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THE CONTRACT ¹ ___________
On a lease of a vehicle without crew
with the legal person
Moscow "_____"_____________ 200__
(ÏÁÞË)(a private entrepreneur without organization of legal
entity) Kuzmin P.G.,called further as "Lessor ",
on the one hand, and _________________________________________________called
further as “Lessee”, on the other hand, have concluded the
contract as follows:
1. THE SUBJECT OF THE CONTRACT
1.1. The Lessor, gives in time possession and using to the
Lessee, belonging to him, movable estate - the automobile,
and also accessories to it - for use accordingly to the needs
of the Lessee.
1.2. The movable estate, transmitted for rent, is determined
by the Appendix ¹1 to the present Contract. Appendix ¹1 is
the integral part of the present Contract (further «the Appendix
¹1 »).
1.3. The use of renting property should not contradict to
its purpose.
2. RESPONSIBILITY OF THE PARTIES.
2.1. The Lessor gives the property in a serviceable condition.
Transfer is carried out under the Acceptance report, which
is made by Lessor and subscribes by both parties. (the Appendix
¹2 to the present Contract).
2.2. Serviceability, set completeness and other data of the
renting automobile, as well as accessories of the car, should
be checked up by Lessor at the presence of the Lessee and
marked in the Acceptance report.
2.3. The Lessee undertakes to return, after expiration of
the Contract period, to the Lessor, the given property in
a full complete set, accordingly to the Appendices to the
present Contract in an appropriate technical condition, taking
into account the normal deterioration (i.e. in a condition,
suitable for operation and not having worsened of its qualities
and appearance). The automobile should be returned washed
and clean. Otherwise the Lessee bears the responsibility for
not stipulated damages of the property, which could be finding
out by the service center.
2.4. The Lessee carries out driving of the rented automobile
and its operation by own strength.
2.5. The Lessee is obliged to familiarize with instructions
for using of automobile, before the beginning of operation
of the automobile
The Lessee has the right to give the right of operation of
the automobile only to the persons specified in the Appendix
¹1 to the present Contract. The persons admitted for operation
of the automobile should have the driver license of «B» category.
2.6. The Lessee has no right to make disassembly and repairs
of the car, and also have no right to make interference in
a construction of the automobile and to install the additional
equipment without preliminary written consent of the Lessor.
2.7. The Lessee has no right to concede the rights and duties
under the present contract to the third parties, and also
have no right: to hand over the property in sublease; to conclude
with the third parties the contracts of transportation, during
which the automobile is used; to pawn property; to conclude
under-lease contracts, give the rights of the rented property
by other ways to the third parties. Besides mentioned above
the Lessee undertakes not to use the automobile for towage
of any vehicles, for driving with the trailer or on use it
on forest roads, mountain expeditions or unpaved roads, and
also for training to driving.
2.8. The Lessee bears all charges connected to operation of
the automobile, which is not related to duties of the Lessor,
including: payment for gasoline, purchase of combustive-lubricating
materials. At return of the automobile with not refuel tank
the Lessee compensates for the Lessor cost of gasoline accordingly
to the Appendix ¹1.
2.9. The Lessor bears charges on insurance of the automobile
in the order established by the present Contract.
2.10. The Lessor undertakes to make at own expense all kinds
of necessary car repairs (including current and overhaul)
and timely preventive maintenance of the automobile, except
for the cases specified in the present Contract.
The Lessor undertakes to replace the automobile on other
automobile in proper condition, available from Lessor on the
period of car repairs. At absence of an opportunity for such
replacement force of the contract is considered stopped ahead
of schedule, the subject comes back to the Lessor, and payment
for use of property is raised only for that time during which
it was actually used.
2.11. The Lessee has the right to maintain the automobile
only in the territory determined in the Appendix ¹1.
2.12. The Lessee undertakes:
? To make regular careful check of the automobile;
? To give the automobile for passage of technical checkup
in (ÃÈÁÄÄ) (bodies of motor licensing and inspection department)
on demand of Lessor in the terms specified by him;
? To give the automobile for carrying out the technical checkup
at run of the automobile of 1000 kms, 10000 kms, 20000 kms,
30000 kms, 40000 kms, 50000 kms, 60000 kms, 70000 kms, 80000
kms, 90000 kms.
3. THE PROCEDURE OF PAYMENTS
3.1. Under the present Contract, the amount and the order
of payment for the rent is established in the Appendix ¹1.
3.2. At the moment of transfer of the automobile to the Lessee,
he pays advance payment at the rate determined by the Appendix
¹1.
3.3. The Lessee has the right to return the automobile before
term stipulated by the present Contract, if this happened
- recalculation of rent payments apply. The Lessor returns
to the Lessee a corresponding part of the received rent, estimating
the rent payment since the day following the day of actual
return of property.
3.4. All rent payments within the framework of the present
contract are made in the Russian rubles according to the bills,
exposed by the Lessor.
4. INSURANCE
4.1. The automobile is insured on conditions of «Casco» and
a civil liability (the Limit of the responsibility 600000 (six hundred
thousand) roubles, without the franchise for the Lessee). The
insurance premium is included in the tariff.
4.2. The responsibility for the harm caused to a life, health
and property of the third parties as a result of operation
of the automobile, is carried by the Lessee in that part in
what charges on a civil liability will exceed the sums of
insurance payments.
4.3. The Lessee independently and at own expense bears in
full, the charges connected to harm, caused to his life and
health, and also to a life and health of the passengers who
are taking place in the automobile during its operation by
the Lessee.
4.4. The Lessee independently and at own expense bears in
full the responsibility for the damage caused to luggage,
belonging, on base of property rights or using, to him or
to the passengers , and taking place in the automobile during
its operation by the Lessee.
4.5. In case of damage or at road accident the Lessee undertakes:
? Immediately to send for representatives of motor licensing
and inspection department (ÃÈÁÄÄ),
? To receive a copy of the report with the detailed list of
damages,
? To write down witnesses,
? Within 24 hours from the moment of incident to notify the
Lessor ,
? Within 10 days to give to the Lessor the reference from
(ÄÏÑ) (Road police department) - form ¹11.
4.6. In case of damages caused by act of nature or actions
of the third parties the Lessee undertakes:
? To appeal in bodies of the Ministry of Internal Affairs
with the application for incident,
? Immediately to inform the Lessor ,
? Within 10 days to give the reference to the Lessor.
4.7. In case of loss of the automobile under any circumstances
the Lessee undertakes:
? Immediately to inform the Lessor,
? Immediately to declare in the nearest branch of the Ministry
of Internal Affairs,
? To give the certificate on registration of the automobile
and keys to the Lessor.
4.8. The Lessee compensates full damage to the Lessor, if:
? At the moment of road accident the Lessee, his representative
or other person authorized by the Lessee on driving of automobile,
were in a condition of alcoholic, narcotic or other intoxication.
? The vehicle was used for driving on forest roads, mountain
expeditions or unpaved roads or for purpose of training to
driving
? The interior or suspension brackets are damaged.
? Nonfeasance of any demands from items 4.5.-4.7. of the present
contract.
4.9. Accessories of the automobile are not insured. The Lessee
bears a full liability in case of absence, damages or other
remarks to accessories. The liability of the Lessee applies
to the glass broken at theft of a radio tape recorder.
5. CONTRACT PERIOD
5.1. The contract is made for uncertain period and inures
from the moment of signing by its both parties.
5.2. The contract can be canceling or changed under the agreement
of parties.
5.3. The property is transferred to the Lessee for the period
specified in the Appendix ¹1 to the present Contract. At prolongation
of renting time of the automobile, the parties conclude the
additional agreement to the present Contract (under the form
of the Appendix ¹1 to the present Contract).
5.4. The Lessee has the right to cancel the present Contract
at any time, warning about it the Lessor in writing for one
day. In that case the Lessee returns property by the way specified
in item 2.3., and the Lessor provides recalculation of a rent
according to the item 3.3. of the present Contract.
5.5. The Lessor have the right to cancel the contract, ahead
of schedule, if the Lessee uses property not according to
its purpose or deliberate or by the imprudence worsens quality
and consumer properties of property, and also in a case when
the Lessee does not pay rent or breaks item 2.5. of the present
Contract. In case of cancellation of the present Contract
on fault of the Lessee indemnification of payments, brought
on date of cancellation is not making.
5.6. In case of a delay of return of property from above
____ days in comparison with the period established in the
Appendix ¹1, the present Contract is the subject to cancellation,
and the Lessee bears the responsibility determined by item
6. of present Contract.
6. THE RESPONSIBILITY OF THE PARTIES
6.1. The Lessee bears the responsibility for safety of the
rented automobile during all period of rent till the moment
of its transfer to the Lessor. In case of loss or damages
of the automobile at this time the Lessee is obliged to compensate
to the Lessor the caused damage within _______ days after
its loss or damage.
The rate of compensation is determined by the parties’ agreement.
In case of a delay of payments for compensation of damage
in the specified period, the Lessee pays the fine at a rate
of 0,2 % from cost of damage or estimated cost of the automobile.
6.2. At damage or spoiling of the given property on fault
of the Lessee, it is repair at the expense of the Lessee,
and during repair, the payment as for using serviceable property
is raised.
6.3. In case of a delay of a rent the Lessee pays the fine
at a rate of 0,2 % from the sum of debts per every day of
delay. The debts on a rent can be collected in the indisputable
order on the basis of an executive inscription of the notary,
according to an item 630 Civil Code of the Russian Federation.
6.4. Payment of fine does not release the Lessee from performance
of the obligation on payment of the basic debt.
6.5. Sanctions under the present Contract are charged and
paid from the date of presentation of the claim.
7. OTHER CONDITIONS
7.1.1 (one) c.u. in an effort of the present Contract it
is established equal to 1 (one) euro. Payment is made in rubles
at the rate of the Central Bank of the Russian Federation
on a maturity date.
7.2. Under the agreement of parties to the given contract,
regulations about renewal of the contract for uncertain term
and about the priority right of the Lessee to the conclusion
of the contract for new period are not applied.
7.3. From the moment of reception of the automobile in using
till the moment of its returning to the Lessor, the Lessee
admits as the owner of the rented vehicle and according to
the current legislation of the Russian Federation bears a
civil liability compared to the third parties and for the
harm caused by a source of increased danger.
7.4. All changes and additions to the given contract should
be made in writing and signed by the parties.
7.5. The present contract is made in duplicate in Russian
and English languages. In case of occurrence of different
interpretations or any discrepancies in the semantic contents
of terms, the advantage of the text of the present contract
written in Russian possesses.
7.6. All disputes and disagreements which can arise from
the present contract or in connection with it, will be whenever
possible, to be solved by negotiations between the parties.
If settlement of questions at issue during negotiations is
impossible, all disputes following from the present contract
are subject to consideration, accordingly jurisdiction, in
court of Moscow (Russia) according to the current legislation
of the Russian Federation.
7.7. In all the rest, which is not settled by the present
contract, the parties are guided by the current legislation
of the Russian Federation.
8. ADDRESSES AND ESSENTIAL ELEMENTS OF THE PARTIES
The Lessor: ÏÁÎÞË Kuzmin P.G., Moscow, ÈÍÍ 771300285803, Moscow,
Timirazevskaia 11-1-11, ð.ñ 40802810400000000030 in ÇÀÎ KB
"ÈÑ-Áàíê", ê/ñ 30101810700000000349 in branch ¹1
ÌÃÒÓ ÁÐ, ÁÈÊ 044583349
The Lessee
The Lessor:
________________ (Signature) |
The Lessee:
_____________________ (Signature) |
S.P.
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Russian
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