in accordance with paragraph 2 of Article 407 of the Civil Code of the Republic of Belarus.
The conclusion of the Agreement is made by the Customer joining the Agreement, that is, by the Customer's acceptance of the terms of the Agreement as a whole, without any conditions, exceptions, and reservations (Article 398 of the Civil Code of the Republic of Belarus).
1. SUBJECT OF THE AGREEMENT1.1. The Contractor undertakes, upon the Customer's request, to provide them with information (consulting) services (hereinafter referred to as the services), and the Customer undertakes to accept and pay for the Services in the manner and on the terms established by this Agreement.
1.2. Within the framework of fulfilling obligations under this agreement, the Contractor provides information (consulting) support on the following issues:
- search and selection on the foreign market of a vehicle with the characteristics specified by the Customer;
- provision of information on the possible technical condition of the vehicle at the time of purchase (information is formed by the Contractor based on the data presented on the Trading Platform or by the seller of the vehicle);
- provision of information on the conditions of participation in auctions, as well as on the nuances of acquisition associated with the Trading Platform;
- assisting the Customer in participating in the bidding;
- assisting the Customer in concluding an invoice-contract for the purchase of a vehicle;
- search upon the Customer's request for optimal offers for the transportation of a vehicle;
- information support for the delivery of the vehicle (providing recommendations on possible methods of delivery, loading, unloading of the vehicle, risks and features of each method, other information at the discretion of the Contractor);
- control over the transportation of the Customer's vehicle in compliance with the agreed criteria for the quality of transportation;
- information support for the delivery of the vehicle;
- advising on the resolution of disputes in the event of risks associated with the transportation of the vehicle;
- other information support by choice and at the discretion of the Contractor at the stages of the transaction.
1.3. The parties recognize the location of the Contractor as the place of conclusion of the agreement.
2. PROCEDURE FOR EXECUTION OF THE AGREEMENT2.1. The Customer sends a request to the Contractor via Viber/Telegram to the number specified in the Contractor's details, which must contain information about the vehicle, the vehicle delivery route, the vehicle dimensions, the estimated cost of the vehicle, and the estimated period of transportation of the vehicle.
2.2. The Contractor begins rendering services under this Agreement after a one hundred percent prepayment in the amount specified in clause 4.1. of this Agreement.
2.3. The service rendering period is 90 calendar days from the moment of one hundred percent prepayment in the amount specified in clause 4.1. of this Agreement.
2.4. The Contractor provides information to the Customer in any convenient form agreed upon between the parties.
2.5. The Customer is obliged to notify the Contractor orally or in writing about the purchase of a vehicle, indicating the brand of the vehicle, the model of the vehicle, the lot number, as well as the name of the auction and the maximum purchase cost of the vehicle, if it was purchased at an auction. In the event that the Customer does not provide this information, the Contractor has the right to independently request it from the Seller.
2.6. The Customer permits the Contractor to request information about the vehicle purchased by them from the Seller. The Customer's consent is expressed by affixing their signature to the agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES3.1. The Customer has the right to:
- 3.1.1. Independently determine the form and content of the request to the Contractor;
- 3.1.2. Adjust the content of the request in coordination with the Contractor;
- 3.1.3. Require the Contractor to maintain the confidentiality of information obtained from the Customer during the provision of the service, namely the data provided by the Customer that can identify the Customer's identity.
3.2. The Customer undertakes to:
- 3.2.1. Provide the Contractor with all necessary data for the highest quality provision of services under this Agreement;
- 3.2.2. Make payment for the services provided by the Contractor within the terms, in the manner, and in the amount stipulated by the terms of this Agreement.
3.3. The Contractor has the right to:
- 3.3.1. Start rendering services only after the Customer makes a one hundred percent prepayment in the amount specified in clause 4.1. of this Agreement, which constitutes acceptance of the offer.
3.4. The Contractor undertakes to:
- 3.4.1. Provide the Customer with information on the request submitted by the Customer in the manner and on the conditions stipulated by this Agreement;
- 3.4.2. Upon the Customer's demand, provide a report on the results of actions taken to provide services that are the subject of this Agreement;
- 3.4.3. Maintain the confidentiality of information received from the Customer during the provision of services, according to clause 3.1.3.
4. COST OF SERVICES AND PAYMENT PROCEDURE4.1. The cost of services under this Agreement is determined in the invoices for payment issued by the Contractor after receiving a request from the Customer. Payment is made in Belarusian rubles. Without VAT (according to Article 326 of the Tax Code of the Republic of Belarus). If the Customer of the services is a foreign entity, payment for services may be made in foreign currency.
4.2. Payment for the services provided under this Agreement is made on the basis of a one hundred percent prepayment by transferring funds to the Contractor's settlement account through bank branches. A part of the funds is a deposit in accordance with Article 351 of the Civil Code of the Republic of Belarus. The deposit is equal to 100 (one hundred) Belarusian rubles 00 kopecks.
4.3. The provision of services under this Agreement is confirmed by the Act of rendered services, drawn up solely on the basis of paragraph 1 of the Resolution of the Ministry of Finance of the Republic of Belarus dated 12.02.2018 No. 13 "On the sole drawing up of primary accounting documents". The signing of the Acts by both parties is not provided for.
4.4. Services are considered to have been rendered properly and in full from the moment the Contractor finds a vehicle that matches the characteristics specified in the Request, unless otherwise expressly agreed by the Parties. The Customer's refusal to purchase a vehicle that meets the characteristics specified in the Request is not grounds for recognizing the Services as not rendered and returning the cost of the Services. The absence of claims from the Customer within three working days from the moment of rendering the services serves as confirmation of the proper quality and volume of the services rendered.
4.5. In the event that the Customer unilaterally refused the Contractor's services not through the fault of the Contractor, the preliminary payment is returned minus the deposit by virtue of paragraph 2 of Article 352 of the Civil Code of the Republic of Belarus.
5. LIABILITY OF THE PARTIES5.1. The Contractor and the Customer bear liability in accordance with the legislation of the Republic of Belarus.
5.2. The Parties are not liable for failure to fulfill the terms of this agreement if this failure is caused by circumstances that the party could neither foresee nor prevent by reasonable means (force majeure circumstances).
5.3. Force majeure refers to factors of irresistible force that can arise regardless of the desire or ability of any of the parties to resolve them.
5.4. Examples of such factors may include: natural disasters, changes in the legislation of any of the parties, changes in border crossing rules, and others.
5.5. The Contractor is an information partner and is neither the seller of the vehicle nor the carrier, and therefore, does not bear financial liability for the discrepancy or damage, or total loss of the vehicle purchased by the Customer.
5.6. The Contractor is not responsible for the safety of the vehicle during transportation.
5.7. The Contractor is not responsible for failure to meet vehicle delivery deadlines.
5.8. The Customer is informed that, according to the generally accepted practice in the People's Republic of China, the transfer of the risk of accidental loss and/or accidental damage to the vehicle from the seller to the buyer occurs at the moment the vehicle is transferred by the seller to the first carrier, however, other conditions may be established by the invoice-contract or other document on the sale of the vehicle to the Customer. In any case, the conditions determined in the invoice-contract or other document on the sale of the vehicle shall prevail.
5.9. The Customer is informed that some actions of a potential vehicle seller (based on practice, but not necessarily) may indicate a possible bad faith nature of the actions of this person. Such actions include (including, but not limited to):
- lack of information from the potential seller about the VIN of the vehicle;
- failure by the potential seller to provide photo and video materials of the exterior and condition of the vehicle;
- failure by the potential seller/seller to provide photographs/original documents for the vehicle, accompanying documents;
- receipt of photographs, videos, documents for a different vehicle;
- emergence of reasonable doubts about the forgery/inaccuracy of documents;
- emergence of reasonable doubts about the truthfulness of the provided information about the VIN, technical condition, appearance, configuration, mileage, and other characteristics of the vehicle;
- critical change in the purchase price of the vehicle;
- emergence of reasonable doubts about the possibility of exporting the vehicle/refusal by authorized bodies to export the vehicle;
- other situations from which it can be assumed that the potential seller will not properly fulfill their obligations to sell the vehicle and other related obligations to the Customer.
In the event of one/several of these signs, the Contractor recommends that the Customer suspend/refuse the vehicle sale and purchase transaction.
5.10. The Contractor strongly recommends that the Customer conclude an insurance contract if a decision is made to purchase a vehicle. As part of providing Services under the Agreement, the Contractor, taking into account its experience, at the Customer's Request, may recommend an insurance company to them.
5.11. Services are provided by the Contractor without any guarantees to the Customer regarding the results that the Customer intends to obtain during and/or upon completion of the provision of Services by the Contractor. The Contractor does not and cannot guarantee the accuracy of the information provided to the Customer, since it is not its primary source and cannot fully verify its validity; the Contractor transmits to the Customer the information it received from open sources, from third parties. Any conclusions, recommendations, and assessments of the Contractor issued within the framework of the Agreement constitute its professional opinion based on its knowledge and experience, but are not binding and cannot be considered as guarantees.
5.12. During the provision of the Contractor's Services, the Customer independently makes decisions regarding them at their own risk and under their own responsibility. The Contractor is not liable for decisions made by the Customer based on the Contractor's Services, as well as for possible damages incurred by the Customer, third parties, associated with such decisions.
5.13. The vehicle is purchased at the discretion of the Customer. Reports, information about the technical condition, the condition of the paintwork, or any other criteria by which the Customer can make a decision to purchase a vehicle, are for reference and information purposes and are not materials for an expert appraisal. However, these reports can be relied upon. The Contractor is not interested in deliberately concealing this or that defect in the vehicle.
5.14. The Contractor is not a party to the invoice-contract, another document for the purchase of a vehicle, nor is it the recipient of funds towards payment of the vehicle's cost. All settlements for the vehicle are carried out directly between the Customer and the vehicle seller. The Contractor does not assume the obligation to control the settlement process and is not responsible for any circumstances arising in the settlement process, possible commissions, actions/inactions of banks, payment intermediaries, and other persons.
5.15. The Contractor is not/does not become the seller/owner/proprietor of the vehicle being purchased/purchased by the Customer, in connection with which the Customer does not and cannot bear any warranty and other obligations regarding the quality requirements of the vehicle.
5.16. The seller bears all responsibility for the content, correctness, and completeness of the registration of title, export, and other documents for the vehicle, and the legal purity of the vehicle. The Contractor is not and cannot be responsible for cases where the seller provides inaccurate/incomplete information, documents. Any claims related to such cases shall be submitted by the Customer to the vehicle seller.
5.17. The Contractor does not assume the obligation to be liable for the actions of third parties (trading platforms, dealers, Exporter, seller, banks, carriers, customs, other authorities, etc.), the Customer has no right to present any claims to the Contractor regarding the actions/inactions of these persons. The Contractor is not responsible for vehicle delivery delays, customs delays, actions of carriers, exchange rate changes, as well as other circumstances beyond the Contractor's control. The Contractor has the right, if it has the opportunity (but is not obliged), to assist the Customer in resolving emerging problem situations. In order to fulfill the Agreement, the Contractor has the right to interact with any third parties, receive, transmit information, data, documents, while the Contractor does not become a party to the obligations.
6. FINAL PROVISIONS6.1. This agreement is valid until the parties fully fulfill their obligations under this Agreement.
6.2. All disputes between the parties arising during the execution, modification, or termination of this agreement shall be resolved through negotiations. If no agreement is reached, the disputed issues shall be submitted for consideration to the appropriate court of the Republic of Belarus in accordance with its jurisdiction and venue. The time limit for considering claims of the parties to each other is set equal to fifteen calendar days from the date of receipt of the claim.
6.3. Changing the terms of the Agreement is permitted only by agreement of the parties, which must be reflected in an additional agreement to this Agreement.
6.4. The Agreement may be terminated by agreement of the Parties, executed by concluding a written termination agreement.
6.5. For all issues not regulated by this agreement, the parties shall be guided by the current legislation of the Republic of Belarus.
6.6. In the event of a change in addresses and details, the parties undertake to notify each other within five working days from the moment of such change.
6.7. In all other matters not provided for by the Agreement, the Parties are guided by the legislation of the Republic of Belarus.
6.8. The Customer, by signing this agreement, expresses their consent to the collection, processing, and storage of information about their personal data, as well as to the use of their personal data under this Agreement.
6.9. By concluding the Agreement, the Customer confirms that prior to its conclusion, the Customer has familiarized themselves with its terms, all other materials, data, and information, including those posted on the Website, has received full and reliable information about the content of the services, their features, the cost of services, and the procedure for their payment, has familiarized themselves with the terms of the Agreement, the terms of the Agreement are clear to them, and they agree with them.
7. DETAILS OF THE CONTRACTOR
- Limited Liability Company "Liontransbel"
- Republic of Belarus, Minsk, Novovilenskaya st., 27-503
- UNP 193586831
- for payment by residents of the Republic of Belarus:
- Settlement account BY24ALFA30122A83800010270000 BYN
- in CJSC "Alfa-Bank", Minsk, BIC ALFABY2X
- for payment by non-residents of the Republic of Belarus:
- Settlement account BY35PJCB30120916911000000840 USD
- "Priorbank" Joint Stock Company
- SWIFT (BIC) code: PJCBBY2X
- Bank address: V. Khoruzhey Str., 31A, Minsk, the Republic of Belarus, 220002
- Bank UNP (for Belarus): 100220190
- tel. +375339181198