Standard contract for the supply of PVC windows

AGREEMENT

SUBJECT OF THE AGREEMENT

1.1.
The Contractor undertakes to ensure production and delivery, and the Buyer undertakes to accept and pay for the Goods in accordance with the Specification (Appendix No. 1 to the Agreement), which is an integral part of this Agreement. 1.2. The quantity, assortment, configuration and configuration of the Goods are determined in the Specification to the Agreement (Appendix No. 1 to the Agreement), which is an integral part of this Agreement.

1.3. At the Buyer's request, the Contractor also provides other services (dismantling, installation, finishing of slopes, etc.). The types, volumes and contractual cost of work performed by the Contractor are determined in the Application for installation (Appendix No. 2 to this Agreement).

1.4. The Contractor measures the window and door openings on the basis of which the Goods will be manufactured. The measurement results are recorded in the Specification to the Contract (Appendix No. 1) and signed by the Buyer.

RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

2.1. Transfer to the buyer the Goods, which must correspond to the selected sample, Specifications to the Contract (Appendix No. 1) to the address: . Telephone: .

2.2. Until the transfer of the Goods, ensure its safety.

The performer has the right

2.3. If it is impossible to fulfill your obligations in accordance with clauses 1.1,2.1,2.2, terminate the contract with the return to the Buyer of the amount paid by him and payment of compensation for the period from the moment of payment for the goods until the day the Buyer returns the amount paid by him, calculated in accordance with the refinancing rate of the Central Bank of the Russian Federation for return day.

2.4. In the case of performing work under clause 1.3 of this agreement, the Contractor independently determines the procedure and technology for performing the work in accordance with the requirements of regulatory documents: SNiPs, GOSTs, recommendations of PVC and aluminum manufacturers.

2.5. The Contractor has the right to involve third parties in performing work within the scope of this Agreement.

2.6. The contractor is considered to have fulfilled his obligations under the contract from the moment he signs the acceptance certificate for the work performed.

RIGHTS AND OBLIGATIONS OF THE BUYER

The buyer has the right

3.1. Receive for review information about the Contractor that is not a trade secret.

3.2. Make changes to the configuration and configuration of the Goods on the day of execution of the contract within hours on the basis of an addendum to the contract, which is signed by the Parties.

3.3. From the moment of measurement, do not take actions that could lead to changes in the dimensions and (or) configuration of the openings for which the Product will be manufactured.

3.4. Provide the Contractor with the opportunity to transfer the goods: presence at the specified address on the day of delivery of the buyer himself or his authorized representative, preparation of premises for warehousing and storage of the Goods, acceptance of the goods on the day specified in clause 4.1 of this Agreement.

3.5. Upon receipt of the Goods, check its appearance, configuration, quantity or assortment and sign the invoice (delivery certificate). In case of any complaints regarding appearance, completeness, quantity and assortment, indicate all complaints in the invoice or in the delivery certificate. Otherwise, claims will not be accepted.

3.6. When performing other services (clause 1.3 of the Agreement), the Buyer is obliged to ensure the possibility of performing work under this Agreement:

be located at the installation address of the PVC (aluminum) Product;
provide free access to the site of installation of PVC (aluminum) Products;
provide the work site with electricity;
take measures to protect the interior decoration of the premises from contamination and minor damage that may be caused by actions usual for such work.

3.7. The Buyer or his authorized representative is obliged to sign the Work Acceptance Certificate (Appendix No. 4 to the Contract) upon completion of the work under the Contract. If there are any comments on the work performed, the Buyer indicates them in the appropriate paragraph of the Work Acceptance Certificate.

TURNAROUND TIME

4.1. The Contractor delivers the Goods to the Buyer " " 2020, subject to payment of the cost under the Agreement in accordance with the terms of section 5. If the Buyer is unable to accept the goods on the specified day, he is obliged to notify the Contractor the day before no later than hours, otherwise, delivery will be made at the Buyer’s expense .

4.2. The deadline for construction, installation and finishing work is business days from the day following the day of delivery.

4.3. In the event of suspension of work under this Agreement at the request of the Buyer or due to unfavorable weather conditions (air temperature below -15 C, strong wind, etc.), as well as failure by the Buyer to fulfill the obligations provided for in clause 3.6 and clause 5.3 of this Agreement , the period for completing the work is increased by the time the work is suspended or by the time the Buyer fails to fulfill its obligations.

4.4. If the finished Goods do not match the dimensions of the existing window opening identified during the dismantling process, the Contractor has the right to increase the period of work under the contract by working days.

PAYMENT PROCEDURE

5.1. At the time of conclusion of this agreement, the cost of the Goods corresponds to rubles, including VAT.

5.2. The Buyer makes an advance payment for the Goods on the day of conclusion of the Agreement in the amount of % of the value of the Agreement, which is rubles, including VAT.

5.3. The remaining amount in the amount of rubles is paid upon delivery of the Goods to the Buyer, before the start of construction, installation and finishing work.

5.4. Payment procedure: cash - to the Contractor's cash desk or non-cash - to the Contractor's bank account within days from the date of invoice.

5.5. The fact of payment is the receipt of funds at the cash desk or to the account of the Contractor. The Buyer, in the case of a non-cash form of payment, must confirm the payment made for the Goods within banking days from the date of payment by a message indicating the date and number of the payment document, or by providing the Contractor by fax or postal copy of the payment order with the bank’s mark on execution.

5.6. If it becomes necessary to carry out additional work agreed upon by the parties that is not provided for in this agreement, the Buyer must pay for this work.

DELIVERY AND RECEIPT OF GOODS

6.1. The Contractor undertakes to deliver the Goods to the Buyer at the specified address within the time period agreed upon by the Parties. The transfer of the Goods is carried out by handing them over to the Buyer who presented the original of this agreement, or by handing over the Goods to any other person who presented the Agreement.

6.2. If the delivery of the Goods does not take place within the time period agreed upon by the parties due to the absence of the buyer or his authorized representative, the Contractor shall deliver and transfer within other terms also agreed upon by the parties, and the buyer shall pay the Contractor compensation for re-delivery in the amount of rubles.

Items that must be included in the contract

The offices of responsible manufacturing companies always have samples of a universal contract that you can read before purchasing windows. The customer needs to make sure that the following items are available:

compliance of window characteristics with currently valid GOST standards;
a list of components, supplemented by information about the dimensions of all structural elements, the brand of fittings and profiles, as well as the dimensions and materials of manufacture of window sills, ebbs, mosquito nets and slopes;
delivery date and obligation to bring the windows to the desired floor;
timing of installation of window or door units (if additional components are ordered, they must also be included in this paragraph);
terms of payment by the customer for goods and additional services (if stage-by-stage payment of funds is provided, this nuance must be displayed indicating the amounts);
warranty periods for products with a specific indication of all situations in the event of which the manufacturer undertakes to eliminate the problems at its own expense.

The items indicating the delivery and installation dates must contain information about the company’s responsibility in the event that the deadlines were missed due to its fault.

The agreement concluded should be called a “contract” or “purchase and sale” agreement. If the customer does not intend to carry out the installation on his own, then it is recommended to conclude a contract, since such a document protects the buyer much better and additionally guarantees:

compliance with delivery and installation deadlines;
the quality of not only window and door units, but also their installation;
inadmissibility of imposing additional services that are not mentioned in the contract.

A household contract is regulated by both the Civil Code of the Russian Federation and the Law on the Protection of Consumer Rights; it is much more effective. Such a document regulates in more detail for customers and performers their rights and obligations. The purchase and sale agreement for PVC windows can be supplemented with these above listed items.

The title of a document in itself does not guarantee anything. An agreement is only most effective when it is drawn up in accordance with all the rules. In order to avoid wasting time on proceedings in the event of a warranty claim, it is recommended to make sure of this when signing the document. In addition to the previously listed items, it includes:

Details of the buyer and seller.
Date and place of conclusion of the contract.
The name of the company indicated on the organization's seal and in the title of the document.

An agreement with the most specific listing of all points must be in printed form and signed in duplicate by the contractor and the customer. It is optimal if, at the conclusion of the contract, the client is familiarized with certificates of compliance of windows with quality standards. In Russia, manufacturers undergo this procedure on a voluntary basis, so this item cannot be considered mandatory. However, all responsible and reputable companies try to obtain certificates and proudly present them to their clients.

A correctly completed contract for the purchase and installation of windows can most effectively protect the interests of the buyer. In addition to focusing on the main points, when drawing up a contract, additional nuances should be taken into account:

information about discounts and bonuses must be displayed in the document, since verbal promises of managers have no legal force;

the presence in the contract of information about the absence of damage to the structures after their transportation (this clause is relevant if the company is engaged exclusively in the manufacture and delivery of windows, because then it will be extremely problematic to prove the origin of the defects);

listing the contractor’s obligations to provide the customer with additional services: dismantling old structures, garbage removal, installation of slopes, post-warranty service, and so on.

The customer has the right to add his own points to the document. He may ask you to do this during the registration process. Typically this information is added at the end of the contract in the form of notes.

There are several important organizational nuances that do not seem to be directly related to the quality of windows, but they should be mentioned in the documents. If this is not done, if controversial situations arise, the performer will be able to interpret everything in his favor. To avoid misunderstandings, it is recommended to clarify in writing the payment procedure, rules for operating windows, installation features and the amount of the penalty in case of failure to meet deadlines.

We invite you to familiarize yourself with: Agreement on full financial responsibility of the cashier, rules for drawing up

Deadlines

When entering deadlines, you need to make sure that the document does not contain only one generalized date that is not tied to specific events. A correct contract should contain information about the start and end dates of work. In addition, the amount of compensation to the customer for each day of possible delay is fundamentally important.

Companies insure themselves and indicate symbolic amounts at this point. If the penalty for 1 day of delay is below 3%, the manufacturer ignores the Consumer Protection Law, which recommends exactly this amount of compensation. After all, serious penalties for the contractor provide an excellent incentive to fulfill his obligations to the client on time. It turns out that 3% compensation is an additional guarantee of meeting deadlines.

Payment order

When money is paid in installments, the contract must indicate the amount of the advance payment. The down payment amount cannot exceed 70%. These funds are quite enough for the manufacturer to compensate all its costs. Insistent demands for full payment should raise red flags, since the buyer has already confirmed the seriousness of his intentions by paying 2/3 of the cost.

Article 29 of the Law on the Protection of Consumer Rights contains a requirement to provide the buyer with full information on the correct operation of door or window units. If the manufacturer has not done this, he will be obliged to pay compensation in the event of breakdown of the structures, which occurs within 10 years from the date of their installation.

About 80% of problems with windows occur due to poor-quality installation. Errors made during installation provoke depressurization, condensation, distortions, incorrect operation of fittings, and even cracking of double-glazed windows. When installation is ordered, a guarantee of its quality in the contract is a prerequisite. Only in this case will the buyer be able to file a claim if something happens to the windows. How to compose correctly

, read the special article on OknaTrade.

A self-respecting company has a contract for the installation of plastic windows - an example of the ability to competently avoid a conflict of interest between the buyer and the seller. This document contains all the necessary points; it can instill a sense of confidence in the customer and push him to conclude a deal. Therefore, manufacturers who are confident in the quality of their products and the level of services provided are willing to demonstrate to customers that they actually care about their interests and comply with the Consumer Protection Law.

Download window contracts

In this section you will find an agreement with the client, appendices to it, as well as essential conditions and clauses that are important to pay attention to in order to avoid litigation in the future.

ATTENTION! The essential elements of the contract with the client are:

For your safety, the contract with the client should include:

Note! The customer must be warned about all the negative consequences that may occur in his particular case, i.e. there must be a blank field where the contractor writes down all the negative aspects that the customer can later use, both to terminate and to challenge this contract.

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Sample form of contract for the installation of PVC structures (windows, doors) (prepared by experts)

GUARANTEE:

This form has been developed in accordance with the provisions of Sec. 37 Civil Code of the Russian Federation.

Contract for installation of PVC structures (windows, doors)

[place of conclusion of the contract]

[ day month Year ]

[Full name of the customer], hereinafter referred to as “Customer”, on the one hand and [full name of the legal entity], represented by [position, full name], acting on the basis of [name of document confirming authority ], hereinafter referred to as the “Contractor” on the other hand, and collectively referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The Contractor undertakes, on the Customer’s instructions, to carry out with its own resources a set of works for the manufacture, delivery and installation of [windows and/or doors] made of PVC (hereinafter referred to as PVC structures) at the facility located at the address: [enter the required one] (hereinafter referred to as the facility), and deliver the result of the work to the Customer, and the Customer undertakes to accept the results of the work and pay the price agreed upon in this contract.

1.2. All materials, equipment, components and machinery necessary for the installation and manufacture of PVC structures are provided by the Contractor.

The Contractor guarantees that all materials and components used in the products have the appropriate certificates and permits.

1.3. The Contractor installs windows/doors from the profile of the company [name] at the Customer’s site.

The specific composition and scope of work, as well as the quantity, assortment, and completeness of the installed PVC structures are determined by the Parties in the invoice.

1.4. The Contractor guarantees that the quality of PVC structures and their installation work meets the requirements usually applied to these types of goods, current GOSTs, and legal requirements.

2. Work completion time

2.1. The start date of work under this agreement is determined by the date of signing this agreement.

2.2. The work must be completed by [date, month, year].

The work is considered completed after the Parties sign the Work Completion Certificate (Appendix No. 1).

3. Rights and obligations of the parties

3.1. The Contractor undertakes:

3.1.1. Carry out the manufacture, delivery and installation of PVC structures in accordance with the terms of this agreement.

3.1.2. If it is necessary to install PVC structures, dismantle the old structures.

3.1.3. Collect and remove construction waste.

The removal of dismantled structures is carried out by the Customer.

3.1.4. When signing the work completion certificate, provide the Customer with the following documentation for the structure: [enter as required].

3.1.5. Immediately notify the Customer and, before receiving his instructions, suspend work if possible adverse consequences for the Customer are discovered of following his instructions on the method of performing the work or other circumstances beyond the control of the Contractor that threaten the suitability or strength of the results of the work performed or make it impossible to complete it on time.

3.1.6. Timely eliminate shortcomings and defects identified during acceptance of work and during the warranty period.

3.1.7. Provide measures to prevent damage causing any damage to the Customer’s property.

3.2. The customer undertakes:

3.2.1. Make payment for work performed in the manner and within the time limits established by this agreement.

3.2.2. Provide the Contractor with the necessary conditions for performing the work (obtaining, if necessary, all permits and approvals, ensuring access for the Contractor's workers to the installation site of the products, providing lighting for the work site, ensuring the connection of the Contractor's tools to the electrical network, etc.).

3.2.3. On the days of delivery and installation of structures, at the time agreed upon by the parties, ensure the presence of your representative.

In the absence of the Customer's representative at the site, the Contractor sets a new date and time for delivery and installation. Re-delivery of structures and departure of the Contractor's workers are paid by the Customer separately in accordance with the Contractor's price list.

3.2.4. With the participation of the Contractor, inspect and accept the work performed (its result), and if deviations from this agreement are discovered that worsen the result of the work, or other shortcomings in the work, immediately notify the Contractor.

3.2.5. Compensate the Contractor for losses caused by termination of this contract, within the difference between the price determined for the entire work and the part of the price paid for the work performed.

4. Contract price and payment procedure

4.1. The price of this agreement is [amount in figures and words] rub.

4.2. The contract price includes the cost of production, delivery and installation of PVC products at the site and compensation for the Contractor's costs.

Contract for the supply of windows in 2022 - sample of PVC without installation, with installation, plastic

In this case, the deadlines for completing work under this Agreement are postponed in proportion to the duration of the above-mentioned force majeure circumstances, if they affected the timely execution of the Agreement. 7. DURATION OF THE AGREEMENT 7.1.

This Agreement comes into force from the moment it is signed and is valid until the Agreement is executed by both parties. 7.2. The Contractor guarantees to the Customer that installation work will be completed with proper quality for a period of months. 8. ADDITIONAL CONDITIONS 8.1.

The property liability of the parties is regulated in accordance with the current legislation of the Russian Federation. All disputes and disagreements that may arise between the parties are resolved by contract.

The Contractor is responsible for the inadequate quality of the materials provided by him, as well as for the provision of materials burdened with the rights of third parties, in the manner prescribed by the current legislation of the Russian Federation. 6.2.

In case of non-fulfillment or improper fulfillment by the Contractor of its obligations for the timely execution of the Agreement, it is obliged to pay the latter a penalty (penalty) in the amount of 0.1% of the value of the Agreement for each day of delay. 6.3. This agreement may be amended or supplemented by agreement of the parties.

All changes and additions to this agreement are signed by both parties and are its integral parts.

6.4. This agreement may be terminated early on other grounds provided for by the current legislation of the Russian Federation. 6.5.

In modern life, every citizen must constantly obtain information and have a certain amount of knowledge that will help him carry out civil relations without problems.

Concluding contracts is an integral part of the knowledge necessary to obtain the desired result, and skillful drafting can guarantee the security of the transaction.

The topic of windows is relevant, since many people want to both order and install, but in most cases, clients have difficulties in completing the transaction and have many questions.

General points

According to this delivery agreement, the contractor undertakes to fulfill the order, deliver it to its destination, dismantle the old ones, and install new windows.

And the customer undertakes to accept the order and the installation work associated with it, as well as pay for the goods and services, in accordance with the terms of the contract.

Sometimes this process is concluded in two contracts, one for the order and supply of windows, and the other for installation work, but a more universal option would be to include all the details in a single deal.

Required terms

An agreement is a document that proves the legality of a certain transaction. There are these types of contracts:

Supplies.
Rentals.
Contract.

If we talk about the delivery agreement, it is intended to receive the goods according to its order.

The contract involves two parties, the customer and the contractor, and only an entrepreneur or other legal entity can buy goods under such an agreement. a person who wishes to use the purchase to conduct business.

The nuance of such an agreement is the condition of its purpose, which implies use for non-domestic purposes.

This is what distinguishes a delivery from a standard purchase and sale agreement, since absolutely any person can be its participants.

Moreover, delivery involves not only the purchase of goods, but also delivery and other possible services that can be specified in the contract when drawing up.

We invite you to read: Who should enter into liability agreements?

Most often, such agreements are concluded for ordering goods and their further resale. However, in our case, the supply of windows will not involve sale, but the need to purchase and install windows according to the buyer’s personal order.

This agreement must be concluded in writing, and may contain annexes in the form of specifications and the provision of related services.

What is his role

Each buyer, when ordering, wants to indicate his preferences, terms of delivery, payment, and other nuances.

And the seller (performer) wants to fulfill the terms of the contract and receive remuneration for the work and goods.

In this case, the drafting of the contract plays an important role, and by concluding a written agreement, the parties can stipulate their desires for the transaction.

The agreement regulates the relationship and provides a guarantee to both parties, and if one of the parties does not fulfill its obligations, the agreement can specify what actions should be taken.

Also, the parties may indicate in what situations the contract can be terminated.

And for the performer, this is a chance to earn extra money and understand what exactly his client wants. This agreement may include several components:

Type of plastic windows, parameters, price and quantity.
Terms and conditions for delivery of goods.
Possibility of ordering the service of dismantling old windows with the help of specialists from the contractor’s company.
Installation of new windows, installation work.

The main article is Article 506 of the Civil Code of the Russian Federation, which regulates the supply of goods, and talks about the peculiarities of concluding such a transaction, as well as the parties to the agreement.

Article 507	Regulates possible controversial situations that arise between the parties after the conclusion of the transaction
508-524 articles	They regulate each of the components of the contract - terms of delivery, payment, failure to fulfill obligations, termination, coverage of losses, quality of goods and many other situations that may arise between the parties when concluding a transaction.

With the help of these articles of the Civil Code of the Russian Federation, each party can refer to current regulations and defend their rights.

Correctly indicate the parties to the contract	According to the names of organizations and individuals
Duties of the parties	Specifying the purpose of the transaction, its price, the quantity of goods in the order, its quality and prices
Condemn and draw up points of responsibility of the parties	For your obligations under the contract
Make a list of attached documents	On the basis of which the customer will be able to check the compliance of the order, and the contractor will be able to manufacture, deliver and perform related services before checking and accepting the buyer’s order

Let's assume a situation where the buyer has already decided where he will order windows, and has decided on measurements, parameters, profiles, and other nuances.

What is his role

Advice

On the part of the customer, the role of the contract is to guarantee his choice of goods, compliance with quality, possibility of receipt at the specified location, and verification.

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ATTENTION! The essential elements of the contract with the client are:

For your safety, the contract with the client should include: