1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor undertakes to provide for temporary use, and the Lessee undertakes to accept, pay for the use and promptly return technical means for in good condition, taking into account normal wear and tear in accordance with the nomenclature attached to the contract and being its integral part, accompanied by technical documentation(hereinafter referred to as equipment). Products and income received by the Lessee as a result of the use of the leased equipment are the property of the Lessee.
1.2. At the time of the conclusion of the contract, the leased equipment belongs to the Lessor on the basis of ownership, which is confirmed by "" 2019, is not pledged or arrested, is not the subject of claims by third parties.
1.3. The leased equipment is located in normal condition that meets the requirements for such equipment in accordance with the purpose of the leased object.
1.4. Without the consent of the Lessor, the specified equipment cannot be subleased or used by the Lessee to other persons.
1.5. The lessor has the right to demand termination of the contract and compensation for damages in cases when he establishes the facts of using the equipment not in accordance with the terms of the lease agreement or its purpose.
1.6. The Lessor shall be liable for deficiencies in the equipment leased by him under the contract, which completely or partially prevent its use, despite the fact that when renting it out (or when concluding the contract), the Lessor might not have known about the presence of these deficiencies.
1.7. In cases of material violation by the Lessee of the procedure for paying the rent (payment terms) established by the agreement, the Lessor may require the Lessee to pay the rent ahead of schedule within the period established by the Lessor, but not more than two consecutive scheduled payment terms.
1.8. The parties have determined that the Lessee, who duly fulfilled its obligations under the contract, with other equal conditions enjoys the pre-emptive right to conclude a lease agreement for a new term after the expiration of this agreement.
1.9. The Agreement is considered concluded from the moment it is signed by the parties and the equipment is transferred to the Lessee under the acceptance certificate. The acceptance certificate indicates the accessories and spare parts of the equipment, keys, documents, etc.
2. PROCEDURE FOR THE PROVISION AND RETURN OF EQUIPMENT
2.1. The equipment is provided on time. The Lessee has the right to extend the lease term by , of which he is obliged to inform the Lessor no later than days before the end of the lease term.
2.2. The lessor is obliged to provide the equipment in good condition, complete, with checking of the devices and a mark on their compliance with the technical parameters.
2.3. The tenant allocates a representative to receive and return the equipment, who checks its good condition and completeness.
2.4. The Lessee's representative signs an obligation to return the equipment. The equipment is issued after the Lessor receives the Lessee's obligation to return the equipment and the paid invoice for the first quarter.
2.5. The Landlord is obliged to provide the Tenant necessary information, technical documentation, and if necessary, send your specialist for training and familiarization with the rules technical operation equipment.
2.6. In the event of equipment failure due to reasons beyond the control of the Lessee, the Lessor is obliged to eliminate the breakdown or replace the failed item with a serviceable one within a period of time. This case is certified by a bilateral act. For the time during which the Lessee was unable to use the equipment due to its failure, no rent is charged and the lease period is extended accordingly.
2.7. If the equipment is out of order due to improper operation or storage by the Lessee, the latter shall repair or replace it at its own expense.
2.8. The Lessee is obliged to remove the equipment from the Lessor's warehouse and return it on his own and at his own expense.
2.9. The Lessee is not entitled to transfer the leased equipment for sublease, for gratuitous use, to transfer its rights and obligations under the contract to third parties, to pledge lease rights.
2.10. The tenant has the right to return the equipment ahead of schedule. The Lessor is obliged to accept the equipment returned ahead of schedule and return to the Lessee the appropriate part of the received rent, calculating it from the day following the day of the actual return of the equipment.
2.11. The period of equipment being leased is calculated from the day following the date of receipt of receipt.
2.12. When returning the equipment, its completeness and technical inspection are checked in the presence of the Lessee. In case of incompleteness or malfunction, a bilateral act is drawn up, which serves as the basis for filing claims. If the Tenant refused to sign the act, a corresponding note is made in the act, which is drawn up with the participation of a competent representative of an independent organization.
3. CALCULATIONS
3.1. The amount of rent for equipment is rubles quarterly.
3.2. The Landlord issues an invoice to the Tenant, which the latter is obliged to pay within days.
4. SANCTIONS
4.1. For late payment of rent within the period established by the agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of the debt for each day of delay.
4.2. For delay in the provision of equipment within the period specified in the order, the Lessor shall pay the Lessee a penalty in the amount of % for each day of delay, and for a delay of more than a day - an additional set-off penalty in the amount of % of the cost of the rent.
4.3. For late return of equipment or accessories constituent parts within the period specified by the order, the Lessee shall pay to the Lessor a penalty in the amount of % for each day of delay, and in case of delay of more than days - an additional set-off penalty in the amount of % of the cost of the equipment not returned on time.
4.4. If the equipment is not returned within days from the date of expiration of the term of use, the Lessee shall pay to the Lessor a multiple of the cost of this equipment.
4.5. When returning defective equipment damaged through the fault of the Lessee, which is confirmed by a bilateral act, he pays the Lessor the costs of its repair and a fine in the amount of % of the cost of the damaged equipment. If, upon returning the equipment, incompleteness is established, the Lessee shall reimburse the Lessor for the actual costs of purchasing the missing parts of the equipment and a fine in the amount of % of the cost of the missing parts.
4.6. For the transfer of equipment for use to other persons without the written permission of the Lessor, the Lessee shall pay the Lessor a fine in the amount of % of the cost of the equipment.
5. FORCE MAJOR
5.1. Neither party shall be liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.
5.2. The party that cannot perform its obligation must notify the other party of the impediment and its effect on the performance of obligations under the contract within a reasonable time.
6. FINAL PART
6.1. In all other respects not provided for by the terms of the contract, the parties are guided by the current legislation of the Russian Federation.
Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " landlord”, on the one hand, and in the person acting on the basis of , hereinafter referred to as “ Tenant”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. The Lessor undertakes to provide for temporary use, and the Lessee undertakes to accept, pay for the use and promptly return the technical equipment in good condition, taking into account normal wear and tear in accordance with the nomenclature attached to the contract and being its integral part, accompanied by technical documentation (hereinafter referred to as equipment). Products and income received by the Lessee as a result of the use of the leased equipment are the property of the Lessee.
1.2. At the time of the conclusion of the contract, the leased equipment belongs to the Lessor on the basis of ownership, which is confirmed from "" year, is not pledged or arrested, is not the subject of claims by third parties.
1.3. The leased equipment is in a normal condition that meets the requirements for such equipment in accordance with the purpose of the leased object.
1.4. Without the consent of the Lessor, the specified equipment cannot be subleased or used by the Lessee to other persons.
1.5. The lessor has the right to demand termination of the contract and compensation for damages in cases when he establishes the facts of using the equipment not in accordance with the terms of the lease agreement or its purpose.
1.6. The Lessor shall be liable for deficiencies in the equipment leased by him under the contract, which completely or partially prevent its use, despite the fact that when renting it out (or when concluding the contract), the Lessor might not have known about the presence of these deficiencies.
1.7. In cases of material violation by the Lessee of the procedure for paying the rent (payment terms) established by the agreement, the Lessor may require the Lessee to pay the rent ahead of schedule within the period established by the Lessor, but not more than two consecutive scheduled payment terms.
1.8. The parties have determined that the Tenant, who duly fulfilled its obligations under the agreement, ceteris paribus, enjoys the pre-emptive right to conclude a lease agreement for a new term after the expiration of this agreement.
1.9. The Agreement is considered concluded from the moment it is signed by the parties and the equipment is transferred to the Lessee under the acceptance certificate. The acceptance certificate indicates the accessories and spare parts of the equipment, keys, documents, etc.
2. PROCEDURE FOR THE PROVISION AND RETURN OF EQUIPMENT
2.1. The equipment is provided for a period of one year. The Lessee has the right to extend the lease term by , of which he is obliged to inform the Lessor no later than days before the end of the lease term.
2.2. The lessor is obliged to provide the equipment in good condition, complete, with checking of the devices and a mark on their compliance with the technical parameters.
2.3. The tenant allocates a representative to receive and return the equipment, who checks its good condition and completeness.
2.4. The Lessee's representative signs an obligation to return the equipment. The equipment is issued after the Lessor receives the Lessee's obligation to return the equipment and the paid invoice for the first quarter.
2.5. The Lessor is obliged to provide the Lessee with the necessary information, technical documentation, and, if necessary, send his specialist for training and familiarization with the rules for the technical operation of the equipment.
2.6. In case of failure of the equipment for reasons beyond the control of the Lessee, the Lessor is obliged to eliminate the breakdown or replace the failed item with a serviceable one within days. This case is certified by a bilateral act. For the time during which the Lessee was unable to use the equipment due to its failure, no rent is charged and the lease period is extended accordingly.
2.7. If the equipment is out of order due to improper operation or storage by the Lessee, the latter shall repair or replace it at its own expense.
2.8. The Lessee is obliged to remove the equipment from the Lessor's warehouse and return it on his own and at his own expense.
2.9. The Lessee is not entitled to transfer the leased equipment for sublease, for gratuitous use, to transfer its rights and obligations under the contract to third parties, to pledge lease rights.
2.10. The tenant has the right to return the equipment ahead of schedule. The Lessor is obliged to accept the equipment returned ahead of schedule and return to the Lessee the appropriate part of the received rent, calculating it from the day following the day of the actual return of the equipment.
2.11. The period of equipment being leased is calculated from the day following the date of receipt of receipt.
2.12. When returning the equipment, its completeness and technical inspection are checked in the presence of the Lessee. In case of incompleteness or malfunction, a bilateral act is drawn up, which serves as the basis for filing claims. If the Tenant refused to sign the act, a corresponding note is made in the act, which is drawn up with the participation of a competent representative of an independent organization.
3. CALCULATIONS
3.1. The amount of rent for equipment is rubles quarterly.
3.2. The Landlord issues an invoice to the Tenant, which the latter is obliged to pay within days.
4. SANCTIONS
4.1. For late payment of rent within the period established by the agreement, the Lessee shall pay to the Lessor a penalty in the amount of % of the amount of the debt for each day of delay.
4.2. For delay in the provision of equipment within the period specified in the order, the Lessor shall pay the Lessee a penalty in the amount of % for each day of delay, and for a delay of more than a day - an additional set-off penalty in the amount of % of the cost of the rent.
4.3. For the delay in the return of the equipment or the components included in the set within the period specified in the order, the Lessee shall pay to the Lessor a penalty in the amount of % for each day of delay, and in case of delay of more than a day, an additional set-off penalty in the amount of % of the cost of the equipment not returned on time.
4.4. If the equipment is not returned within days from the date of expiration of the term of use, the Lessee shall pay to the Lessor a multiple of the cost of this equipment.
4.5. When returning defective equipment damaged through the fault of the Lessee, which is confirmed by a bilateral act, he pays the Lessor the costs of its repair and a fine in the amount of % of the cost of the damaged equipment. If, upon returning the equipment, incompleteness is established, the Lessee shall reimburse the Lessor for the actual costs of purchasing the missing parts of the equipment and a fine in the amount of % of the cost of the missing parts.
4.6. For the transfer of equipment for use to other persons without the written permission of the Lessor, the Lessee shall pay the Lessor a fine in the amount of % of the cost of the equipment.
5. FORCE MAJOR
5.1. Neither party shall be liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.
5.2. The party that cannot perform its obligation must notify the other party of the impediment and its effect on the performance of obligations under the contract within a reasonable time.
6. FINAL PART
6.1. In all other respects not provided for by the terms of the contract, the parties are guided by the current legislation of the Russian Federation.
6.2. The contract is made in two copies, having the same legal effect, one copy for each party.
6.3. Attached to the agreement:
Refrigeration equipment lease agreement
№_______
Moscow city
"____" ____________ 201_
LLC "_____________", hereinafter referred to as the "Lessor", represented by ____________________________, acting on the basis of __________, on the one hand, and
LLC _____________________, hereinafter referred to as the "Lessee", represented by _____________________, acting on the basis of __________________, on the other hand, have entered into this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Landlord undertakes to transfer to the Tenant refrigeration equipment specified in the acceptance certificate (hereinafter referred to as "equipment"), which is an integral part of this contract.
1.2. The Lessee undertakes to accept the specified equipment for lease, keep it in good condition, bear all the costs of its maintenance, and use it only in accordance with the terms of this Agreement.
1.3. Equipment is provided to the Lessee for rent for the purpose of storage by the Lessee of frozen food products (hereinafter referred to as the "goods") purchased from the Lessor under the terms of the relevant supply agreement, for installation in the trading floors of the Lessee's stores.
1.4. The rental fee for the use of the equipment is included in the price of the goods intended for storage in the equipment and supplied on the basis of the relevant supply agreement.
2. TERMS OF TRANSFER
2.1. The transfer of equipment is carried out by the Lessor according to the acceptance certificate.
2.2. Delivery of the equipment is carried out by the Lessor's vehicles to the address specified in the acceptance certificate.
2.3. The equipment is accepted by the Lessee in good condition, which is confirmed by the signatures of both Parties in the acceptance certificate.
2.5. The Lessee undertakes to maintain the provided equipment in good condition, including the implementation of current and major repairs, bear all the costs of its maintenance and use it in accordance with the terms of the Agreement.
2.6. The Lessee undertakes to use the Lessor's equipment only for the storage of goods purchased from the Lessor.
2.7. The purpose of providing equipment for rent is to maintain and increase the volume of sales of goods.
2.8. An essential condition for the provision of equipment for rent is the implementation by the Lessee of the purchase of the Goods in the amount of at least ___________________ (_______________________________________ _______________) rubles within calendar month.
2.9. If the Buyer violates the terms of payment for the goods established by the relevant supply agreement by more than 10 (ten) calendar days, - The Lessor has the right to unilaterally terminate this agreement, and the Lessee is obliged to return the equipment to the Lessor according to the acceptance certificate within 3 calendar days from the date the Lessor submits a request for the return of the equipment.
3. RESPONSIBILITIES OF THE PARTIES
3.1. If the Lessor reveals the fact of repeated use of the equipment for purposes not provided for by this Agreement (including laying out goods of third parties in the equipment; goods of other trademarks), as well as in case of violation by the buyer of the essential terms of this Agreement (including the terms of clause 2.8. of this agreement), the Lessee is obliged to return the equipment to the Lessor within 5 days from the date of receipt of the corresponding request of the Lessor. The returned equipment must be handed over by the Lessee in good condition.
3.2. For damage to equipment, the Lessee shall compensate the Lessor for real damage.
4. TERMINATION OF THE AGREEMENT
4.1. The Agreement may be terminated at any time by agreement of the Parties, or unilaterally if one of the Parties fails to comply with the terms of this Agreement. In the event of unilateral termination of the Agreement, notice of termination shall be sent by registered mail with acknowledgment of receipt. AT this case The contract is considered terminated from the moment of receipt of the above notice.
4.3. Upon termination of this agreement unilaterally, the Lessee is obliged to return the equipment to the Lessor according to the acceptance certificate within 5 calendar days from the date the Lessor submits a request for the return of equipment
5. FORCE MAJEURE
5.1. None of the Parties shall be liable for full or partial failure to fulfill obligations if this failure occurred due to flood, fire, earthquake, war or hostilities, as well as other force majeure circumstances that arose after the signing of this Agreement.
6. ARBITRATION
6.1. All disputes and disagreements that may arise from this Agreement or in connection with it will, if possible, be resolved amicably.
6.2. If it is impossible to resolve disputes amicably, all disputes between the Parties are subject to consideration in the Moscow Arbitration Court.
6.3. In all other respects not provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
7. TERM OF THE CONTRACT
7.1. The Agreement comes into force from the moment of its signing by both Parties and is valid until "____" _______________ 201_.
7.2. If neither of the parties declares its termination 1 week before the expiration of this Agreement, the Agreement is automatically considered prolonged for the same period. The number of extensions is not limited.
7.3. The Agreement and the Acceptance Certificate, which is an integral part of the Agreement, are drawn up in two copies of equal legal force and are stored in one copy by each of the Parties.
8. ADDRESSES AND PAYMENT DETAILS OF THE PARTIES
Equipment lease agreement. Under an equipment lease agreement, the lessor undertakes to provide the lessee with property for a fee for temporary possession and use or for temporary use.
The fruits, products and incomes received by the tenant as a result of the use of the leased property in accordance with the contract are his property.
The equipment lease agreement must contain data that allow “definitely establishing” the property to be transferred to the lessee as an object of lease. In the absence of these data in the agreement, the condition on the object to be leased is considered not agreed by the parties, and the corresponding lease agreement is not considered concluded.
A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
The lease agreement is concluded for a period specified in the agreement.
If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period.
The landlord is obliged to provide the tenant with property in a condition that complies with the terms of the lease agreement and the purpose of the property.
If the lessor has not provided the lessee with the leased property within the period specified in the lease agreement, and in the event that such a period is not specified in the agreement, within a reasonable time, the lessee has the right to demand this property from him in accordance with "Article 398" Civil Code and demand compensation for damages caused by the delay in performance, or demand termination of the contract and compensation for damages caused by its non-performance.
Equipment lease agreement by an individual
Moscow "___" _________ 20__
Open Joint Stock Company "_____________________________", (abbreviated name of OJSC - "_______"), hereinafter referred to as the "Lessor", represented by CEO ______________, acting on the basis of the Charter, on the one hand, and ____________________, __________ year of birth, TIN - __________, passport ________________, issued _________, Department of Internal Affairs _____________ hereinafter referred to as the "Tenant", on the other hand, collectively referred to as the "Parties", have concluded this Agreement (hereinafter referred to as the “lease agreement”) on the following:
1. The Subject of the Agreement
1.1. The Lessor undertakes to provide the Lessee with the following equipment for temporary possession and use: _______________________________________, accompanied by all accessories and technical documentation ____________________ (technical passport, quality certificate, etc.), hereinafter referred to as the "Equipment".
1.2. The equipment will be used for its intended purpose.
1.3. The equipment is transferred in a condition suitable for its use in accordance with clause 1.2. lease agreement.
1.4. Maintenance and maintenance work is carried out by the Lessor independently within the time period agreed with the Lessee.
2. Obligations of the parties
2.1. The lessor is obliged:
2.1.1. Transfer the Equipment to the Lessee in a condition that meets the terms of the lease agreement within ________ days from the date of its signing under the acceptance certificate.
2.1.2. Provide advice and other assistance in order to effective use leased Equipment.
2.1.3. Carry out all other actions necessary for the execution of this lease agreement, provided for by law, the Agreement and additional agreements thereto.
2.1.4. The lessor is obliged at his own expense to produce overhaul Equipment specified in clause 1.1 of the lease agreement.
2.2. The tenant is obliged:
2.2.1. Use the property in accordance with the terms of the lease and its purpose. If the Lessee uses the Equipment not in accordance with the terms of the Agreement or its purpose, the Lessor has the right to demand termination of the Equipment Lease Agreement and compensation for losses.
2.2.2. Maintain the Equipment in good condition, carry out current repairs at its own expense.
2.2.3. Bear other expenses for the maintenance of the Equipment.
2.2.4. Pay the rent within the terms specified in the lease.
2.2.5. Return the Equipment to the Lessor after the termination of the Agreement under the act in the same condition in which it was transferred, taking into account normal wear and tear. If the Lessee did not return the rented Equipment or returned it untimely, the Lessor has the right to demand payment of the rent for the entire time of delay. In the event that the specified fee does not cover the losses caused to the Lessor, he may demand their compensation.
2.2.6. Carry out all other actions necessary for the execution of the lease agreement, provided for by law, this agreement and additional agreements thereto.
3. Calculations
3.1. The rent under this lease agreement is ____________ rubles per month, total, including taxes, is ________ rubles __ kopecks.
3.2. Payment under the Agreement is made on a monthly basis by paying the rent to the Lessor's cash desk or transferring it to the current account no later than the 10th day of each month following the reporting one.
3.3. Rent received in a smaller amount (part of the rent) may not be accepted by the Lessor.
4. Liability of the parties
4.1. The parties bear property liability for non-fulfillment or improper fulfillment of the terms of the lease agreement.
4.1.1. The Lessor shall be liable for defects in the leased property that completely or partially impede its use, even if he was not aware of these defects at the time of conclusion of the Agreement.
4.1.1.1. In case of detection of such shortcomings, the Tenant has the right, at his choice:
4.1.1.1.1 require the Lessor to either eliminate the deficiencies of the Equipment free of charge, or a commensurate reduction in the rent, or reimburse their expenses for the elimination of deficiencies in the property;
4.1.1.1.2. directly withhold the amount of expenses incurred by him to eliminate these shortcomings from the rent, having previously notified the Lessor about this;
4.1.1.1.3. demand early termination of the lease.
4.1.1.2. The Lessor, notified of the Lessee's requirements or his intention to eliminate the defects of the property at the expense of the Lessor, may immediately replace the property provided to the Lessee with other similar property in proper condition, or eliminate the defects of the property free of charge. If the satisfaction of the Lessee's claims or the deduction by him of the costs of eliminating deficiencies from the rent does not cover the losses caused to the Lessee, he has the right to demand compensation for the uncovered part of the losses.
4.1.2. The Lessor is not responsible for the defects of the leased Equipment that were specified by him at the conclusion of the lease agreement or were known to the Lessee in advance or should have been discovered by the Lessee during the inspection of the Equipment or checking its serviceability when concluding this agreement or transferring property for rent.
4.2. For each day of delay in payment of rent, a fine of 0.5% of the amount owed for each day of delay is charged.
4.3. In the event of a delay in paying the rent for more than one month, the Lessor has the right to terminate the Agreement and demand compensation for losses caused by this delay.
4.4. For the delay in the provision of the leased Equipment within the period established by the lease agreement, the Lessor shall pay the Lessee a penalty in the amount of 1% for each day of delay from the amount of the rent for the month.
4.5. For the delay in the return of the leased Equipment within the period established by the lease agreement, the Lessee pays the Lessor a penalty in the amount of 1% for each day of delay from the amount of the rent for the month.
4.6. When returning defective leased Equipment damaged through the fault of the Lessee, which is confirmed by a bilateral act, the Lessee shall pay the Lessor the repair costs and a fine in the amount of _______% of the cost of the damaged leased Equipment.
4.7. The payment of a penalty does not release the parties from the fulfillment of obligations or the elimination of violations.
5. Force majeure (force majeure)
5.1. The parties are released from liability for partial or complete non-fulfillment of obligations under this lease agreement, if the non-fulfillment was the result of natural phenomena, the actions of external objective factors and other force majeure circumstances for which the parties are not responsible and to prevent the adverse impact of which they are unable to.
6. Final provisions
6.1. The lease agreement is concluded in 2 copies of equal legal force, one copy for each Party.
6.2. Any agreement between the Parties, entailing new obligations that do not follow from the Agreement, must be confirmed by the Parties in the form additional agreements to this agreement. All changes and additions to the Agreement are considered valid if they are executed in writing and signed by the respective authorized representatives of the Parties.
6.3. A Party is not entitled to transfer its rights and obligations under the lease agreement to third parties without the prior written consent of the other Party.
6.4. References to a word or term in the Agreement in singular include references to that word or term in plural. References to a word or term in the plural include references to that word or term in the singular. This rule applicable, unless otherwise provided by the text of the equipment lease agreement.
6.5. The parties agree that, with the exception of information that, in accordance with the law Russian Federation may not constitute a commercial secret of a legal entity, the content of the Agreement, as well as all documents transferred by the Parties to each other in connection with the Agreement, are considered confidential and belong to the commercial secret of the Parties, which is not subject to disclosure without the written consent of the other Party.
6.6. For the purposes of convenience, in the lease agreement, the Parties are also understood to mean their authorized persons, as well as their possible assigns.
6.7. Notices and documents transmitted under this Agreement shall be sent in writing to the following addresses:
6.7.1. For the Lessor: ___________________________________.
6.7.2. For the Tenant: _____________________________________.
6.8. Any messages are valid from the date of delivery to the corresponding address for correspondence.
6.9. In the event of a change in the addresses specified in clause 6.7. of the lease agreement and other details of the legal entity of one of the Parties, it is obliged to notify the other Party within 10 (ten) calendar days, otherwise the fulfillment by the Party of obligations under the previous details will be considered the proper fulfillment of obligations under the equipment lease agreement.
6.10. The Parties agreed that disputes and disagreements that may arise between the Parties and arising from this Agreement or in connection with it, will be resolved through negotiations. If it is not possible through negotiations to reach an agreement on contentious issues within 15 (fifteen) calendar days from the receipt of a written claim, disputes are resolved in a Moscow court at the place of registration of the Customer (contractual jurisdiction) in accordance with the current legislation of the Russian Federation.
7. Legal addresses and bank details of the Parties
8. Signatures of the Parties
Landlord: ________________
Tenant: ___________________
The legal essence of rent and leasing
Under a lease agreement (regulated by Chapter 34 of the Civil Code of the Russian Federation), only individually defined items are allowed to be transferred, since it is the items transferred to the tenant that must then be returned to the lessor. The agreement on the provision of generic things is provided for by Art. 822 of the Civil Code of the Russian Federation and is called "commodity credit". Russian law allows you to include in the lease the conditions for the redemption of property, after which it becomes the property of the tenant.
In the field of equipment rental, a leasing agreement is in demand, to which paragraph 6 of the above chapter of the Civil Code of the Russian Federation and a specialized the federal law"On financial lease (leasing)" dated October 29, 1998 No. 164-FZ (as amended on December 31, 2014).
The peculiarity due to which the leasing agreement is singled out by the legislator within the lease agreement is that the landlord initially does not own the property that he will provide to the tenant. This property is acquired at the direction of the tenant from the seller named by him. Thus, in its own way economic effect leasing is close to a loan.
Equipment rental is the rental of movable property, which is usually intended for the production of any product, the provision of services or the conduct of specific activities (for example, commercial equipment). At the same time, the possession or lease of certain equipment may be prerequisite without which no work can be done. As a result, such an agreement is most often concluded between business structures.
Disputes between legal entities on the lease of production equipment
Analysis judicial practice allows you to prevent the occurrence of typical problems arising from insufficiently careful and thoughtful text of the lease agreement.
Among them:
- inconsistency of the subject of the contract;
- rent inconsistency.
An illustrative example in this area is the definition Supreme Court RF dated March 6, 2015 in case No. 307-ES15-238, A56-75480/2012. Using the excessive complexity of the terms of the contract, the plaintiff tried to prove their inconsistency (for example, the absence of identifying features individual items in the list of transferred equipment). However, according to the court, the actual transfer of the subject of the lease agreement confirmed the consistency of the terms and that the agreement was concluded.
For an equipment lease agreement, formal compliance writing less important than the actual agreement of the parties on the subject of the contract and the actions taken by them to transfer the equipment.
Here is another example from judicial practice - a decision Arbitration Court Northwestern District No. F07-9821/2013 dated April 10, 2015 in case No. A21-1901/2013. Here, the bankruptcy trustee tried to have the equipment lease agreement declared invalid due to the fact that the rent seemed to him too high. However, the court refused to satisfy the stated claim, relying on the fact that the amount of rent is freely established by the parties and is not limited by law in any way.
When assigning a rent, the parties must be guided by the existing economic situation rather than striving to meet any standards.
Equipment lease agreement with acceptance certificate
When concluding an equipment lease agreement, a number of recommendations should be followed:
- It is important to determine the subject of the contract and at the same time accurately name the equipment. It is advisable to indicate any identifying features that make it possible to guarantee the return of this particular item, and not some similar one. This is necessary in order to prevent the occurrence of disputes at the moment when the performance of obligations under the contract is completed.
- It is necessary to carefully plan the work and indicate in the contract such a lease term that will be observed by the parties. If the period is too long, the lessor will be paid when the equipment is no longer in use. This is disadvantageous for the tenant and can lead to litigation. At the same time, if the lease period is insufficient, the contract can be extended, and the tenant has a pre-emptive right to do so, but the landlord may require new conditions for the rent to be established.
- The actual transfer of equipment to the tenant must be formalized with an acceptance certificate, which will become the most important evidence of the validity of the contract in case of a dispute.
Supplementing the contract with an act of acceptance and transfer and an indication in the text of the contract that this act is its integral part, an annex to it is one of key features conclusion of a transaction for the lease of equipment.
Thus, in the equipment lease agreement, it is necessary to address Special attention on the exact description transferred individually-defined equipment and price negotiation, as well as an adequate rental period for the parties. A mandatory annex to such an agreement is an act of acceptance and transfer, confirming actual character relations of the parties.
