г. Минск, ул. Нововиленская 27 пом. 503
г. Гродно, пр-т Янки Купалы 87, пом 517
г. Минск, ул. Нововиленская 27 пом. 503
г. Гродно, пр-т Янки Купалы 87, пом 517
г. Минск, ул. Нововиленская 27 пом. 503
г. Гродно, пр-т Янки Купалы 87, пом 517
PUBLIC OFFER
This Offer constitutes a proposal by Limited Liability Company “Liontransbel”, hereinafter referred to as the “Contractor”, addressed to the Customer (an individual or a legal entity), to enter into an agreement on the following terms:
This Agreement is a public contract (Article 396 of the Civil Code of the Republic of Belarus), under which the Contractor undertakes to provide services to each Customer who applies to the Contractor for such services.
Publication of the text of the Agreement on the Contractor’s website at https://liontrans.by/oferta_eng/ constitutes a public offer by the Contractor pursuant to Clause 2 of Article 407 of the Civil Code of the Republic of Belarus.
The Agreement is concluded by the Customer joining the Agreement, i.e. by accepting the terms of the Agreement in full, without any conditions, exclusions or reservations (Article 398 of the Civil Code of the Republic of Belarus).
1. SUBJECT MATTER OF THE AGREEMENT
1.1. The Contractor shall, upon the Customer’s request, provide information and consulting services (hereinafter referred to as the “Services”), and the Customer shall accept and pay for the Services in accordance with the procedure and on the terms set forth in this Agreement.
1.2. As part of the performance of its obligations under this Agreement, the Contractor shall provide information and consulting support on the following matters:
• searching for and selecting a Vehicle on a foreign market with the characteristics specified by the Customer;
• providing information about the possible technical condition of the Vehicle at the time of purchase (the information is prepared by the Contractor on the basis of data provided on the Trading Platform or by the Vehicle seller);
• providing information on the conditions for participation in auctions and on the specific aspects of purchases related to the Trading Platform;
• assisting the Customer in participating in bidding;
• assisting the Customer in entering into an invoice agreement for the purchase of the Vehicle;
• searching, at the Customer’s request, for optimal offers for transportation of the Vehicle;
• providing information support for Vehicle delivery, including recommendations on possible methods of delivery, loading and unloading, the risks and features of each method, and other information at the Contractor’s discretion;
• monitoring transportation of the Customer’s Vehicle in accordance with the agreed transportation quality criteria;
• providing information support for delivery of the Vehicle;
• consulting on the resolution of disputed situations if risks associated with transportation of the Vehicle materialize;
• providing other information support, at the Contractor’s option and discretion, at various stages of the transaction.
1.3. The Parties agree that the place of conclusion of the Agreement shall be the Contractor’s registered location.
2. PROCEDURE FOR PERFORMANCE OF THE AGREEMENT
2.1. The Customer shall submit an application to the Contractor via Viber/Telegram using the number specified in the Contractor’s details. The application shall contain information about the Vehicle, the delivery route, the dimensions of the Vehicle, its estimated value and the estimated transportation period.
2.2. The Contractor shall commence provision of the Services under this Agreement after receipt of a 100% advance payment in the amount specified in Clause 4.1 of this Agreement.
2.3. The term for provision of the Services shall be 90 calendar days from the date of receipt of the 100% advance payment in the amount specified in Clause 4.1 of this Agreement.
2.4. The Contractor shall provide information to the Customer in any form convenient for and agreed by the Parties.
2.5. The Customer shall notify the Contractor orally or in writing of the purchase of the Vehicle, specifying the Vehicle make and model, lot number, auction name and maximum purchase price of the Vehicle if it was purchased through bidding. If the Customer fails to provide this information, the Contractor shall be entitled to request it independently from the Seller.
2.6. The Customer authorizes the Contractor to request information about the purchased Vehicle from the Seller. The Customer’s consent is expressed by signing the Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Customer shall have the right to:
3.1.1. independently determine the form and content of the application submitted to the Contractor;
3.1.2. amend the content of the application subject to agreement with the Contractor;
3.1.3. require the Contractor to maintain the confidentiality of information received from the Customer in the course of providing the Services, namely data provided by the Customer that is capable of identifying the Customer.
3.2. The Customer shall:
3.2.1. provide the Contractor with all data required for the highest-quality provision of the Services under this Agreement;
3.2.2. pay for the Services provided by the Contractor within the time limits, in the manner and in the amount stipulated by this Agreement.
3.3. The Contractor shall have the right to:
3.3.1. commence provision of the Services only after the Customer has made a 100% advance payment in the amount specified in Clause 4.1 of this Agreement, which shall constitute acceptance of the Offer.
3.4. The Contractor shall:
3.4.1. provide the Customer with information pursuant to the Customer’s application in accordance with the procedure and on the terms stipulated by this Agreement;
3.4.2. upon the Customer’s request, provide a report on the results of the actions taken in connection with provision of the Services that constitute the subject matter of this Agreement;
3.4.3. maintain the confidentiality of information received from the Customer in the course of providing the Services in accordance with Clause 3.1.3.
4. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the Services under this Agreement shall be determined in the invoices issued by the Contractor after receipt of the Customer’s application. Payment shall be made in Belarusian rubles. VAT is not charged pursuant to Article 326 of the Tax Code of the Republic of Belarus. If the Customer is a foreign person, payment for the Services may be made in foreign currency.
4.2. Payment for the Services under this Agreement shall be made on the basis of a 100% advance payment by bank transfer to the Contractor’s current account through bank branches. Part of the funds shall constitute a deposit under Article 351 of the Civil Code of the Republic of Belarus. The deposit shall amount to 100 (one hundred) Belarusian rubles 00 kopecks.
4.3. Provision of the Services under this Agreement shall be confirmed by a Certificate of Services Rendered drawn up unilaterally pursuant to Clause 1 of Resolution No. 13 of the Ministry of Finance of the Republic of Belarus dated 12 February 2018 “On Unilateral Preparation of Primary Accounting Documents”. Signing of the Certificates by both Parties is not required.
4.4. The Services shall be deemed properly and fully rendered when the Contractor finds a Vehicle matching the characteristics specified in the Application, unless otherwise expressly agreed by the Parties. The Customer’s refusal to purchase a Vehicle matching the characteristics specified in the Application shall not constitute grounds for recognizing the Services as not rendered or for refunding the cost of the Services. Absence of claims from the Customer within three business days after provision of the Services shall confirm the proper quality and scope of the Services rendered.
4.5. If the Customer unilaterally refuses the Contractor’s Services for reasons not attributable to the Contractor, the advance payment shall be refunded less the deposit pursuant to Clause 2 of Article 352 of the Civil Code of the Republic of Belarus.
5. LIABILITY OF THE PARTIES
5.1. The Contractor and the Customer shall be liable in accordance with the legislation of the Republic of Belarus.
5.2. The Parties shall not be liable for failure to perform this Agreement if such failure is caused by circumstances that the relevant Party could neither foresee nor prevent by reasonable means (force majeure circumstances).
5.3. Force majeure means circumstances of irresistible force that may arise irrespective of the will of, or the ability to resolve them by, either Party.
5.4. Examples of such circumstances include natural disasters, changes in the legislation of either Party’s jurisdiction, changes in border regulations and other similar events.
5.5. The Contractor is an information partner and is neither the Seller of the Vehicle nor the carrier. Accordingly, the Contractor shall not bear financial liability for non-conformity, damage to or total loss of the Vehicle purchased by the Customer.
5.6. The Contractor shall not be liable for the safety or preservation of the Vehicle during transportation.
5.7. The Contractor shall not be liable for failure to meet Vehicle delivery deadlines.
5.8. The Customer has been informed that, in accordance with generally accepted practice in the People’s Republic of China, the risk of accidental loss of and/or accidental damage to the Vehicle passes from the Seller to the buyer when the Seller hands the Vehicle over to the first carrier. However, other terms may be established by the invoice agreement or another document governing the sale of the Vehicle to the Customer. In all cases, the terms set out in the invoice agreement or other sale document shall prevail.
5.9. The Customer has been informed that certain actions of a potential Vehicle seller may, based on practice but not necessarily, indicate possible bad faith. Such actions include, without limitation:
• failure by the potential Seller to provide the Vehicle identification number (VIN);
• failure by the potential Seller to provide photographs and video materials showing the appearance and condition of the Vehicle;
• failure by the potential Seller/Seller to provide photographs or originals of Vehicle documents and accompanying documents;
• provision of photographs, video footage or documents relating to another Vehicle;
• reasonable doubts as to forgery or unreliability of documents;
• reasonable doubts as to the accuracy of information provided regarding the VIN, technical condition, appearance, configuration, mileage or other characteristics of the Vehicle;
• a material change in the Vehicle purchase price;
• reasonable doubts as to whether the Vehicle can be exported, or refusal by the competent authorities to permit export of the Vehicle;
• other circumstances giving reason to believe that the potential Seller will not duly perform its obligations to sell the Vehicle or other related obligations to the Customer.
If one or more of the above indicators are present, the Contractor recommends that the Customer suspend or withdraw from the Vehicle sale and purchase transaction.
5.10. The Contractor strongly recommends that the Customer enter into an insurance agreement if the Customer decides to purchase the Vehicle. As part of the Services under this Agreement, and taking into account its experience, the Contractor may, upon the Customer’s request, recommend an insurance company.
5.11. The Services are provided by the Contractor without any guarantees to the Customer regarding the results the Customer intends to obtain during and/or upon completion of the Services. The Contractor does not and cannot guarantee the accuracy of the information provided to the Customer because it is not the original source and cannot fully verify its validity. The Contractor transmits to the Customer information obtained from public sources and third parties. Any opinions, recommendations or assessments issued by the Contractor under this Agreement constitute its professional judgment based on its knowledge and experience, have no binding effect and may not be treated as guarantees.
5.12. In the course of receiving the Services, the Customer shall make decisions independently, at its own risk and under its own responsibility. The Contractor shall not be liable for decisions made by the Customer on the basis of the Services or for any losses suffered by the Customer or third parties in connection with such decisions.
5.13. The Vehicle shall be purchased at the Customer’s discretion. Reports and information concerning the technical condition, paintwork condition or any other criteria on the basis of which the Customer may decide to purchase the Vehicle are for reference and information purposes only and do not constitute an expert appraisal. Nevertheless, such reports may be relied upon. The Contractor has no interest in intentionally concealing any defect of the Vehicle.
5.14. The Contractor is not a party to the invoice agreement or any other document for purchase of the Vehicle and is not the recipient of funds paid toward the Vehicle purchase price. All payments for the Vehicle shall be made directly between the Customer and the Vehicle Seller. The Contractor does not undertake to supervise the payment process and shall not be liable for any circumstances arising in connection with payments, including possible fees or the acts or omissions of banks, payment intermediaries or other persons.
5.15. The Contractor is not and does not become the Seller, owner or holder of the Vehicle being purchased or purchased by the Customer and therefore does not bear and cannot bear any warranty or other obligations in respect of Vehicle quality requirements.
5.16. The Seller shall bear full responsibility for the content, correctness and completeness of title documents, export documents and other documents relating to the Vehicle, as well as for the legal status of the Vehicle. The Contractor shall not be liable for the Seller’s provision of inaccurate or incomplete information or documents. Any claims relating to such cases shall be submitted by the Customer directly to the Vehicle Seller.
5.17. The Contractor does not assume responsibility for the actions of third parties, including Trading Platforms, dealers, the Exporter, the Seller, banks, carriers, customs authorities or other bodies. The Customer shall not be entitled to submit claims against the Contractor in respect of the acts or omissions of such persons. The Contractor shall not be liable for Vehicle delivery times, customs delays, carrier actions, exchange-rate fluctuations or other circumstances beyond the Contractor’s control. Where possible, the Contractor may, but is not obliged to, assist the Customer in resolving problematic situations. For the purposes of performing this Agreement, the Contractor may interact with any third parties and receive or transmit information, data and documents, without thereby becoming a party to the relevant obligations.
6. FINAL PROVISIONS
6.1. This Agreement shall remain in force until the Parties have fully performed their obligations hereunder.
6.2. All disputes arising between the Parties in connection with the performance, amendment or termination of this Agreement shall be resolved through negotiations. If no agreement is reached, the dispute shall be referred to the competent court of the Republic of Belarus in accordance with the applicable rules of jurisdiction. The period for consideration of claims submitted by either Party shall be fifteen calendar days from the date of receipt of the claim.
6.3. The terms of this Agreement may be amended only by mutual agreement of the Parties, which shall be documented in an addendum to this Agreement.
6.4. The Agreement may be terminated by mutual agreement of the Parties documented in a written termination agreement.
6.5. With respect to all matters not governed by this Agreement, the Parties shall be guided by the applicable legislation of the Republic of Belarus.
6.6. If addresses or details change, the Parties shall notify each other within five business days from the date of such change.
6.7. In all other matters not provided for by this Agreement, the Parties shall be governed by the legislation of the Republic of Belarus.
6.8. By signing this Agreement, the Customer consents to the collection, processing and storage of information containing the Customer’s personal data, and to the use of such personal data within the scope of this Agreement.
6.9. By entering into the Agreement, the Customer confirms that, prior to entering into it, the Customer reviewed its terms and all other materials, data and information, including those published on the Website; received complete and accurate information regarding the content and features of the Services, the cost of the Services and the payment procedure; and understands and agrees to the terms of the Agreement.
7. CONTRACTOR DETAILS
Limited Liability Company “Liontransbel”
Republic of Belarus, Minsk, 27 Novovilenskaya Street, Office 503
Taxpayer Identification Number (UNP): 193586831
For payments by residents of the Republic of Belarus:
Current account: BY46PJCB30120916911000000933 BYN
with Priorbank JSC, Banking Services Centre 101/9
BIC: PJCBBY2X
For payments by non-residents of the Republic of Belarus:
Current account: BY35PJCB30120916911000000840 USD
“Priorbank” Joint Stock Company
SWIFT (BIC): PJCBBY2X
Bank address: 31A V. Khoruzhey Street, Minsk, Republic of Belarus, 220002
Bank UNP (for Belarus): 100220190
Tel.: +375 33 918 11 98
Links to invoices for non-residents:
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