Offer

PUBLIC AGREEMENT
(PUBLIC OFFER AGREEMENT)
ON TECHNICAL MAINTENANCE, REPAIR, MODIFICATION OF CARS
The "Contractor", on the one hand, and any person who has accepted (accepted) this public
offer (offer), hereinafter referred to as the "Customer", on the other hand, have concluded this agreement (hereinafter referred to as the "Agreement"), addressed to an unlimited number of persons, which is an official public offer (offer)
of the Contractor, to conclude with any Customer an agreement on technical maintenance, repair of the Customer's vehicle (or such vehicle that is in legal use by the Customer) and/or its components (systems).
When ordering, accepting and paying for the results of the Works performed by the Contractor, the Customers irrevocably and unconditionally accept the terms of this Agreement on the following:
TERMS OF THE AGREEMENT
a) Website – the official page of the Contractor on the Internet, located at the link: https://hunters garage.com.ua;
b) Application – the software product of the Contractor, with the help of which the Customer can interact with the
Contractor, find out information about the Contractor and the Works (services) performed by the Contractor,
order Works, services from the Contractor, pay for them, etc., from their own device compatible with the technical requirements
Application by installing the Application on it;
c) Agreement – ​​this public agreement (offer) on maintenance, repair, modification of cars.
The current and up-to-date version of this Agreement is always publicly available, freely and publicly accessible on the Contractor's Website, located at the above link on the Internet, in the "Offer" section; d) Vehicle - the Customer's Car/Cars, owned by him/her or in his/her lawful use with the right to use and dispose of them; e) Contractor - a person who also represents the "HUNTERS GARAGE" SERVICE CENTER before Customers. The Contractor who will perform the Work on the Customer's Vehicle and, if necessary, will accept claims from the latter, and his/her data and full details will be indicated in the documents that will be drawn up during the execution of the Customer's application and the performance of the Works (including, but not limited to: Work Order, Certificate of Work Performed, etc.). e) Customer – any capable and legally capable individual, legal entity, individual entrepreneur who visited the Contractor’s website or directly personally contacted the Contractor and accepted this Agreement in one of the ways provided for by it; e) Parties to this Agreement – ​​the Contractor and the Customer who accepted this Agreement in one of the ways provided for by the Agreement. g) Works – a set of measures for repair and/or maintenance of the Customer’s vehicle of any brand, carried out by the Contractor in accordance with the terms of this Agreement, DSTU 2322-93 and DSTU 3649:2010, Order of the Ministry of Infrastructure of Ukraine No. 615 dated 28.11.2014. "On Approval of the Rules for the Provision of Services for Technical Maintenance and Repair of Wheeled Vehicles", and other norms of the current legislation of Ukraine, as well as in accordance with the Customer's applications indicating the list of required Works;
g) Order - a properly executed application of the Customer for the Contractor to perform the Works, addressed to the Contractor;
h) Work Order - a document confirming the Customer's approval of the assortment, volumes, prices and terms of performance of Works in relation to the vehicle. Signing/approval of the work order by the Customer or its authorized representative confirms its agreement with the terms of performance of the Order, the assortment, volumes and preliminary terms of the Works, and their preliminary cost.
1. GENERAL PROVISIONS
1.1. This Agreement is concluded by providing the Customer's full and unconditional consent (acceptance) to conclude the Agreement with the Contractor in full, without signing a written copy of the Agreement by the Parties.
1.2. The Agreement has legal force in accordance with Articles 633, 639, 641, 642 of the Civil Code of Ukraine and is equivalent to the Agreement signed by the Parties.
1.3. The Customer confirms the fact of familiarization with and agreement to all terms and conditions of this Agreement in full by accepting it.
1.4. Any of the following actions of the Customer shall be considered acceptance of this Agreement of a public offer:
− the fact of the Customer's application to the Contractor to perform the Works and/or to place a corresponding work order;
− the fact of placing an Order on the Contractor's Website and/or in the Application;
− payment for Works performed by the Contractor or to be performed by the Contractor, and/or payment for spare parts, components, assemblies, units, consumables purchased by the Customer separately, or for the performance of Works on the terms and in the manner specified in this Agreement;
− written (including in electronic form by e-mail, in messengers) notification of the Customer on acceptance of the terms of this Agreement to the postal address, e-mail address, telephone number specified on the Contractor's Website;
− sending by the Customer via the Contractor's website, via the Application, by means of telephony and/or electronic communication, in messengers, etc. a request for an appointment to perform Works and/or receive services, consent to the prior

account of the cost of such Works or services.
1.5. By concluding this Agreement, the Customer automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, and all annexes to this Agreement, the prices for the Works of the Contractor.
1.6. The Contractor has the right to amend or supplement the Agreement at any time without notifying the specific Customer. The current version of the Agreement is always on the Contractor's Website, which is located at the link provided above, in the "Offer" section. The Contractor shall notify the Customer (s) of amendments and supplements to the Agreement by posting its new version in public access on its own Website. Amendments and supplements to this Agreement, made in the manner specified above, in accordance with the provisions of Part 3 of Art. 205 of the Civil Code of Ukraine, are considered unambiguously, irrefutably and fully accepted by the Customer(s), if within ten calendar days from the date of their publication by the Contractor on the Website, the Customer does not provide (send) the Contractor a written notice of termination of the Agreement.
1.7. The terms of this Agreement are typical, standardized and the same for all Customers (consumers).
Since the Contractor, in accordance with the terms of the current legislation of Ukraine, does not have the right to give preference to one Customer (consumer) over another, the terms of this Agreement, in the event of its acceptance in one of the ways provided for by the Agreement, must be accepted by the Customers in their entirety, "as is".
1.8. If the Customer does not agree with the terms of this Agreement, he shall not enter into/accept this Agreement, and shall not have the right to order Works or services from the Contractor under this Agreement, and shall undertake to refrain from such actions.
1.9. The Customer shall have the right to terminate this Agreement by sending to the Contractor's postal address specified in clause 12.9. of Article 12 of this Agreement a corresponding written notice with his unequivocal expression of will to terminate the Agreement. The Agreement shall be terminated no earlier than the Customer's full settlement with the Contractor under the Agreement for the Contractor's actually fulfilled obligations to the Customer, including full payment of penalties accrued under the Agreement (if they are accrued in the cases provided for by the Agreement).
1.10. The Contractor may terminate this Agreement with all Customers or with a specific Customer by posting a public notice on the Website 10 calendar days prior to the date of such termination. Termination of the Agreement by the Contractor shall not release the Contractor from the performance of obligations already assumed.
2. SUBJECT OF THE AGREEMENT
2.1. The Contractor undertakes to perform the Works on commercial repair and/or technical maintenance of the Vehicle, the owner of which (or the user under the relevant lease/hire/rental/leasing agreement, etc. with the owner of the Vehicle) is the Customer, and the Customer undertakes to accept the Vehicle on time after the Contractor has performed the Works or provided the services and to pay in a timely manner and in full for the Works performed by the Contractor and the services provided, within the terms and conditions specified in the Agreement, the Certificate of Work performed, work orders, or under separate agreements of the Parties.
2.2. The types of Works, the terms and scope of their performance are agreed upon by the Parties and indicated in specific work orders for the performance of a certain type of Works. The Parties, upon reaching an agreement, have the right to change the terms of performance of the Works under this Agreement.
2.3. This Agreement does not regulate any relations regarding warranty service of the Customer's vehicle.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES.
3.1. Rights and obligations of the Contractor:
3.1.1. To ensure timely and high-quality performance of the Works on the Customer's vehicle;
3.1.2. To ensure the availability of the required quantity of basic fuel and lubricants and other consumables used in the maintenance or repair of the vehicle;
3.1.3. In the absence of the necessary spare parts, parts, assemblies, units, fuel and lubricants and other consumables in the Contractor's warehouse, and subject to the Customer's fulfillment of the payment terms established by the provisions of Article 4 of this Agreement - to place an order and deliver them within a reasonable time;
3.1.4. Perform the Works within the time limits specified in the Work Order for the performance of the Works, provided that the Contractor has all the necessary spare parts, components, assemblies, units and consumables in stock;
3.1.5. The Contractor, if there is appropriate technological feasibility, reserves the right at its own discretion, without separate approval from the Customer, to engage third-party specialists (subcontractors) to perform certain types of Works, while remaining fully responsible to the Customer for the results of the Works performed and their quality, and the actions/inaction of such subcontractors as for its own;
3.1.6. In the event that the Works, by agreement of the Parties, are performed using materials, units, spare parts, components and other consumables provided by the Customer - timely notify the Customer of the poor quality or unsuitability of the materials, units, spare parts, components and other consumables, orprovided by the Customer. The Parties agreed that in the event of the use of materials, units, spare parts, components and other consumables provided by the Customer during the performance of the Works, the Contractor shall not bear any liability for the direct and/or indirect consequences of the use of such materials, units, spare parts, components and other consumables, and any damage caused to the Vehicle, the Customer and/or third parties as a result of their use. The Contractor's warranty obligations do not apply to the materials, units, spare parts, components and other consumables provided by the Customer;
3.1.7. In the event that the Customer provides instructions/requests regarding the performance of the Works, the observance of which may pose a threat to the appropriateness, legality, quality and suitability of the results of the Works, warn that compliance with such instructions/requests of the Customer threatens the quality or suitability of the results of the Works, the safety of the use of the Vehicle, etc. In such a case, the Contractor shall be excluded from liability for the quality of the Works performed and the guarantee of the quality of the Works;
3.1.8. Upon completion of the Works, which is formalized by the Certificate of Work Performed, transfer the Vehicle to the Customer, and at the Customer's separate request, return the replaced components/parts/units/units (except for those replaced under warranty) together with the Vehicle, on the day of its issuance to the Customer after completion of the Works;
3.1.9. The Contractor has the right to move the vehicle around the territory of its own service station, as well as conduct test (trial) trips of the Customer's vehicle, if there is such a technological necessity;
3.1.10. Refuse to accept the Customer's vehicle for the execution of the latter's application provided that:
– the Customer's representative does not have a properly executed document confirming his identity and/or authority to make relevant applications for the Works;
– the Customer transfers the vehicle to the Contractor in a form that does not allow or complicates the inspection or execution of the Customer's application;
– the Customer's application cannot be executed by the Contractor for technical reasons;
– the Customer's application cannot be executed by the Contractor due to the absence of materials, equipment, units, spare parts, components and other consumables in the latter's warehouse, and the Customer insists on the desired terms for the execution of the Works under the application;
– The Customer has not paid any advance order, or the Customer has outstanding debts for any obligations to any possible Contractor under this Agreement;
3.1.11. The Contractor has the right not to start the Works, and to suspend the Works already started (with a corresponding proportional postponement of the terms of performance of the Works), if the Customer, or its insurance company, by agreement of the Parties, must provide the Contractor with spare parts, parts, assemblies, units, fuel and lubricants
and/or other consumables, but did not actually provide them to the Contractor, which made it impossible for the Contractor to perform the Works within the terms stipulated by the Parties;
3.1.12. At its own discretion, refuse to accept for safekeeping the Customer's property installed (placed) in the Vehicle in excess of the completeness stipulated by its manufacturer. This norm does not apply to anti-theft alarms;
3.1.13. Refuse to satisfy the Customer's claims in case of non-compliance with the rules for operating the Vehicle,
or the rules for operating its individual components, modifications, accessories;
3.1.14. Perform the Works ahead of schedule.
3.2. Customer's obligations:
3.2.1. Make timely and full payments to the Contractor within the terms and conditions established by the Contract, the Certificate of Work Performed, the work order, or other written agreements of the Parties;
3.2.2. No later than 3 (three) business days from the date of notification by the Contractor of the completion of the Works,
accept the actually performed Works and the Vehicle, pick up the Vehicle from the territory of the Contractor's service station, and sign the Certificate of Work Performed;
3.2.3. If the Customer, in violation of the terms of the Agreement, does not appear to receive the Vehicle from the Contractor within the period established by this Agreement, the Customer is obliged to pay the Contractor's costs for storing the Vehicle, starting from the day following the expiration of the period set for receiving the Vehicle, based on the calculation of UAH 100.00 for each calendar day (full or incomplete) of such storage of one Vehicle. The deadline for accruing such payment for storage of the Vehicle is established by the Parties as "unlimited". In the event that the Customer delays its obligation to timely accept the Vehicle from the Contractor and its removal from the territory of the Contractor's Service Station by more than 1 (one) month, the Contractor, at its own discretion, reserves the right to unilaterally move such Vehicle outside the territory of the Service Station, and from the moment of such movement shall not bear any liability to the Customer and/or third parties for the safety of the Vehicle and/or its individual components;
3.2.4. Provide the Contractor with the Vehicle on the agreed day and time in a clean and tidy condition, i.e. in a condition that will allow the Contractor to conduct an inspection and necessary tests of the Vehicle, as well as to fulfill the Application;
3.2.5. PUpon receipt of the Vehicle from the Contractor, the Customer is obliged to conduct an examination, inspection and testing of the units, components, spare parts, assemblies, units, consumables, accessories, etc. installed during the performance of the Works, and the results of the Works for compliance and quality. By accepting the Vehicle from the Contractor, the Customer confirms that he has properly inspected and tested the Vehicle and/or the results of the Works, as well as the proper, complete, high-quality and timely performance of the Works by the Contractor;
3.2.6. By the time the Vehicle is transferred to the Contractor, provide the Contractor with the relevant documents confirming the Customer's right to use the Vehicle, if he is not its owner;
3.2.7. If the Customer transfers the Vehicle to the Contractor, or accepts it from the latter not in person,
to duly authorize his representative(s) and ensure that he has all the necessary documents (passport, ID card or other document certifying the identity of the representative, vehicle registration certificate, power of attorney, etc.);
3.2.8. The Customer is obliged to remove from the Vehicle all personal belongings, animals, and other foreign objects beyond the factory equipment of the Vehicle, and also to ensure that there are no third parties in the Vehicle, before transferring the Vehicle to the Contractor.
3.3. Customer's Rights:
3.3.1. At any working time (within the Contractor's working hours) to check the progress and quality of the Works performed, without interfering in the Contractor's activities. In this case, the Customer (its representatives) may enter the Repair Zone of the Contractor's Service Station only at the Contractor's invitation and accompanied by a responsible employee of the Contractor, with the Customer's (Customer's representative) unconditional compliance with all safety standards and regulations established by the Contractor;
3.3.2. Receive information about the Works/services that can be performed/provided by the Contractor, and their cost;
3.3.3. Require the Contractor to return the replaced components/parts/units/units upon acceptance of the Vehicle from the Contractor, except for cases when such replacement was carried out under warranty;
3.3.4. To refuse to continue the performance of the Works at the Contractor's Service Station, having paid the latter the full payment for the Works already actually performed and having compensated him for the losses caused by such refusal.
4. PROCEDURE FOR PERFORMANCE AND ACCEPTANCE OF WORK
4.1. When accepting a Vehicle from the Customer for the performance of Works on the Vehicle, the Parties shall draw up two copies of the Vehicle Acceptance and Transfer Act (its components). At the same time, the Contractor shall check (establish) the technical condition of the Vehicle (its components), and shall also inspect the Vehicle for the presence of external damage and defects, which shall be indicated in the relevant Vehicle Acceptance and Transfer Act. The Contractor, at its sole discretion, reserves the right to take photos and/or video recordings of the condition of the Customer's Vehicle at the time of acceptance of the Vehicle from the latter.
4.2. The works are performed in accordance with the Order, which is signed by the representatives of the Parties. The Order shall specify: a list of Works (necessary, ordered, performed) and their estimated cost, a list of spare parts, parts, assemblies, units necessary for the performance of the Works, a list of auxiliary and consumable materials necessary for the performance of the Works, a list of components and materials provided by the Customer and/or its insurance company for the performance of the Works, as well as the estimated terms of performance of the Works. 4.3. If the Contractor does not have the spare parts or materials necessary for the performance of the Works in its warehouse, the Contractor shall order the spare parts and materials necessary for the performance of the Works, provided that they are fully paid for in advance by the Customer. The delivery period for ordered spare parts by the Contractor is up to 90 (ninety) business days (unless a longer period is agreed upon by the Parties) from the date of receipt of payment for the ordered spare parts and materials into the Contractor's account. The term for the performance of the Works is increased by the delivery period for all ordered spare parts and materials if the Customer's Vehicle remains under repair at this time.
4.4. The Contractor has the right to perform Works that are not directly provided for by the Customer in the application,
but are necessary for the safe use of the Vehicle by the Customer, and the cost of which does not exceed the initial,
previously specified in the Work Order, by more than 20% (twenty percent). Otherwise, the Contractor is obliged to pre-agree with the Customer on the performance of such Works in person, by making a phone call, by e-mail, or in a messenger.
4.5. The Customer grants the Contractor the right to independently move the Vehicle, conduct test/trial trips of the Vehicle being repaired (served), if such technological necessity arises.
4.6. In the event of the Customer's refusal to perform the Works necessary for the safe use of the Vehicle,
the Contractor shall not be liable for the consequences of its further use and the damage caused by such refusal to third parties, the Customer, the Vehicle. The Contractor may draw up a corresponding Act (including a unilateral one, if the Customer refuses to sign it), or the corresponding mark is made directly on the Work Order or other document indicating such Works.
4.7. Parts that were replaced in the process of Works on the Vehicle, at the request of the Customer, are returned to the Customer at the time of receipt of the Vehicle. The Customer has no right to demand the return of parts replaced in the process of repair of the Vehicle, if the Customer, upon receipt of the Vehicle, did not notify the Contractor of his desire to immediately receive such parts. In this case, the Contractor has the right to dispose of such parts replaced in the process of repair of the Vehicle, including disposing of them.
4.8. After the Works are performed, the Contractor provides the Customer with a Certificate of Work Performed, which indicates the list of Works performed, their cost, warranty periods for the Works performed (if a guarantee is provided).
4.9. Upon completion of the Works and signing of the Certificate of Work Performed, the Vehicle is issued to the Customer or a person authorized by the Customer to receive the Vehicle. The basis for issuing the Vehicle to an authorized person is the original power of attorney and a document certifying the identity of such a representative.
4.10. The Customer's representative authorized to receive the Vehicle for repair is also obliged, upon receipt of the Vehicle, to accept the Works performed by the Repair and Maintenance Contractor in accordance with the Certificate of Work Performed. The person authorized by the Customer to accept the Vehicle for repair is considered competent and sufficiently authorized in the matter of accepting the Vehicle and the results of the Works, and the Customer has no right to further challenge the actions of his representative on the grounds of his incompetence and/or incompleteness of his powers.
4.11. In the event of detection of defects in the performed Works during the established warranty periods (provided that the Contractor provides a guarantee), the Contractor is obliged to eliminate them by its own efforts and at its own expense, provided that such defects arose due to poor-quality performance of the Works by the Contractor, or the use of its own low-quality components or materials, and are not a consequence of improper operation of the Vehicle, or its individual components or accessories by the Customer. The specified point, provided that the Works are performed by the Contractor, does not apply to cases of vehicle malfunctions that arose as a result of the use of spare parts provided by the Customer and/or its insurance company.
4.12. The Customer shall be obliged to file a claim with the Contractor regarding the defects of the performed Works that could not be detected during the normal acceptance of the Works and which are only detected during the use of the Vehicle (hidden defects) immediately after their detection, but no later than the last day of the warranty period (in the event that the Contractor provides a guarantee), if the Works were performed using the Contractor's materials/parts and which are covered by its warranty obligations.
5. COST OF WORKS AND PROCEDURE OF CALCULATIONS
5.1. The estimated cost of the Works for repair and/or maintenance of the Vehicle is indicated in the Work Order.
5.2. The final cost of the Works for repair and/or maintenance of the Vehicle is indicated in the Certificate of Work Performed.
5.3. In the absence of Materials or the impossibility of determining their quantity when drawing up the Vehicle Acceptance Certificate, in the event of the need to provide additional services (works) during the performance of this Agreement, the volume (list) of materials (spare parts, components, systems) and additional services shall be agreed with the Customer orally, via messengers, by e-mail, or by telephone. If the agreement is made by telephone, the Customer is warned that such a conversation will be recorded and may be used, if necessary, as evidence of proper agreement and performance by the Contractor of obligations under the Agreement. 5.4. Payment for the cost of Works (services) in relation to the Customer's vehicle shall be made by the latter on the basis of an invoice and/or a Certificate of Work Performed. The moment of performance of the work is considered the sending of a notification to the Customer about readiness by e-mail, text message to a mobile number or using messengers (Viber, Telegram, WhatsApp, etc.) or by making a phone call to the number specified by the Customer on the Contractor's website for feedback. If the notification is sent by making a phone call, the Customer is warned that such a conversation will be recorded and may be used if necessary as evidence of the Contractor's proper performance of its obligations under the Agreement. 5.5. The Contractor has the right, as security for the Customer's performance of monetary obligations under this Agreement, to detain the Customer's vehicle until the Customer has paid in full for the Works performed by the Contractor and the services provided by him, in accordance with the procedure provided for in Articles 594 - 597 and Article 856 of the Civil Code of Ukraine. At the same time, the Customer, during such retention of the Vehicle by the Contractor, is obliged, at the request of the Contractor, to pay the cost of storage of the Vehicle in the amount specified in clause 7.7. of article 7 of this Agreement.
5.6. Spare parts/details/units/units not available in the Contractor's warehouse, and/or consumables necessary for the performance of the Works, shall be ordered by the Contractor from suppliers and paid for by the Customer in accordance with emo, with
prior 100% payment.
5.7. Payment is considered made from the moment the corresponding amount of funds is credited to the Contractor's current account in the Act of Work Performed, or from the moment the Customer makes a cash payment to the Contractor's cash desk (if the Contractor has a cash desk).
5.8. Prices for the Contractor's Works and services, and the spare parts, details, assemblies,
units and consumables necessary for their implementation are set in the national currency of Ukraine - hryvnia.
5.9. Taking into account that during the performance of the Works on the Vehicle, foreign-made components and materials are mostly used, the cost of which includes an import component, the Customer is hereby notified that in the event of an increase in the exchange rate of the US dollar and/or Euro to the hryvnia, established by the NBU, by more than 5% from the date of the Contractor's order of spare parts, components, assemblies, units, consumables, etc., necessary for the performance of the Works (and/or provision of services) on the Customer's Vehicle, the Contractor, on a sole basis, without separate notice to the Customer, increases the price of such components and materials in hryvnia, previously agreed with the Customer in the work order or in another manner, in proportion to the change in such exchange rate of the US dollar and/or Euro to the hryvnia, with the appropriate reflection of such increased prices for components and materials in the Certificate of Work Performed. 6. QUALITY OF WORK. ACCEPTANCE-TRANSFER OF WORKS
6.1. The quality of the Works performed by the Contractor under this Agreement must meet the requirements set forth in the relevant technical regulations, conditions and standards for this type of Works in accordance with the provisions of the current legislation of Ukraine.
6.2. If the quality of the Works performed by the Contractor satisfies the Customer, the Parties shall sign the Certificate of Work Performed. If the Customer is not satisfied with the quality of the Works performed, in this case the Customer shall be obliged to notify the Contractor of this by the time of signing the Certificate of Work Performed. By signing the Certificate of Work Performed, the Customer confirms that he has no claims against the Contractor regarding the Works performed by the latter, their quality, completeness, terms of completion, cost, etc.
6.3. The warranty periods for the Works performed are specified in the Certificate of Work Performed. If the Certificate of Work Performed does not specify the warranty periods, then the warranty for such Works is not provided.
6.4. The warranty for installed spare parts of parts, assemblies, units provided and installed by the Contractor is established in accordance with the requirements of the manufacturer and/or supplier of such components, and is specified in the Certificate of Work Performed. If the Certificate of Work Performed does not specify the warranty periods, then the warranty for such spare parts is not provided.
6.5. Place of Work Performance: Kyiv, Sumska Street, 3 / Bogatyrska Street, 3G.
6.6. The Customer, by accepting this Agreement in any of the ways provided for by it, gives the Contractor consent that the annexes to this Agreement may include photos and/or videos of the Vehicle (which certify its condition), taken by the Contractor during the arrival of the Vehicle on the territory of the Contractor, acceptance of the Vehicle from the Customer, during the performance of the Works, before the transfer of the Vehicle to the Customer, etc.
7. LIABILITY OF THE PARTIES
7.1. For violation of the terms of the Agreement, the parties shall bear liability provided for by this Agreement and the current legislation of Ukraine.
7.2. For late payment under this Agreement, the Customer, in addition to reimbursement of the cost of the actually performed Works and the relevant components and consumables, shall pay the Contractor a penalty in the amount of double the NBU discount rate in force at the time of the delay, on the amount of the debt, for each day of delay.
7.3. In the event of the Customer's violation of the payment term (deadline) by more than 10 calendar days, the Customer, in addition to other penalties provided for by this Agreement, shall pay the Contractor a fine in the amount of
20% of the amount of the overdue monetary obligation to the Contractor.
7.4. Guided by the provisions of Part 2 of Article 625 of the Civil Code of Ukraine, the Parties have agreed that
in the event of the Customer's delay in any payments, the payment of which is provided for by the terms of this Agreement,
the Customer, at the request of the Contractor, shall pay the latter 30 (thirty) percent per annum of the overdue amount of
the debt to the Contractor.
7.5. In the event of unjustified delay in the performance of the Works beyond the terms specified in the work order by the Contractor, the latter shall pay the Customer a penalty in the amount of double the NBU discount rate in force at the time of breach of the Agreement, on the cost of the Works not performed on time under this Agreement for each day of delay, but in general - no more than 20% of the total Cost of such Works.
7.6. For evading receipt of a notification of the completion of the Works in respect of the Vehicle, the Customer shall additionally pay the Contractor a one-time penalty in the amount of 25% of the cost of the relevant Works.
7.7. The Contractor has the right to detain any of the Customer's Vehicles on its territory until the Customer receives the amount of the arrears for payment for previously performed and timely unpaid Works, including for Vehicles other than the one being detained. In this case, the Customer must pay the Contractor the cost of storing the vehicle based on the calculation of 100.00. UAH, for each calendar day (full or partial) of such storage of each vehicle.
7.8. Compensation for the damage caused does not release the guilty Party from fulfilling its obligations under this
Agreement.
7.9. In the event of the Customer's refusal of spare parts (materials) that were not in the Contractor's warehouse and were ordered by the Contractor from suppliers specifically for the Customer, the latter shall pay the Contractor a penalty in the amount of 50 (fifty) percent of the cost of such spare parts (materials) that he refused.
The specified penalty, in the case of ordering such parts on a prepayment basis, shall be deducted from the funds that were transferred (paid) by the Customer for the purchase (order) of such spare parts (materials). The rest of the prepayment received from the Customer shall be returned to the Customer no later than 15 (fifteen) banking days from the date of the Customer's refusal of such spare parts. In the event of ordering such spare parts (materials) on a cash on delivery basis, the Customer undertakes to pay the Contractor such a fine within 7 (seven) calendar days from the date of the Contractor's submission of the relevant claim.
7.10. The Contractor is not responsible for the safety of the personal belongings of the Customer and/or third parties left in the Vehicle.
7.11. If within 3 calendar days the Customer does not make a decision on the actual performance of the Works on the Vehicle that was left by the Customer on the territory of the Contractor's service station, and such a Vehicle has not been removed by the Customer from the territory of the Contractor's service station, the Customer shall pay the Contractor the cost of downtime (storage) of the Vehicle on the territory of the Contractor in the amount of UAH 100.00 for each full or partial day of such downtime (storage), without time limits for such accrual - until the date of actual removal of the Vehicle from the territory of the Contractor's service station.
7.12. The Parties have agreed that in accordance with Clause 6 of Article 232 of the Civil Code, the statute of limitations for claims for payment (collection) of fines accrued in accordance with the terms of this Agreement is three years.
7.13. The accrual of penalties for late performance of obligations under this Agreement shall cease 3 years from the date of the delay.
8. PROCEDURE FOR REVIEWING DISPUTES.
8.1. All legal relations arising from or related to the Agreement, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, the interpretation of its terms, the determination of the consequences of the invalidity or violation of the Agreement, shall be governed by this Agreement and the relevant norms of the current legislation of Ukraine, as well as by the customs of business transactions applicable to such legal relations, based on the principles of good faith, reasonableness and fairness.
8.2. In the event of disputes arising under this Agreement, the Parties shall take all measures to resolve them through negotiations. If mutual agreement is not reached, disputes shall be referred to the court of the appropriate territorial and subject-matter jurisdiction.
9. FORCE MAJEURE.
9.1. Neither Party shall be liable for the full or partial failure to perform, delay in performance or improper performance of its obligations under this Agreement if such failure or delay in performance is directly or indirectly caused by force majeure. The Party invoking the provisions of this Clause shall, no later than 10 (ten) days, provide written notice to the other Party of the nature of the occurrence and expected duration of the force majeure, and shall make every effort to limit the impact of these circumstances in order to fulfill its obligations under this Agreement as soon as possible.
9.2. For the purposes of this Agreement, force majeure circumstances shall be deemed to be any circumstances affecting the performance of this Agreement which result from or are caused by acts, events, omissions or circumstances beyond the control of the Parties and, without limiting the generality of the foregoing, shall include acts of God, fire, acts of government, insurrection, hostilities or strikes.
9.3. A certificate issued by the Chamber of Commerce and Industry of Ukraine or other competent authority shall be sufficient evidence of the existence of force majeure circumstances.