Viide: Ares(2023)5286254 – 31.07.2023
Lisa
Euroopa rahutagamisrahastu nõuded sõjaliste kaupade ühises Euroopa Liidu
nimekirjas oleva kaitseotstarbelise varustuse kõlblikkuse ja päritolu kohta
(kohaldatakse pärast 15. novembrit 2022 vastu võetud abimeetmete suhtes)1
Kooskõlas Euroopa rahutagamisrahastu rahalist toetust käsitleva lepingu lisatud eritingimuste
artiklitega 7.1.12, 7.1.8 ja 7.1.10:
a. Kodakondsuse reeglid: sõjaliste kaupade ühises Euroopa Liidu nimekirjas2 loetletud
kaupade ostmiseks on kõlblikkus piiratud. Üldtingimuste artikli 20.1 kohaselt on
hankemenetlustes osalemine alati avatud rahvusvahelistele organisatsioonidele ning
ELi liikmesriikides, Albaanias, Bosnia ja Hertsegoviinas, Gruusias, Islandil,
Kosovos*, Liechtensteinis, Moldovas, Montenegros, Põhja-Makedoonias, Norras,
Serbias ja Ukrainas3 asutatud organisatsioonidele ja äriühingutele.
Lisaks sellele, kui lepinguosalise organisatsiooni kõlblikkuse reeglid seda lubavad,
võivad osaleda ka organisatsioonid ja äriühingud mis tahes järgmistest riikidest:
Aruba, Kanada, Tšiili, Hiina Rahvavabariigi Hongkongi erihalduspiirkond, Iisrael,
Jaapan, Mehhiko, Singapur, Lõuna-Korea, Šveits, Taiwan, Ühendkuningriik,
Ameerika Ühendriigid4.
b. Päritolu reeglid: üldtingimuste artikli 20.1 kohaselt ei tohi sõjaliste kaupade ühises
Euroopa Liidu nimekirjas loetletud kaubad olla pärit5 muudest kui eespool punktis a
loetletud riikidest6.
c. Dokumentatsioon: ühises Euroopa Liidu nimekirjas loetletud kaupade ostu puhul
kohaldatakse alltöövõtjate kodakondsuse ja kaupade päritoluga seotud
dokumentatsiooni suhtes üldtingimuste artikli 15.1 kohast arhiveerimiskohustust.
1
Euroopa rahutagamisrahastust rahastatavate tulude ja kulude rakenduseeskirjad (WK 8984/2021 INIT, muudetud
WK 17213/2022), jõustusid 30. novembril 2022, kättesaadav aadressil:
https://www.consilium.europa.eu/media/60848/epf-new-implementing-rules.pdf.
2
Sõjaliste kaupade ühine Euroopa Liidu nimekiri, mille nõukogu võttis vastu 20. veebruaril 2023, nõukogu teatis
(ÜVJP) 2023/C 72/02 (ELT C 72, 28.2.2023, lk 2–37).
=
* See nimetus ei piira seisukohti staatuse kohta ning on kooskõlas ÜRO Julgeolekunõukogu
resolutsiooniga 1244/1999 ja Rahvusvahelise Kohtu arvamusega Kosovo iseseisvusdeklaratsiooni kohta.
3
Kooskõlas Euroopa rahutagamisrahastu rakenduseeskirjade 3. raamatu artikli 50 lõike 1 kolmanda lõiguga.
4
Kooskõlas Euroopa rahutagamisrahastu rakenduseeskirjade 3. raamatu artikli 50 lõikega 2.
5
Kooskõlas Euroopa rahutagamisrahastu rakenduseeskirjade 3. raamatu artikli 50a lõikega 2 loetakse kaubad
pärinevaks riigist, kus need on täielikult saadud või toodetud või kus nad on läbinud viimase olulise ja
majanduslikult põhjendatud töötlemise või ümbertöötlemise, mille tulemusel on valmistatud uus toode või mis
moodustab olulise tootmisetapi.
6
Kooskõlas Euroopa rahutagamisrahastu rakenduseeskirjade 3. raamatu artikli 50a lõikega 1.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË – Tel. +32 22991111
Kui organisatsioon leiab, et eespool nimetatud kodakondsus- ja päritolureeglid, mis käsitlevad
sõjaliste kaupade ühises Euroopa Liidu nimekirjas loetletud kaupade hankimist, ei võimalda
meetme eesmärke saavutada, teatab ta sellest eelnevalt hankijale ja saadab erandi tegemise
taotluse, mis sisaldab järgmist üksikasjalikku teavet:
- nende asjaolude laad, mis nõuavad erandit kodakondsuse ja/või päritolu reeglitest
kooskõlas punktidega a ja b;
- kuidas muudest kui eespool loetletud riikidest (selgelt määratletavad) pärit
organisatsioonide või äriühingute osalemine ja/või muudest kui eespool loetletud
riikidest (selgelt määratletavad) pärit toodete hankimine tagaks abimeetme tõhusa
rakendamise;
- meetme eesmärkide saavutamiseks vajaliku (vajalike) kodakondsuse reeglitest ja/või
päritolu reeglitest erandi(te) eeldatav(ad) kestus(ed).
Taotlust hinnatakse Euroopa rahutagamisrahastu rakenduseeskirjade 3. raamatu artikli 50
lõike 2 ja artikli 50 punkti a kohaselt. Hankija esitab selle vajaduse korral Euroopa
rahutagamisrahastu komiteele eelneva nõusoleku saamiseks ja teavitab organisatsiooni
viivitamata selle tulemustest.
OLULINE: Eespool nimetatud sõjaliste kaupade ühises Euroopa Liidu nimekirjas loetletud
kaupade kodakondsuse ja päritolu reegleid kohaldatakse ka alltöövõtjate suhtes, samuti nende
ühises Euroopa Liidu nimekirjas loetletud kaupade päritolu suhtes, mida toetuse saaja võib
hankida, nagu on sätestatud eritingimuste artiklis 7.1.8.
Annex 1
PUBLIC CONTRACT DRAFT
………...2025 No 2-2/25/……….
The Estonian Centre for Defence Investments, registry code 70009764, address Järve 34a, 11314
Tallinn, Estonia, represented on the basis of the statute by Director General ____________________
(hereinafter Buyer),
By the General Staff of the National Army of the Republic of Moldova, registry code
1006601001263, address Hîncești Highway 84, Chișinău, Republic of Moldova, MD-2021, represented
by Deputy Chief of the General Staff of the National Army, Brigade general Sergiu VOINU (hereinafter
Beneficiary) responsible of delivering the goods to the final end users, and
By the Supply and Infrastructure Management Agency of the Ministry of Defense of the Republic of
Moldova, registry code 1006601001229, address Hîncești Highway 84, Chișinău, Republic of Moldova,
MD-2021, represented by Director of Supply and Infrastructure Management Agency, Colonel
Stanislav POJAR (hereinafter Consignee) responsible for customs procedures when the companies are
delivering the goods,
and
__________________, registry code __________________, address __________________,
represented by __________________, pursuant to __________________ (hereinafter Seller),
separately Party and jointly Parties,
have concluded the following Public Contract (hereinafter Contract):
1. Basis and subject of the Contract
1.1. The Contract is concluded on the basis of the founding documents and the Tender of the
Seller for the public procurement „6kW generaatorite soetus Moldova
Kaitseministeeriumile” (in English „Acquisition of 6kW generators for the Ministry of
Defense of Moldova“) (reference number 299406).
1.2. The subject of the Contract is the purchase of generators for the Republic of Moldova
(hereinafter the Goods) with training (hereinafter the Services).
1.3. The delivery time for the Goods is no later than ____.
1.4. The Goods and the Services are financed in the framework of the European Peace
Facility Contribution Agreement No. EPF/2022/27, signed by the Buyer and the
European Commission as administrator for Assistance Measure under the European
Peace Facility to support the Armed Forces of the Republic of Moldova.
1.5. By this Contract the Seller undertakes to deliver to the Beneficiary the Goods, according
to the Technical Description (Annex 1) and the Tender of the Seller and transfer it to the
Beneficiary together with all property rights to it, and the Buyer undertakes to pay for
proper and timely delivered Goods following provisions and procedures of this Contract.
The Seller shall, together with the Goods, provide full relevant information, usage
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instructions and other information required for adequate use of the Goods. In the event
that the Goods are purchased with life-cycle Services, contractual conditions for the
provision of Services stipulated in the Law of Obligations Act of the Republic of Estonia
shall be applied for such provision of Services, which are not regulated, are in
contradiction or are not applicable towards the nature of the Service.
1.6. The scope and quantity of the Goods, requirements for the Goods, the related Services
and terms and other information related to the delivery of the Goods are detailed in the
Technical Description, Tender of the Seller, which are an integral part thereof. When
performing the Seller must follow the terms and conditions of the Contract and its
Annexes, properly fulfill all the requirements specified therein.
1.7. The Contract is concluded with the Seller, relying on the Tender of the Seller, the Seller’s
applications and confirmations stipulated within this Contract, and the premise of good
faith in the Seller’s professionalism and capability to perform the Contract duly. In the
event that the Seller employs subcontractors, responsibility of the proper performance
of the Contract rests on the Seller.
1.8. The Seller states and confirms that:
1.8.1. they and their representative have all the necessary rights and mandates to
conclude this Contract;
1.8.2. they have read the Contract and the founding documents of the public
procurement and that they understand fully the content and repercussions of
duties undertaken and that they agree with the conditions therein;
1.8.3. with the performance of this Contract, the rights of third parties are not
affected and that there are no such circumstances which might exclude their
rights to conclude this Contract and perform it duly;
1.8.4. they have all the necessary and valid licenses, registrations, rights of
representation and certificates, and at their expiry during the duration of the
Contract agrees to extend/ renew them. If the renewal of licenses,
registrations, rights of representation and certificates is not possible due to
circumstances independent of the Seller, it is the Seller’s obligation to
promptly notify the Buyer about it;
1.8.5. the Seller confirms the absence of any claims or other rights applicable on the
transferred Goods or rendered Services by third parties, which third parties
have the right to apply to the Goods or Services;
1.8.6. they and their offered Goods or Services are not subject to international
sanctions or originated in an area subject to sanctions in accordance with the
International Sanctions Act of the Republic of Estonia.
1.9. The Goods must be in compliance with the founding documents of the public
procurement, the invitation to tender and the Seller’s submitted tender. The delivered
Goods must be in compliance with the terms of this Contract, including in terms of
quality, type, currency, description and quantity. All documents and packaging
accompanying the Goods must also be in compliance with the terms of this Contract.
1.10. Services must be in compliance with the terms of the Contract, specifically in terms of
quality and description.
2. Parts of the Contract
The integral parts of the Contract are invitation to tender, Tender of the Seller and its annexes,
explanations, confirmation letters, notices and all concluded amendments between the Parties.
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3. The Buyer’s Rights and Obligations
3.1. The Buyer has the right to check the performance of contractual obligations and
documents relevant to the ordering of Goods or Services on an ongoing basis.
3.2. The Buyer has the right to check the validity and compliance of issued invoices,
calculations and other expenses. If necessary, the Buyer has the right to claim invoices
from subcontractors.
3.3. The Buyer has the right to consult with the Seller about questions relevant to the Goods
or Services, e.g. questions relating to the delivery and use of the Goods or provision of
Services.
3.4. The Buyer is obligated to pay to the Seller for the contractually delivered Goods and
rendered Services in accordance with the conditions stipulated in this Contract.
3.5. The Buyer is obligated to reply within a reasonable time to all the Seller’s requests in
order to specify instructions.
3.6. The Buyer is obligated to immediately notify the Beneficiary and the Seller of a breach of
Contract conditions, where such a breach has been detected.
3.7. The Buyer is obligated to confirm, while requested, the appropriateness of the provided
Goods.
4. The Seller’s Rights and Obligations
4.1. The Seller is obligated to transfer the Goods specified in this Contract to the Beneficiary.
4.2. The Seller is obligated, on the Buyer’s demand, to submit a centralized statement for all
Goods and Services ordered in MS Excel format or in another format agreed upon with
the Buyer within 10 days after receiving said request, unless agreed otherwise.
4.3. The Seller is obligated to submit information (quantity and purpose) on the Buyer’s
demand about subcontractors. In the event that such information has been submitted
by the Seller prior to the conclusion of this Contract, the Seller must coordinate any
changes with contact persons with the Buyer.
4.4. The Seller is obligated to inform the Buyer and Beneficiary about any circumstances
which obstruct the performance of this Contract.
4.5. The Seller is obligated to inform the Buyer and Beneficiary promptly about cyber-attacks
and cyber incidents undertaken against the Seller and issue a cyber-incident report to
the Buyer and Beneficiary on the Buyer’s or Beneficiary’s demand.
4.6. The Seller is obligated to follow fair trade conditions, environmentally friendly principles
and not use slave or child labor during the performance of the Contract.
4.7. The Seller is obligated to provide to the Beneficiary in full the property rights to the
Goods.
4.8. The Seller is obligated not to satisfy at least one of the prohibited conditions provided
for in the Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive
measures in view of Russia's actions destabilizing the situation in Ukraine, including
amendments made by Council Regulation (EU) 2022/576 of 8 April 2022 amending
Regulation (EU) No 833/2014, Council Regulation (EU) No 269/2014 of 17 March 2014
concerning restrictive measures in respect of actions undermining or threatening the
territorial integrity, sovereignty and independence of Ukraine, including amendments
made by Council Implementing Regulation (EU) 2022/581 of 8 April 2022.
4.9. The Seller has the right to receive the agreed-upon payment for delivered Goods or
rendered Services in accordance with the terms of this Contract.
4.10. The Seller has the right to receive instructions, explanations or other information which
affects the performance of the Contract.
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5. The Beneficiary’s Rights and Obligations
5.1. The Beneficiary is obligated to accept the Goods and Services specified in this Contract
for its ownership.
5.2. The Beneficiary is obligated to provide the Seller with information and/or documents
reasonably requested thereby and assistance in the performance of the Contract. Upon
receipt of the request of the Seller for the provision of information required for the
performance of the Contract, the Beneficiary undertakes to provide the requested
information no later than within 5 working days from the receipt of such request. If the
amount of information requested by the Seller is large or requires additional analysis,
the Beneficiary shall be granted an additional reasonable term for the provision of such
information.
5.3. The Beneficiary is obligated to immediately notify the Seller and the Buyer of a breach of
Contract conditions, where such a breach has been detected.
5.4. The Beneficiary is obligated to confirm, while requested, the appropriateness of the
provided Goods.
5.5. The Beneficiary is obligated to properly perform all other obligations set forth in the
Contract, its Annexes, legal acts applicable to the delivery of these Goods and (or) arising
from the essence of this Contract.
5.6. The Beneficiary has the right to control the delivery of Goods in a timely manner.
6. Packaging and Labelling of the Goods
6.1. The Seller is obligated to provide packaging of Goods in such a way that ensures its
conservation during transport and storage in an unchanged manner. The terms for
packing and labeling of the Goods, as well as the way of transporting them are set out in
the Conditions for Packaging and Delivering (Annex 2).
6.2. For packaging and marking Goods, the Seller must adhere to the requirements
stipulated by the Buyer.
7. Delivery and Acceptance of the Goods
7.1. The place of delivery of the Goods is Republic of Moldova, Chisinau, Incoterms 2020
DAP. The exact place of delivery of the Goods will be specified by the Beneficiary 7 days
before the expected delivery of the Goods.
7.2. In the event that the Goods are subject to export inspection by the Seller’s country of
origin, the Seller shall submit to the Buyer an appropriate form of the end user’s
certificate and provide the necessary export license.
7.3. The Seller shall prepare and agree with the Buyer and the Beneficiary a free form
schedule for delivery of the Goods no later than 10 days after the entry into force of the
Contract.
7.4. The Beneficiary and the Buyer, having verified and satisfied that the Goods meet the
requirements set out in the Contract and its Annexes and that all other obligations of
the Seller under the Contract have been fulfilled, must accept the provided Goods and
sign the Delivery-Acceptance Act of Goods.
7.5. The Seller shall issue a Delivery-Acceptance Act, which shall be signed consecutively by
the Seller, Buyer and Beneficiary and sent to the Parties. The parties shall also accept
scanned versions of the Delivery-Acceptance Act with the physical signatures. In this
case Parties agree that they shall send a copy of the Delivery-Acceptance Act with the
original signatures within one month from the moment the need was expressed.
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7.6. The Seller shall submit to the Beneficiary a shipping notice for the delivery of Goods at
least 5 working days prior to the scheduled delivery time to the e-mail addresses
………………
[email protected] and ………………
[email protected].
7.7. The shipping notice must include:
7.7.1. name of Goods;
7.7.2. public procurement reference number;
7.7.3. delivered quantity, incl. number of pallets, containers etc.;
7.7.4. logistical unit measurements;
7.7.5. packaging method (plastic packaging, net wrapping, pallet etc.);
7.7.6. mode of transportation, which is used for delivery (truck, lorry etc.), and
quantity;
7.7.7. specific requirements or needs to unload the delivery;
7.7.8. scheduled delivery date and time;
7.7.9. delivery address.
7.8. The Seller shall deliver the Goods to the Beneficiary and the Beneficiary shall accept the
delivery under agreed-upon conditions.
7.9. The Seller shall issue a Delivery-Acceptance Act (Annex 4) alongside a shipping notice or
during the delivery of the Goods at the latest or after a Service has been rendered. The
Delivery-Acceptance Act must include:
7.9.1. the Seller’s details
7.9.2. the Beneficiary’s details
7.9.3. ……………………
7.9.4. name, product code and quantity of Goods / type and time of provision of
Service
7.10. In addition to the Delivery-Acceptance Act, the Seller is obligated to hand over to the
Beneficiary all documents that are necessary for the receiving, management, use and
disposal of the Goods.
7.11. The Beneficiary has the right to inspect the quality of delivered Goods or rendered
Services for compliance with the terms of the Contract within two weeks.
7.12. In the absence of the Delivery-Acceptance Act, the Beneficiary has the right to take
possession of the given Goods or accept the rendered Service, however, delivery and
acceptance shall be deemed to be finalized upon the reception of a proper Delivery-
Acceptance Act.
8. Contract Price and Terms of Payment
8.1. The price of the Contract is ………………… Euros, with 0% value added tax (VAT).
8.2. Prices are fixed for the duration of the Contract.
8.3. The price of the Contract includes the price of all Goods delivered and related Services
provided under this Contract, all taxes and fees and other costs (excluding costs and/or
taxes related to the importation of Goods), delivery costs, costs of exporting the Goods
and the cost of providing documents for payment, if any, related to the proper
performance of the Contract. No additional costs of the Seller shall be paid or
reimbursed.
8.4. If the purchased Goods will be exported to Moldova, all export procedures and
documents relating to the export of the purchased Goods are handled and signed by the
Seller. In this respect, the Seller will issue an invoice at a 0% VAT rate.
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8.5. If the Goods to be purchased will be imported into Moldova, all import procedures
including VAT exemptions and import-related documents, are handled and signed by the
Beneficiary in accordance with the provisions of the Moldova’s Government Decision nr
246/2010 and in accordance with confirmation letter of VAT exemption for ECDI by the
Delegation of the European Union. All taxes and costs related to the import is the
responsibility of the Beneficiary.
8.6. If the Party concerned encounters unforeseen difficulties (e.g. lack of action by the
authorities, lack of necessary documentation, etc.) in carrying out export or import
procedures, they shall immediately inform the other Parties of these circumstances.
8.7. Payments shall be made in Euros in accordance with the following procedure:
8.7.1. When the Seller, by means of the Delivery-Acceptance Act, has satisfactorily
and timely delivered the Goods in accordance with the terms of the Contract,
as specified in Clause 1.2 of the Contract, and correspond to the price of the
delivered Goods, payment shall be made on the basis of the quantity of Goods
actually delivered at the Goods price specified in Clause 8.1. of the Contract.
8.7.2. In accordance with the delivery schedule referred to in Clause 7.3 of the
Contract, once the Seller has delivered some or all of the Goods and handed
them over in accordance with the procedures set out in the Contract, the
Buyer shall make the payment in accordance with the Seller’s invoice.
8.8. The Seller bears all costs relevant to the delivery and transportation of Goods until the
delivery has been finalized. The Seller also bears all Goods-related costs and
incumbrances until the delivery has been finalized, except costs which derive from
circumstances arising from the Buyer and/or Beneficiary.
8.9. Unit prices for the Services are stipulated in the Tender of Seller. Unit prices for the
Services include all costs necessary for the performance of the Contract, including
actions listed in the Technical Description.
8.10. For the Services, payments shall be made in accordance with ordered and actually
rendered the Services, by taking into account the Delivery-Acceptance Act signed by the
Buyer, Beneficiary and Seller.
8.11. One e-invoice shall be issued for each delivery or rendered the Service, unless agreed
otherwise.
8.12. The Seller shall issue an e-invoice to the Buyer. In the event that the Seller is registered
outside of the Republic of Estonia and has no technical capabilities to issue e-invoices,
then they shall issue invoices in PDF-format to the e-mail address stipulated
[email protected].
8.13. The Seller shall issue an (e-)invoice with details stated below:
8.13.1. The Buyer’s details:
Estonian Centre for Defence Investments, Järve 34a, 11314 Tallinn, Estonia,
registry code 70009764.
8.13.2. Other details to be included on the invoice:
Contact person name;
Contract number;
Public procurement reference number;
Quantity and name of Goods / type and time of rendered Services;
15-digit reference number:…………;
EPF/2022/27.
8.13.3. Seller’s bank details:
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Seller’s Bank: ………………….;
IBAN:…………………;
SWIFT Code: …………………...
8.14. The Seller shall issue an additional invoice to the Beneficiary on the Beneficiary´s invoice
template (Annex 5).
8.15. The Buyer shall pay for the Goods or Services that were accepted by the Buyer and
Beneficiary and comply with the terms of the Contract to the billing account set on the
invoice within 28 days of receiving an invoice that complies with the terms of the
Contract. The basis for issuing an invoice is a Delivery-Acceptance Act that is signed by
Buyer, Beneficiary and Seller.
8.16. The Buyer shall not accept an invoice which does not comply with the terms of the
Contract. In such an event, the Seller shall issue a new invoice within seven working
days.
8.17. For a Seller registered in the Republic of Estonia, prior to finalizing a payment, which is
10 000 Euros with VAT or more, the Buyer shall check for the absence of tax arrears via
the Tax and Customs Board website. In the event of a tax arrear of 10 000 Euros or
more, the Buyer shall inform the Tax and Customs Board of the invoice that is due for
payment.
9. Force Majeure
9.1. Breach of contractual obligations is excusable, if the Party was in breach of obligations
due to force majeure. Under force majeure, the Parties deem circumstances, which the
Party that was in breach of obligation could not influence, and on the grounds of the
prudent person principle the Party could not have been expected to take that
circumstance into account during the performance of the Contract or avoid it or
overcome the hindrance or its consequence, e.g. natural disasters, power failures,
hostilities, blockades. The Parties do not deem the inability of the Seller’s third party
contractual partner to perform the Contract as force majeure.
9.2. If any circumstance that applies to the conditions of force majeure incurred the non-
performance of the Contract within a deadline stipulated in the Contract or its annexes
and its effect is temporary, the behavior of the Party in breach of obligations is
excusable only at a time when the force majeure inhibited the performance of the
obligation.
9.3. Due to the event of a force majeure, the time limit for the performance of the
contractual obligation shall be postponed, but for no more than 90 calendar days, unless
the Parties have agreed otherwise.
9.4. The Party who cannot perform their obligations due to force majeure must promptly
notify the other Party of the arisen circumstance and its conclusion. Failure to notify or
failure to notify timely removes from the Party the right to refer to the excusability of
the breach, i.e. the emergence of the force majeure, and the Party who was in breach of
obligation to notify is responsible for the breach of contractual obligations, according to
the stipulations of this Contract.
9.5. In the event that the effect of the force majeure is permanent and does not enable the
Parties to perform their contractual obligations in full or partially, the Parties have the
right to terminate or withdraw from the Contract, by submitting a corresponding
termination of / withdrawal from the Contract to the other Party.
9.6. Circumstances arising from the COVID-19 pandemic shall not be deemed as force
majeure. In the event that new unforeseen restrictions are implemented after the
conclusion of the Contract, which are related to the COVID-19 pandemic and prohibit or
inhibit the performance of the Contract, they may be deemed as force majeure.
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9.7. Effects on the obligation of delivering Goods or providing Services arising from the
restrictions on import from the Russian Federation and Republic of Belarus shall not be
deemed as force majeure by the Parties, provided that these circumstances were
present at the moment of conclusion of the Contract.
10. Warranty Obligation
10.1. With this Contract, the Seller grants a ___-month warranty for all ………………,
accessories, auxiliary equipment and tools, a ___-month warranty for performed repair
works and a ___-month warranty for installed spare parts.
10.2. Warranty applies from the moment that the Goods have been received by the
Beneficiary without any deficiencies or from the moment that the Delivery-Acceptance
Act has been signed by the Buyer, Beneficiary and Seller for Services which have been
rendered without deficiencies.
10.3. In the event that the manufacturer’s warranty for Goods or Services is in any way more
favorable towards the Beneficiary (e.g. in terms of time) than the warranty obligation
stipulated in the Contract, the Seller is obligated to provide the utilization of such
warranty claim to the Beneficiary, if such a circumstance arises, under more favorable
conditions towards the Beneficiary, which are derived from the manufacturer’s warranty
conditions.
10.4. Warranty covers all deficiencies that become evident during the warranty period, all the
while taking into account normal wear and tear for Goods, and for Services, the
manufacturer’s instructions.
10.5. The Beneficiary is obligated to inform the Seller about deficiencies regarding ordered
Goods or Services to the Seller’s e-mail address.
10.6. The Seller is obligated to replace the defective Goods or remedy the repercussions of
insufficiently rendered Services free of charge within 90 calendar days, starting from the
moment that the Beneficiary’s corresponding and justified warranty claim was received.
With the Beneficiary’s written consent, this period may be longer.
10.7. The Seller covers all costs relevant to the replacement of defective Goods or
insufficiently rendered Services.
10.8. Goods replaced or Services rendered insufficiently during the warranty period shall be
given a new warranty that has the same duration as the original Goods or Services.
11. Confidentiality and Security Requirements
11.1. Under confidential information, the Parties deem information, personal details, security
details and documents that are clearly marked for internal use only, that become
available during the performance of the Contract, and other information, whose
disclosure might damage the interests of the Party. Confidential information does not
include information whose obligation of disclosure derives from legislation, on the
condition that such a disclosure is performed in the most restricted way possible from
all possible options.
11.2. Parties agree not to disclose the other Party’s confidential information neither during
the duration of the Contract nor later without the other Party’s written agreement.
Parties shall protect the confidentiality of the information that was made known to
them during the performance of the Contract.
11.3. The Seller agrees not to use any documents or information that pertains to the Contract
without the Buyer’s, Beneficiary’s or Consignee’s written agreement, except in cases
which are necessary to perform the contract. All documents except the Contract are
property of the Buyer and at the Buyer’s Beneficiary’s or Consignee’s demand, the Seller
is obligated to return them after the expiry of the Contract.
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11.4. Disclosure of information to any third parties that is for internal use only is prohibited.
11.5. In the event that the Seller must enter premises under the area of administration of the
Ministry of Defense of the Republic of Moldova in order to perform the Contract, the
Seller must follow applicable security conditions that are mutually agreed between the
parties. In the event that the Seller employs subcontractors at the aforementioned
premises, they must previously be coordinated with the Beneficiary in writing and all
security conditions stipulated in the Contract apply to them as well. Responsibility for
the performance of security conditions by the subcontractors rests on the Seller.
11.6. Notices relating to the subject of the Contract or its performance that are directed
towards the general public, including press releases, referring to the Buyer or
Beneficiary in an advertisement or Internet publication, is allowed only with the Buyer’s
or Beneficiary’s consent by any means capable of producing a written record.
12. Intellectual Property Rights
In the event that the Goods or a part of them (incl. relevant information) are protected by
intellectual property rights, the Seller shall grant to the Buyer a global irrevocable royalty-free
license in accordance with the Copyright Law, which is valid until the term of protection of
copyright. The license shall be deemed to be transferred from the moment that the Goods or a
part of them (incl. relevant information) have been transferred. The terms for transfer and
utilization of intellectual property rights can be agreed upon otherwise in the corresponding
public contract.
13. Liability
13.1. In the event of improper performance or non-performance of contractual obligations,
Parties shall accept responsibilities with regard to the other, in accordance with the
terms of the Contract and valid legislation.
13.2. Ownership of Goods and the risk of loss of, or damage to, the Goods are transferred
from the Seller to the Beneficiary generally at the appropriate delivery of Goods, unless
agreed otherwise.
13.3. The Seller is responsible for the non-compliance of Goods (deficiencies) to the terms of
the Contract, if the non-compliance exists during the transfer of risk of loss of, or
damage to, the Goods to the Beneficiary and if the non-compliance of Goods to the
terms of the Contract is discovered (i.e it was not possible to discover the deficiencies
during normal inspection, so-called hidden deficiencies) after the said risk was
transferred to the Beneficiary.
13.4. The Seller is responsible for the non-compliance of Services (deficiencies) to the terms of
the contract, if the non-compliance of the Service to the terms of the Contract is
discovered (i.e. it was not possible to discover the non-compliance during regular
inspection, so-called hidden deficiencies) after the Service was rendered.
13.5. In the event that the Seller performs the Contract improperly, the Buyer and Beneficiary
have the right to refuse the acceptance of Goods or rendered Services and the
obligation of payment per purchase price, and issue to the Seller a claim to perform the
obligation in accordance with the contract after the discovery of the breach of
obligation, by giving the Seller a reasonable time limit to perform the contract. Until the
proper delivery of Goods or provision of Services to the Beneficiary, the Seller is deemed
late with delivery.
13.6. Goods do not comply with the terms of the contract inter alia if the Goods do not have
the agreed-upon attributes, the Goods cannot be utilized for their intended purpose, a
third party has claims to the Goods or other claims that they can issue or the Goods
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have not been packaged in accordance with the terms of the contract or the Delivery-
Acceptance Act is absent.
13.7. Services do not comply with the terms of the contract inter alia if the Service has not
been rendered according to the expected quality or if no Delivery-Acceptance Act has
been issued for the Service.
13.8. The Beneficiary is obligated to inform the Seller in writing about the non-compliance of
the Goods or Services (incl. deficit with the Goods) within 14 days, if the Beneficiary or
the Beneficiary’s authorized representative discovered the non-compliance of the Goods
or Services to the terms of the Contract. In said notice, the Beneficiary is obligated to
claim performance of the obligation, by giving a reasonable time limit to the Seller for
the duly performance of the obligation, which generally cannot be longer than 60 days.
13.9. In the event that the Beneficiary does not inform the Seller about deficiencies with the
Goods or Services within the time limit stipulated in the Contract after the discovery of
the deficiencies, the Seller is free from responsibility from the deficiencies with the
Goods or Services, except in cases when not informing the other Party of deficiencies
was reasonably excusable.
13.10. If the Goods delivered or Services rendered to the Beneficiary are not in compliance
with the terms of the Contract, the Beneficiary has the right to demand from the Seller
the replacement of non-compliant Goods with Goods that are in accordance with the
terms of the Contract or the second provision of Services that is in compliance with the
terms of the Contract.
13.11. If the Goods have not been delivered or Services have not been rendered by the set time
limit, the Buyer has the right to claim a contractual penalty of up to 0.25% per day of the
Goods not delivered or Services not rendered on time for every calendar day due, but no
more than 50% of the cost of the contract.
13.12. The Seller shall pay to the Buyer for shortcomings/inconsistencies of the Goods, which
are irreparable or have not been repaired within the reasonable period set by the Buyer
or Beneficiary, a contractual penalty in the amount of 5% of the price of the Goods
delivered improperly.
13.13. If the Contract is terminated due to the fault of the Seller (including the cases when the
Contract is terminated on Seller's own initiative), Seller shall pay to the Buyer a
contractual penalty in the amount of 10% of the initial Contract price.
13.14. The Seller shall pay to the Buyer for failure to provide warranty services according to
Clause 10 of the Contract 5% of the value of particular Good.
13.15. If during the performance of the Contract, it is established that the Seller, their
subcontractors, the economic entities whose capacities are relied upon, or persons
controlling them, or the Goods supplied by the Seller (including their components and
manufacturers of goods and parts thereof) pose a threat to the national security of the
Beneficiary state and/or satisfies at least one of the prohibited conditions provided for
in the Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive
measures in view of Russia's actions destabilizing the situation in Ukraine, including
amendments made by Council Regulation (EU) 2022/576 of 8 April 2022 amending
Regulation (EU) No 833/2014, Council Regulation (EU) No 269/2014 of 17 March 2014
concerning restrictive measures in respect of actions undermining or threatening the
territorial integrity, sovereignty and independence of Ukraine, including amendments
made by Council Implementing Regulation (EU) 2022/581 of 8 April 2022, a fine shall be
applied 10% of the initial Contract price, indicated in Clause 8.1 of the Public Contract.
13.16. In addition to terminating the Contract or withdrawing from it, Parties have the right to
claim a contractual penalty for a significant breach of the Contract in accordance with
the extent of the incurred damage.
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13.17. If the Seller is in breach of any other contractual obligations beside on-time delivery or
on-time provision of Services, the Buyer has the right to claim a contractual penalty of
up to 10% of the total cost of the Goods or Services.
13.18. If a Party is in breach of a confidentiality obligation, the other Party has the right to
claim a contractual penalty of up to 10 000 Euros per each corresponding breach.
13.19. In the event that the Buyer delays payment of the invoice, the Seller has the right to
claim from the Buyer default interest stipulated in the Law of Obligations § 113
subsection 1 for the sum unpaid by the time limit of up to 0.25% per day for every
calendar day overdue, on the condition that the Buyer has been informed of the default
interest within 30 days since its occurrence. The total sum of the default interest shall
not exceed 10% of the sum overdue.
13.20. Contractual penalties are to ensure the performance of the agreed-upon obligation, not
to replace the performance of the obligation. Claiming a contractual penalty does not
remove from the Buyer the right to claim compensation of damages relevant to the
breach of Contract.
13.21. The right of claim of contractual penalties is 180 days from the discovery of the
corresponding breach.
13.22. Contractual penalties and default interests are paid within 28 working days, starting
from the reception of the corresponding claim. The Buyer has the right to deduct the
sums of claims of the contractual penalties and sums of compensations from the
amounts to be paid to the Buyer.
13.23. In the event that the Seller does not start to perform the Contract, the Buyer has the
right to claim compensation of damages within the range of difference in cost between
the Seller’s tender and the second tenderer’s tender.
13.24. If there is a deficit in the quantity of the Goods, the Beneficiary is entitled to accept the
given Goods and issue a claim to the Seller to deliver the missing quantity of the Goods
to a delivery point designated by the Beneficiary at the Seller’s expense.
14. Grounds for Termination of Contract
14.1. Upon termination of or withdrawal from the Contract, the Buyer shall grant the Seller a
reasonable time limit for performing the Contract, which generally cannot be longer
than 30 days. The time limit provided for the performance of the Contract does not
exempt the Party from the liability for breach of obligations.
14.2. The Buyer is not obligated to grant the Seller a time limit for performing the Contract
upon the termination of / withdrawal from the Contract in the event of a significant
breach of Contract. In such an event, the Buyer shall submit to the Seller an application
for termination of / withdrawal from the Contract within a reasonable time limit,
starting from the moment the significant breach of Contract became apparent. The
termination of / withdrawal from the Contract is deemed to have been finalized when
the application for termination of / withdrawal from the contract has been received by
the Seller.
14.3. Upon expiry of the additional time limit given for the performance of the Contract, the
Buyer can submit to the Seller a written application for the termination of / withdrawal
from the Contract. The Contract is deemed to be terminated / withdrawn from at the
moment of the application’s reception by the Seller. An application for the termination
of / withdrawal from the Contract is not necessary, if upon previously granting an
additional time limit, the Buyer has informed the Seller in writing about the termination
of / withdrawal from the Contract in the event of an unperformed contractual obligation
during the given time limit. In such an event, the Contract shall be terminated upon the
passing of the time limit provided by the Buyer for the performance of the Contract and
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on the condition that the Seller has not offered proper performance of the Contract to
the Buyer.
14.4. Both Parties have the right to terminate or withdraw from the Contract, if the other
Party is in significant breach of contractual obligations (significant breach of contract).
Significant breaches of Contract include inter alia:
14.4.1. one Party is in breach of contractual obligations willfully or due to severe
negligence;
14.4.2. the Seller has not performed their obligations during the additional time limit
given by the Buyer;
14.4.3. the Seller has notified the Buyer about their refusal to perform the Contract;
14.4.4. the Seller has submitted false information or forged information;
14.4.5. one Party is in breach of the obligation of confidentiality;
14.4.6. the breach of obligation gives one Party reasonable cause to presume that the
other Party will not be performing their obligations in the future;
14.4.7. the Seller has infringements of the law with the sale of the item of the Contract
or provision of Services;
14.4.8. the Seller’s licenses for the performance of the Contract expire and the Seller
does not extend them or the extension of the licenses is not possible for
circumstances independent of the Seller;
14.4.9. the Seller has been in breach of contractual conditions more than three times.
14.5. The Buyer has the right to terminate the Contract under extraordinary circumstances, if
a bankruptcy order or process of liquidation has been initiated towards the Seller.
14.6. The Buyer has the right to terminate or withdraw from the contract at any time, by
informing the Seller at least 30 calendar days beforehand.
14.7. Parties have the right to terminate the Contract at any time with Parties’ written
consent.
14.8. In the event of terminating the Contract, the Parties are not obligated to perform the
Contract. In the event of a termination of / withdrawal from the Contract, Parties are
obligated to return to the other Parties everything that has been already delivered for
the time following the termination of the Contract, in accordance with the Law of
Obligations Act.
15. Contact Persons
15.1. The Buyer’s contact person is the corresponding category manager, who at the time of
the conclusion of this contract is ………………… Category Manager ……………. (phone
number +……………….., e-mail
[email protected]).
15.2. The Seller’s contact person is ……………………………………..
15.3. The Beneficiary’s contact person is …. (phone number +373 ………, e-mail address
[email protected]).
15.4. The Consignee’s contact person is …………… (phone number +373 ……………,
[email protected]).
15.5. All notices which do not have legal consequences shall be issued via e-mail and must be
addressed to the contractual persons of Contact, unless agreed otherwise in the
Contract.
15.6. Notices sent by the Parties to each other shall be prepared in English and sent to the
Contact persons by e-mail.
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15.7. In the event of changes to Contact persons or other information, the corresponding
Party shall inform the other Party of such changes promptly via e-mail. This notice shall
not be deemed as amendment to the Contract.
16. Final Provisions
16.1. This Contract is concluded by e-mail, exchanging scanned versions of the Contract with
the physical signatures.
16.2. Scanned versions of the Contract with the physical signatures will be exchanged via e-
mails indicated in Clause 15 of the Contract.
16.3. The Contract enters into force on the date of its signing by all Parties.
16.4. Parties agree that they shall receive a copy of the Contract with the original signatures
within one month from the moment the need was expressed.
16.5. Scanned copies of the Contract signed by all Parties shall have full legal force prior to the
exchange of the originals of the Contract, give rise to rights and obligations for the
Parties, and may not be disputed by the Party on whose behalf they were signed and
sent.
16.6. If the person authorized to sign such agreements changes, before the Parties exchange
the originals of the Contract, the original of the Contract shall be signed, containing the
original physical signature of the changed person authorized to sign such agreements,
and reproduces by scanning signatures of persons authorized to sign such agreements
along with their scanned signatures.
16.7. The Contract signed in this way is considered by the Parties to be the original of the
Contract, which is kept by the Beneficiary.
16.8. In cases when it is established that the Seller, their subcontractors, the economic
entities whose capacities are relied upon, or persons controlling them, or Goods poses
threat for national security of the Beneficiary state, the Seller is recognized as not
meeting the requirements set out in the Terms of procurement regarding national
security, therefore further Contract signing procedures with this Seller are terminated.
16.9. Language used to perform the Contract is English.
16.10. For the performance of this Contract and disputes arising from the Contract, legislation
of the Republic of Estonia is prevalent.
16.11. Parties have agreed to use all means necessary to settle differences between one
another through negotiations. In the event of not reaching an agreement, the dispute
shall be settled in accordance with the legislation of the Republic of Estonia at the Harju
District Court.
16.12. The invalidity of a single provision of the Contract does not bring about the invalidity of
the entire Contract or other provisions.
16.13. Neither Party has the right to transfer their contractual rights and obligations to third
parties without a written consent of the other Party.
16.14. Amending the concluded Contract can be agreed upon on the grounds and extent of the
Estonian Public Procurement Act.
16.15. Amendments to the Contract are valid if they have been formalized in writing. Not
following the written format requirement deems any amendments to the Contract void.
All amendments to the Contract shall enter into force upon signature by all Parties or
upon the time limit stipulated by the Parties.
16.16. Notifications of legal effect between the Parties must be submitted in writing or via e-
mail with signatures from the respective Party. A written notice shall be deemed to have
been received inter alia if it has been sent by registered mail to the address specified in
the Contract and 5 working days have passed since the notice was mailed. When
sending the notice via e-mail, the notice is be deemed to have been received on the
working day after the notice was sent.
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17. Annexes
17.1. Annex 1. Technical Description;
17.2. Annex 2. Conditions for Packaging and Delivering;
17.3. Annex 3. The Seller’s Tender;
17.4. Annex 4. Delivery-Acceptance Act ;
17.5. Annex 5. Invoice template;
17.6. Annex 6. Translation of the Tender.
Buyer: Seller:
___________________ ___________________
(signature/date) (signature/date)
____________________ ____________________
Director General ____________________
Beneficiary: Consignee:
___________________ ___________________
(signature,date) (signature,date)
Sergiu Voinu Stanislav Pojar
Deputy Chief of the General Staff Director of Supply and Infrastructure
of the National Army Management Agency
14/14
Annex 3
Conditions for Packaging and Delivering Spare Parts
1. Labelling Spare Parts (hereinafter „Goods“)
The label attached to the original packaging of the Goods must contain the following details at a
minimum:
• name of the Goods;
• vehicle make;
• NSN-code (if applicable);
• product code;
• the Seller’s warehouse code.
2. Packaging
When transporting Goods on pallets, the products are packaged into grouped packaging (packing
crates). The Seller agrees to provide packaging that ensures the Goods’ conservation during its
transportation to the destination and its long-term storage in unchanged form.
Labels for grouped packaging are at least an A4-size in capital letters and in bold. The minimum letter
height is 8 mm. There is a label on at least two sides of the packing box.
The labelling details on the label are in the following order:
• name of the Goods;
• product and/or NSN-code (if applicable);
• quantity and unit (pieces/EA);
• delivery time (month and year);
• contract number and batch number (if the Goods are delivered in several parts);
• the Seller’s name;
• the Seller’s address;
• delivery address.
Packing crates are placed on pallets. The pallet dimensions are 800x1200 mm. Pallets must be intact
(not decayed, mouldy and with no broken boards), clean and there cannot be any protruding nails.
Pallets must endure the long-term storage of the Goods. The maximum height of packing crates
placed on pallets is 1200 mm (pallets are not returnable). Plastic film is used for transport, which
covers the packing crates on the pallets. Plastic film keeps the product crates firmly on pallets and
protects them from the elements.
Labels for transporting packaging are at least an A4-size in capital letters and in bold. The minimum
letter height is 8 mm. There is a label attached on all sides (four labels on one package). The
conservation conditions are up to five years in ventilated permanent structures. Transport is in
confined form and on land, air and sea. The package must endure handling with mechanical tools.
The labelling details on the label are in the following order:
• NSN-code (if applicable);
• product name;
• quantity and unit (pieces/EA);
• delivery time (month and year);
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• contract number and batch number;
• the Seller’s name;
• the Seller’s address;
• delivery address.
If the order is for a single product or a small quantity of Goods, then the Goods must be packaged in
other appropriate and suitable packaging. The cost of the Goods’s packaging is covered within the
cost of the sold Goods.
3. Delivery Conditions
The Goods must be delivered unbroken and unspoiled and in suitable packaging for transport.
Delivery addresses in Moldova:
- Headquarters Regiment ”General de brigadă Nicolae Petrica”, 3 Petrarilor Street, Chisinau,
Republic of Moldova
The Buyer shall specify delivery locations during the performance of the Contract. Transport of the
Goods to the destination set by the Buyer takes place with the Seller’s own mode of transportation.
2/2
Meelis Järv
Auto Lüliti OÜ
04.09.2025 nr 2-7/25/4155
Riigihanke alusdokumendid "6kW generaatorite
soetus Moldova Kaitseministeeriumile"
(viitenumber 299406)
Austatud härra Meelis Järv
Riigi Kaitseinvesteeringute Keskus (edaspidi ka hankija) pöördub Teie poole ettepanekuga esitada
pakkumus väljakuulutamiseta läbirääkimistega hankemenetluses „6kW generaatorite soetus Moldova
Kaitseministeeriumile“ (viitenumber 299406).
Riigihanke eesmärgiks on sõlmida hankeleping, mille esemeks on kuue (6) 6kW generaatori soetamine
Moldova Kaitseministeeriumile.
Hankija edastab Teile riigihanke alusdokumendid käesoleva kirja lisana.
Palume Teil esitada:
1. pakkumus Lisa 2. Tehniline kirjeldus, maksumuse ja vastavuse vormil;
2. pakutava generaatori tooteleht/spetsifikatsioon;
3. ELi vastavusdeklaratsioon või CE-sertifikaat elektripaigaldise kohta (deklaratsioon peab näitama
vastavust muu hulgas ELi madalpingedirektiivile 2014/35/EL, EMC-direktiivile 2014/30/EL ja RoHS2-
direktiivile 2011/65/EL);
4. ELi vastavusdeklaratsiooni või CE-sertifikaadi tööstuslike pistikupesade standardi EN 60309 kohta.
Palume esitada pakkumus koos lisadokumentidega hiljemalt 12.09.2025 kell 11:00 e-posti aadressidele
[email protected] ja
[email protected].
Kui teil tekib küsimusi, saatke palun kiri e-posti aadressile
[email protected].
Lugupidamisega
Mati Tikerpuu
kategooriajuht
side ja radarid
Lisad:
1. Hankelepingu projekt, 20250903_Public_ECDI_Annex_1_Public_contract_draft.docx;
2. Tehniline kirjeldus, maksumuse ja vastavuse vorm,
20250903_Public_ECDI_Annex_2_Technical_description_cost_and_conformity_form.xlsx;
3. Varuosade pakendamise ja tarnimise tingimused,
20250903_Public_ECDI_Annex_3_Conditions_for_Packaging_and_Delivering_Spare_Parts.docx;
4. Üleandmise-vastuvõtmise akti vorm,
20250903_Public_ECDI_Annex_4_Delivery_Acceptance_Act_template.docx;
5. Arve vorm, 20250903_Public_ECDI_Annex_5_Invoice_template.docx;
6. Euroopa rahutagamisrahastu nõuded,
20250903_Avalik_RKIK_Lisa_6_Euroopa_rahutagamisrahastu_nõuded.pdf.
Järve 34a / 11314 Tallinn / 717 0400 /
[email protected] / www.kaitseinvesteeringud.ee
Registrikood 70009764
Annex 5
Annex No.__
To the Public Contract „___
(reference number ___)
INVOICE No.___________
Date:________________
Contract No._________________________
Seller: Beneficiary:
Legal entity's name: Legal entity's name: General Staff of the National Army
Address: Address: Hinchesti highway 84, Chisinau, Republic of Moldova, MD-2021
Registry code: Registry code: 1006601001263
VAT payer code:
Bank:
Bank code (SWIFT):
Bank account (IBAN) No.:
Contact Person (name, phone nr. email):
Buyer: Consignee:
Legal entity's name: Estonian Centre for Defence Investments Legal entity's name: Supply and Infrastructure Management Agency, MOD
Address: Järve 34a, 11314 Tallinn, Estonia Address: Hinchesti highway 84, Chisinau, Republic of Moldova, MD-2021
Registry code: 70009764 Registry code: 1006601001229
Contact Person (name, phone nr. email):
Quantity Commodity Description Weight (kg) Unit price (Euro) Total price (Euro)
(as in the Contract) gross net
Total to be paid ………………………………………….. EUR
VAT exempt……………………………………………………………………..(if applicable)
Delivery Incoterms 2020: DAP
European Peace Facility Agreement Number: EPF/2022/27
Annex 4
Annex No____
To the Public Contract „___
(reference number ___)
INTERIM/FINAL DELIVERY – ACCEPTANCE ACT
Pursuant to the Contract No.____________ of ____ 20__
I. Subject
1. The present act is to certify that:
1.1. the Seller has delivered the Goods according to the Technical Specification:
# Name of the Goods (quantity) &supporting materials, training (if applicable) Cost, EUR
1
2
1.2. The Buyer and the Beneficiary have accepted the Goods according to the Technical specification, as delivered on
time and meeting the requirements specified in the Contract and its annexes. The Parties don't have claims to each
other;
1.3. The Beneficiary has accepted the Goods according to the list indicated in Clause 1.1. of this Act for its ownership.
In the event of defects being discovered at the time of acceptance of the Goods, the following provisions shall apply
instead of paragraphs 1.2 to 1.3 above. To be deleted if not applicable
1.2 The Buyer / Beneficiary has remarks on the quantity/or quality of the Goods delivered and/or detected defects in the
quality of the Goods supplied and/or deviations from the requirements set in the Contract and its annexes (a list of
defects/deviations found is attached to this Act) and accepts the Goods partly (if applicable) according to the list
indicated in Clause 1.1. of this Act;
1.3 The Buyer /Beneficiary has set the following time limit for rectification of the defects/deviations of Goods_____
(please indicate)
II. Settlements
2.1. The value of the Goods delivered by the Seller according to the list indicated in Clause 1.1. of this Act amounts to
_________________________ EUR (including VAT and all related taxes).
III. Legal effect of the act
3.1. The present act is drawn up in 3 (three) copies all having an identical legal effect, one copy for each of the Parties.
IV. Place of unloading, address
4.1. full address in English
full address in Beneficiary's language
V. Signatures of the Parties
BUYER BENEFICIARY SELLER
Date and signature, stamp Date and signature, stamp Date and signature, stamp