Online stores quite often send goods to customers by Russian Post. This delivery method in many cases has no alternatives. However, working with Russian Post raises a huge number of questions. Lawyers of the agency answered the most frequent of them.
– How to work with Russian Post? Is it necessary to conclude a contract, and what to indicate in it?
Russian Post, despite its status as a federal state enterprise, is the same counterparty for the online store as other legal entities. Therefore, starting work with it, in order to reduce risks, one should conclude contract for the provision of communication services
Online stores that use Russian Post delivery should protect themselves as much as possible from consumer claims for quality and delivery time. For this it shouldindicate in the contract with the "Post":
- the procedure for receiving goods for delivery (including the procedure for packaging, preparation of accompanying documentation);
- terms of delivery of goods;
- responsibility of Russian Post for the safety of goods;
- the procedure for receiving payment from customers and the timing of the transfer of funds to the online store;
- the cost of Russian Post services;
- the reporting procedure of Russian Post to the online store.
A standard contract form is posted on the Russian Post website. But we recommend that you agree on an individual contract that takes into account exactly your needs.
The practice when online stores do not conclude a contract and send goods on behalf of individual, has many risks.
1) With this approach, there will be problems with accounting, as the documents will be issued to the wrong person.
2) If you conduct remote trading on behalf of an LLC (IP), and send goods on behalf of an individual, then in the event of a dispute, it will be difficult for you to prove the proper fulfillment of obligations to the buyer.
3) In case of violation by Russian Post of the deadlines for sending, it will be very difficult to achieve payment of a penalty.
Note! According to the Rules for the provision of postal services (clause 57), a penalty for violation of the delivery time is paid only if the items are not related to business activities. If you are a legal entity or individual entrepreneur, then the penalty should be determined precisely by your agreement with the Post. However, many online stores operate without concluding an agreement with the Post, sending their parcels as individuals. As a result, the post office may refuse to pay the penalty, referring to clause 57 of the Rules, and from a legal point of view it will be right.
- Who is responsible to the consumer for violation of the delivery time, the safety of the goods?
The Consumer Rights Protection Law establishes severe sanctions for violation of the seller's obligations (including delivery times specified in the public offer).
Some online stores are trying to get out of the situation, indicating that the right to the goods is transferred to the buyer from the moment the goods are sent by Russian Post, and not the seller, but the carrier, bears further responsibility.
This approach is certainly reasonable, but the following should be borne in mind.
In accordance with clause 22 of the Distance Selling Rules, if the contract is concluded with the condition of delivery of goods to the buyer, the seller is obliged deliver the goods to the place indicated by the buyer within the time period established by the contract, and if the place of delivery of the goods by the buyer is not indicated, then to the place of his residence. Thus, the law places such responsibility on the seller, and not on his counterparty (even if it is Russian Post). And if the case goes to court, there is every reason to believe that it is the online store that will be held liable.
However, if you have signed an agreement with the Russian Post, and it stipulates the delivery time and responsibility for their violation, then you can then file a recourse claim against the counterparty (Post), recovering from him all fines and penalties.
– What is the correct order for sending goods? Do we need to pack them according to special requirements?
One of the most common shipping methods is cash on delivery. In this case, the order of sending is as follows:
- You pack the goods properly. Russian Post imposes strict requirements for the packaging of parcels that online stores are forced to comply with.
- You send the parcel through the post office or through the sorting center.
- "Post of Russia" receives the parcel and transports it to the post office at the specified address.
- After the parcel arrives at the local post office, a notification is sent to the recipient.
- The buyer comes to the post office, pays and picks up the order.
- The online store receives money.
-What documents should the online store send to the buyer along with the package?
- As with any other type of delivery, you must provide the buyer with information about the product and the procedure for returning it, in accordance with the law "On the Protection of Consumer Rights".
- Clause 20 of the Sales Rules establishes that when the buyer pays for goods in a non-cash form or when selling goods on credit (except for payment using bank payment cards), the seller is obliged to confirm the transfer of goods by drawing up an invoice or an act of delivery and acceptance of goods.
Thus, in the situation under consideration the transfer of goods to the buyer can be issued as an invoice, and an act of delivery -goods acceptance.
The forms of these documents are developed by the organization independently (Federal Law of December 6, 2011 N 402-FZ "On Accounting"). But they must contain all the details named in Law N 402-FZ.
These details include: the name and date of the document; the name of the economic entity (legal entity or individual entrepreneur), the content of the transaction, the title of the position of the person who made the transaction and (or) responsible for the correctness of its execution, the signatures of these persons indicating their surnames and initials or other details necessary to identify these persons.
In the case of sending goods by mail, documents confirming the dispatch of the goods themselves will be considered as an invoice or act of acceptance.
The tax authorities recognize as such documents postal invoices in the form 103 with a mail mark about sending and mail notification about the delivery of the parcel to the addressee. However, if you have many clients, then collecting these documents is extremely difficult.
Judicial practice recognizes as such documents:
- register (list) of sending valuable parcels and / or parcels, indicating in it the client's data (full name and address);
- A 14-digit postal identifier assigned to a postal item (packet or package) and reflected on the postal invoice in form 103. It confirms both the fact of the conclusion of the contract and the fact of its execution by the seller, and also indicates the occurrence of payment obligations from the buyer.
At the same time, obligations under the concluded remote purchase and sale agreement are considered fulfilled by the seller from the moment the goods ordered by the buyer are sent by mail. Therefore, the primary document confirming the sale of the goods (TC RF) and the obligation of the buyer (client) to pay for it will be the postal invoice for sending the goods and / or the list of sending valuable parcels, which reflects the 14-digit number of the postal identifier, related to the postal invoice, F.I.Oh. and the address of the client - the recipient of the order.
Note! Sometimes online stores put an envelope and a waybill in the package so that the buyer can sign it and send it back to the seller. But, as a rule, buyers ignore the need to send, and there is no need for such a document.
Note! We recommend posting on the site (including in a public offer) information on how the buyer can properly accept the goods and check its completeness. If the buyer does not declare, upon receipt of the parcel, right at the place of claims about the incompleteness of the goods, then he will practically not be able to prove that he was delivered the wrong product or in the wrong configuration. It is worth indicating in the public offer in which case and upon presentation of which documents you accept claims for incompleteness of goods received by mail.
note! With cash on delivery, you do not have the obligation to issue a cash receipt to the buyer. In accordance with paragraph 1 of Art. 2 of Law N 54-FZ, CCP is applied on the territory of the Russian Federation without fail by all organizations and individual entrepreneurs when they carry out cash settlements and (or) settlements using payment cards in cases of sale of goods, performance of works or provision of services. Article 5 of Law N 54-FZ establishes that the organization is obliged to issue cash receipts printed by cash registers to customers at the time of payment when making cash payments and (or) settlements using payment cards. Cash on delivery does not fall under these definitions.
– How to get money for delivered goods from the Russian Post?
You can use several ways:
- Receipt of prepayment (partial prepayment) to the current account or using electronic means payment;
- Cash on delivery (when the buyer pays for the goods upon receipt at the Russian Post office). Subsequently, the funds are transferred to your current account in accordance with the agreement concluded with the Russian Post.
The customer wants to return the item. How do I get it done and get my money back?
In 2016, the Russian Post offers legal entities to conclude a corporate service agreement. The benefits of working under this agreement are obvious:
- it is possible to pick up, as well as leave orders for the delivery of letters and other postal parcels to the office of the enterprise or vice versa from the office;
- stands out certain time and a special place to hand over mail;
- if necessary, operators select a successful package of services that will be the most profitable for the organization;
- a legal entity has the right to choose how to pay for services provided by Russian Post - in cash or non-cash forms of payment.
Features of drawing up an agreement with the Russian Post
The Russian Post primarily works with a legal entity, although it also serves individual entrepreneurs. The contract is concluded only upon sending the application described in writing. All possible types of contracts can be studied on the official website offered by the Russian Post.
To qualify for an agreement with the Russian Post, a legal entity needs to collect the following list of documents:
- papers that deal with the powers of the person who puts his signature under the name of the counterparty;
- photocopies of the counterparty's licensing documents, unless, of course, special licenses are needed for the operation of the enterprise;
- photocopies of constituent papers - this may be the charter of the organization or the constituent agreement;
- a photocopy of the certificate of the Federal Tax Service of the Russian Federation, according to which it becomes clear that the object is registered with the tax office.
As for individual entrepreneurial activity, such an agreement, in comparison with a legal entity, is drawn up according to a different list of papers:
- A photocopy of the state registration certificate.
- A photocopy of the certificate of the Federal Tax Service of the Russian Federation, which indicates that the object is registered with the tax office.
- A photocopy of the passport of an individual who is an entrepreneur. In case of theft of a passport or its unintentional loss in the territorial police department, you need to take a temporary certificate, which indicates the same data as in the passport.
- A photocopy of the power of attorney, if the person fixing his consent at the end of the contract acts on behalf of another individual. The power of attorney must be certified by a notary, otherwise the paper remains invalid by law.
- Statement with a list of open accounts.
- An extract from the Unified State Register of Individual Entrepreneurship of a client who applied to the Russian Post.
Why is it profitable for a legal entity to draw up an agreement with the Russian Post
The service offered by the Russian Post as part of the 3-in-1 Comprehensive Service helps legal entities cope with the following tasks:
- improves the quality of service for legal clients;
- speeds up the delivery process;
- unloads the employment of postal workers in the branches of the Russian Post;
- at times reduces the accumulation of people in post offices;
- handles the incoming mail flow in the best possible way.
To date, the Russian Post offers its services to more than 100,000 regular customers, in this case we are talking only about legal entities Oh. Companies no longer have to worry about standing in long lines to send important business letters, all this is done by Russian Post employees. Also, right from the office, they will pick up any parcels, fill out the necessary forms, papers and independently fix postage signs for shipment across the country.
An agreement concluded with a legal entity is beneficial for the organization due to the fact that now its employees have the opportunity to:
- Save time on dialogue with the courier service.
- Continue to send the desired amount of correspondence.
What documents does the Russian Post process under the new service agreement?
- Card movement.
- Distribution of letters.
- Sending parcels.
- Departure "first class".
- Sending "multi-envelopes".
All these manipulations are carried out in relation to both domestic and international shipments.
Additional characteristics of the service
It is up to legal entities to choose the most convenient service format, for example, an agreement valid for one month, with a designated schedule for the arrival of a Russian Post employee at the company's office up to several times a week. It can also be a one-time assistance of a courier employee who came to the office on a request left over the phone.
If the client is large and significant, the contract is signed taking into account the weekly constant sending of a sufficient amount of correspondence, this is beneficial for the organization if the management:
- does not want to spend money on hiring additional staff, paying for vehicles;
- refuses to bear temporary losses regarding the correct completion of postal forms.
Russian Post offers special conditions for corporate clients - they can be both legal entities and individual entrepreneurs.
Advantages of the "corporate client" of the Russian Post:
- convenient time and place postal items
- favorable rates
- great experience with international shipments
- non-cash form of payment for services.
To conclude a contract, you need to provide documents.
For a legal entity:
- copies of constituent documents (charter, founding agreement, memorandum of association)
- a copy of the certificate of making an entry in the Unified State Register of Legal Entities; certificate of state registration of changes made to the constituent documents of a legal entity
- a copy of the extract from the Unified State Register of Legal Entities, issued no earlier than 6 months before the expected date of conclusion of the contract
- a copy of the certificate of registration with the tax authority
- a copy of documents confirming the powers of the sole executive body (decision of the founder / shareholder, minutes of the general meeting of shareholders / participants, Order of appointment)
- a power of attorney (in the event that on the part of the counterparty the contract will be signed by a person who is not the sole executive body), and if the power of attorney was issued in the order of substitution, the power of attorney of the person who issued the power of attorney in such a manner.
- a copy of the counterparty's license, if the activity carried out under the contract is subject to licensing.
The copies provided must be certified by a notary or the authority that issued the document. In the absence of properly certified documents and the urgent need to conclude an agreement, it is permissible to provide copies certified by the signature of the person who is the counterparty's executive body and the counterparty's seal, with the exception of an extract from the Unified State Register of Legal Entities, as well as a power of attorney.
For an individual entrepreneur:
- a copy of all pages of the passport or other document of an individual entrepreneur replacing it.
- a copy of the certificate of registration as an individual entrepreneur (IP OGRN).
- a copy of an extract from the USRIP, issued no earlier than 6 months before the expected date of conclusion of the contract.
- a copy of the certificate of registration with the tax authority.
- power of attorney, if the person signing the contract acts under a power of attorney.
- a copy of the certificate of open accounts (to certify the current account opened with the bank, registered on the IP).
Copies of documents must be certified by a notary or the authority that issued the document. In the absence of duly certified documents and the urgent need to conclude an agreement, you can provide copies certified by the signature and seal of an individual entrepreneur, with the exception of an extract from the USRIP.
Today the main growth e-commerce market in Russia comes at the expense of the regions. 30% of online store traffic is generated by the regions, and this share is growing every year. As a result, before each online store that appeared on a certain level development and coverage, the question inevitably arises of how and with the help of which operators to carry out delivery. Russian Post still does not have worthy competitor on coverage, but stores often refuse to work with it. There are many reasons: multi-stage pre-postal preparation, which involves the maintenance of a special person in the staff of the store who deals with this, the difficulty of controlling the movement of the parcel, additional load on the call center, a large number of returns. The Village asked an expert to tell you how you can deal with some typical problems when working with Russian Post.
Julia Avdeeva
express delivery specialist
"Idea Logic"
Choose the right branch
The first thing you should do is choose a convenient post office (POS). Here you should pay attention to several factors, which then greatly simplify your life. First, see if there are many employees in this department. The more windows open, the better. Secondly, it is important that this department has a separate window for working with corporate clients, as well as a dedicated window for the delivery of parcels. The worst option is when the payment for services, the delivery of parcels, and the sending of letters take place in one window. Thirdly, pay attention to how friendly the team is in this place, whether it will be possible to negotiate with them. Finding a Post office employee loyal to your company is already half the battle.
In branches located on the outskirts, the queue is usually shorter than in the central ones. Postal logistics in Moscow is well established, parcels from all branches are picked up every day. Then they go to the sorting center. Large online stores and companies that have the status of a federal client skip the first stage and have the right to choose an OPS adjacent to sorting center. If an online store decides to transfer the delivery functions to a company with federal status, this can save one or two days.
Get used to independence
The next stage is the conclusion of an agreement with the Federal State Unitary Enterprise Russian Post. This can be done both in the post office itself and in the main office. There is a standard contract for the provision of postal services and it is not worth counting on any changes for an ordinary online store. At the same time, each contract goes through several stages of internal approvals, and this process can be delayed. There is only one advice - and it is suitable for any situation: you need to constantly remind yourself of yourself.
You should not expect that the "Mail" will "run" after you, it is your responsibility to constantly remind you of your business. After signing the contract, you will have to deposit money and constantly check how much you have left in your account. Remember that the "Mail" works only on prepaid. Personal account they don’t have any on the website or any way to inform about the lack of funds in your account, so, again, everything will have to be monitored “manually”.
Learn the rules
To work with the "Mail" you will have to allocate a separate employee in the state, as this requires a lot of effort, time and attention. The main document for him should be the volume "Rules for the provision of postal services." The main problem is that many things in it are described very vaguely (for example, packing rules) and can be interpreted differently by different postal workers and in different post offices. Simply put, if they want to find fault, they will easily do it. Therefore, it is better to be friends with postal workers.
Choose the right packaging
Proper packaging will save you from many problems. 3% of all packages are damaged and lost along the way, and this is often due to improper packaging. Packing a shipment in a package is cheaper than in a box, but the contents of the package are easier to damage. In addition, unfortunately, there are unscrupulous workers in all areas. Despite the fact that the Post is actively fighting this, there are cases when craftsmen carefully cut the edge of the package, take out the goods, put something close in weight in its place and seal the package. In addition, the package is transferred so many times from place to place along the way that if it is not provided with an additional layer of protection in the form of a box, it will be too vulnerable. You don't have to use Mailboxes. For example, our company buys ordinary boxes in bulk, so they are cheaper. You should not make branded boxes, because they must be pre-approved, otherwise the post office may refuse to accept them. Often they turn a blind eye to this rule, but they can also find fault.
Handle claims the right way
The term for consideration of claims by the Post is officially 60 days. But in reality, these deadlines are not always observed, and claims can be considered for several months. I'll have to remind myself a lot again. If you see that the package is stuck at some stage, immediately find out what is wrong with it. Be sure to inform your customers that if the package is damaged or there is a difference in weight, the package must be opened and its contents checked in the presence of employees post office. Only in this case, it is possible to make a complaint about the contents of the parcel and, together with the post office employees, draw up an act. If you open the parcel after leaving the post office, you will no longer be able to make any claims.
Take on some of their work
A serious disadvantage of "Mail" is a large number of return shipments. The parcel arrives at the branch, but the notification never reaches the client. If he himself does not follow the movement of the parcel by the number on the site, he may never know that it has arrived. As a result, the package is sent back to you in a month, in which case the online store pays a double tariff (round-trip), but the goods do not sell. According to statistics, about 15-20% of parcels are returned (depending on the specialization of the online store).
To prevent this from happening, you must track the movement of the parcel yourself, and when it arrives at the department, inform the client about it. If the client does not arrive at the post office within a few days, the call center should connect. Your employee calls the client to check if he knows that his package has arrived. Thanks to this system, we have reduced the level of returns by 5-10% in our company.
be patient
It is often very convenient for a regional client to pay in cash, but for you it can turn into a headache. "Post" can receive the money, but not in a hurry to transfer it to you. Therefore, you must separately track whether the cash on delivery has arrived from each shipment. If he is delayed - sound the alarm.
We had a case when a parcel arrived at a small post office in Siberia, and in order to transfer the money received for the parcel, the employee had to go to the regional center. We persuaded him for a long time to find time for this. Offices in which there is no Internet are a normal phenomenon for Russia. It can be very difficult to contact them. And delays in delivery are often associated not only with internal emergency situations, but also with weather phenomena. For example, last winter the Lena River froze over, through which the locals got over only by ferry. As a result, for a whole month it was impossible to deliver anything to the neighboring coast.
It is possible and necessary to establish work with Russian Post! Just be patient.
For those who dare, below is a small instruction
for work with "Mail":
Enter into a contract with Russian Post.
Get it at the branch postal service, fixed in the contract, the range of barcode mail identifiers(SHPI) or ready-made ShPI.
Pack postage according to postal requirements.
Prepare supporting documents to postage.
Make an advance payment forwarding of postal items - transfer funds to the current account specified in the contract. Make sure the admission information Money arrived at the post office (place of delivery).
Deliver postal items at the agreed place and time of delivery. Bring two copies of the list with you. 103 on paper and a power of attorney for the delivery of postal items.
Get it at the branch postal service documents on the receipt of mail: a receipt for the receipt of postal items, the second copy of the list f. 103 with the signature of the OPS officer and the calendar stamp.
Within the terms specified in the contract receive a certificate of completion and an invoice.
Contract for the provision of postal services sample 2018 free download standard form example form
Treaty
for the provision of postal services
Moscow "___" ___________20__
Federal State Unitary Enterprise Russian Post, hereinafter referred to as the Contractor, represented by _______________________________________________, acting on the basis of _____________________________, on the one hand, and ____________________________________________, hereinafter referred to as the Customer, represented by ______________________________________________, acting on the basis of ________________, on the other hand, have concluded this Agreement as follows:
1. SUBJECT OF THE CONTRACT
1.1. The Customer instructs, and the Contractor assumes the obligation to provide the Customer with the following postal services:
— acceptance, processing, forwarding and issuance of all types of domestic mail;
— additional services (storage and issuance of returned postal items, subscribing to a cell of a subscription mailbox, imprinting a franking machine on the corresponding types and categories of written correspondence, preparing accompanying documentation (cash on delivery forms, forms of address labels, forms of accompanying addresses and lists f. 103) when entering information from a machine-readable medium for cash on delivery, sticking an address label, pasting with tape).
1.2. The customer undertakes to pay for the services provided in a timely manner.
1.3. The provision of postal services is carried out in accordance with the Rules for the provision of postal services, approved by the Government of the Russian Federation of January 1, 2001, by resolution No. .2.2-05/8-nd,) (hereinafter "Temporary order...").
1.4. To provide services under this Agreement, the Contractor has the right to engage third parties (hereinafter referred to as representatives of the Contractor) with the obligatory notification of the Customer about this.
1.5. In the future, the Parties may consider the possibility of expanding the services provided by signing additional agreements by authorized representatives of the Parties.
2. DUTIES OF THE PARTIES
2.1. In accordance with this Agreement, the Customer undertakes:
2.1.1. Do not send items prohibited for shipment by internal mail, the list of which is established by Article No. 22 of the Federal Law "On Postal Communication".
2.1.2. Delivery of postal items to the representative of the Contractor from 9.00 to 18.00 at the following addresses:
2.1.3. Ensure that the packaging and presentation of postal items and accompanying documents comply with the requirements of the PSPP, the Postal Rules and the "Temporary Order ...".
2.1.4. Delivery of simple postal items is carried out according to invoices, delivery of batch mail items is carried out according to the lists f.103, compiled in printed and in electronic format in accordance with the "Temporary order ...".
2.1.5. By the 27th day of each month, coordinate with the representative of the Contractor by phone, fax, the schedule for the delivery of postal items planned for the next month, broken down by day of delivery and indicating the volumes for each day of delivery. A sample delivery schedule is presented in Appendix No. 2 to this Agreement.
2.1.6. Draw up a schedule for the delivery of postal items in duplicate and transfer to the representative of the Contractor after agreement for signing.
2.1.7. Properly draw up powers of attorney for receiving and sending mail.
2.1.8. In the event that the "Customer" needs to provide additional services to him, in accordance with this Agreement, the "Customer" sends the representative (s) of the "Contractor" specified (s) in clause 2.1.2. to this Agreement, a written application. A sample application is presented in Appendix No. 3 to this Agreement.
2.1.9. Regularly, depending on the volume, but at least three times a month, take out the postal items returned to the name of the Customer from the Contractor's structural subdivisions with their own vehicles. Issuance of returned postal items is carried out according to the invoice f.16 against the signature of the receiving party.
2.1.10. In case of disagreement to pay for the services of the Contractor under this Agreement in case of an increase in tariffs, notify the Contractor in writing within 2 calendar days from the date of receipt of information about the change in tariffs. The Agreement is considered terminated from the moment the Contractor receives a notice of the Customer's refusal to pay for the services at the new rates. If a written refusal to pay for services at the new tariffs is not received from the Customer within the established period, the tariffs are considered agreed with the Customer.
2.1.11. Sign and transfer to the Contractor the Acceptance Certificate for Services Performed (Appendix), or a reasoned refusal in writing, no later than the 14th day of the month following the reporting month. If the Customer does not sign the Certificate from the Contractor and does not submit written objections to the Certificate, it is considered approved by the Customer.
2.2. In accordance with this Agreement, the Contractor undertakes:
2.2.1. Receive mail from the Customer in accordance with the "Temporary Order" and in accordance with the schedule for the delivery of mail.
2.2.2. Processing, forwarding and delivery (delivery) of the Customer's postal items to their destination.
2.2.3. To carry out pre-postal preparation of postal items within 6 days from the moment of their delivery from the Customer, excluding weekends and holidays, in the volumes agreed with the representative of the Contractor.
2.2.4. Notify the Customer by fax or e-mail (address Email determined in the working order) about the mailings returned to the name of the Customer. Issue to the Customer returned mailings in his name against signature in the invoice f.16.
2.2.5. Storage of mail items returned to the name of the Customer within 5 working days from the date of notification of the Customer is free of charge, and starting from the 6th day in accordance with the approved tariffs.
2.2.6. Inform the Customer about changes in tariffs for receiving, processing and forwarding mail, as well as tariffs for Additional services, which are not regulated by the authorized federal executive body, no later than 10 days before the expected date of introduction of tariffs. Inform the Customer about the change in the "Tariffs for postal services, the state regulation of which is carried out by the authorized federal executive body" for the population, organizations funded and not funded from the relevant budgets, no later than the next day after receiving official information about their change.
2.2.7. Timely inform the Customer about restrictions on the delivery of postal items.
2.2.8. On a monthly basis, as of the last day of the current month, draw up an Act of delivery and acceptance of services performed (in two copies) and send to the Customer for signing by the 12th day of the month following the reporting month.
3. PAYMENT PROCEDURE
3.1. The Customer makes an advance payment to the Contractor's settlement account no later than the 1st day of the current month in the amount of 100% of the cost of services planned by the Customer for the current month in accordance with the volumes specified in the Postage Delivery Schedule (clause 2.1.4.) postage rates.
3.2. The Contractor, on the basis of the Certificate of Delivery and Acceptance of Services Rendered (Appendix) approved by the Customer, sends the Customer an invoice for payment based on the results of the work of the parties in the past month within 5 (five) days from the date of signing the act. The invoice is sent by the Customer within the terms established by the current legislation.
3.3. The Customer makes payment for the services rendered on the basis of the approved Acceptance Certificate and invoices issued by the Contractor by the 20th day of the month following the reporting month, taking into account the prepayment made (clause 3.1. of the Agreement).
3.4. The date of payment is the date when funds are credited to the account of the Contractor.
3.5. If the prepayment amount exceeds the amount of payment for the services actually rendered in the past billing month, the difference is credited against the prepayment for the next billing month or returned to the Customer upon his written request.
3.6. Services for the reception, processing and forwarding of internal written correspondence are charged in accordance with the tariffs in force at the time of the provision of services for postal services, the state regulation of which is carried out by the authorized federal executive body for the population, organizations funded and not funded from the relevant budgets.
3.7. Services for the reception, processing and forwarding of postal items and additional services that are not regulated by the authorized federal executive body are charged in accordance with the approved tariffs, which is an integral part of this Agreement.
3.8. According to Art. 36 "POUPS" for the return of registered postal items, the fee is charged at the rate in force on the day of receipt of the returned postal items.
4. RESPONSIBILITIES OF THE PARTIES
4.1. The Contractor has the right to suspend the provision of services under this Agreement in the following cases: if the Customer does not make an advance payment within the time limits specified in clause 3.1, until the debt on the invoices is fully paid off; in case of non-fulfillment or improper fulfillment by the Customer of the requirements specified in paragraph 2.1.1.-2.1.6 of this Agreement.
4.2. In the event that the Customer fails to comply with clauses 2 of this Agreement, as well as if the Customer exceeds the volumes in accordance with the provided schedule for the delivery of mail, the Contractor shall not be liable for untimely processing and sending of the Customer's mail.
4.3. The Contractor shall reimburse the Customer for damages for the loss, shortage or damage of investments that occurred through the fault of the Contractor, in accordance with Chapter VII "Responsibility of Postal Operators and Users" of the POUPS.
4.6. In case of violation of the terms of this Agreement, the Parties shall be liable in accordance with the current Russian legislation.
5. FORCE MAJOR
5.1. The parties are released from liability for full or partial failure to fulfill obligations under this Agreement if they prove that it was the result of force majeure circumstances (force majeure), namely: natural disasters, war or hostilities, changes in legislation or others beyond the control of the parties , emergency and inevitable circumstances that occurred against their will, and provided that these circumstances directly affected the execution of this Agreement.
5.2. The party for which it became impossible to fulfill obligations under the Agreement must immediately give a written notice to the other party about the occurrence or termination of force majeure circumstances.
5.3. The deadlines for the fulfillment of obligations in the event of occurrence of force majeure circumstances are postponed in proportion to the time during which such circumstances are in force. If the specified circumstances last more than 3 (three) consecutive months, one of the parties may refuse to perform this Agreement by sending a notice to the other party, while neither party has the right to demand damages from the other party.
5.4. At the request of one of the parties, the existence of force majeure circumstances is confirmed by the competent state authorities.
6 .DISPUTES
6.1. All disputes under this Agreement shall be resolved by the parties through
negotiations, if it is impossible to obtain an agreement, the parties transfer the consideration of disputes to Court of Arbitration Moscow.
7 . CONTRACT TIME
7.1. This Agreement comes into force from the moment of its signing and is valid for an indefinite period.
7.2. During the term of the Agreement, the parties have the right, by agreement, to make the necessary changes and additions to it.
7.3. Each of the parties has the right to unilaterally fully or partially refuse to perform this Agreement by notifying the other party in writing 30 calendar days before the date of termination of the Agreement.
7.4. Refusal to execute this Agreement does not release the parties from their obligations to fulfill their debts under this Agreement that arose before the refusal to perform the Agreement.
7.5. In the event of a change in legal and bank details, organizational and legal status, each party to the Agreement is obliged to notify the other party in writing within two days and provide all necessary information which may affect the relationship between the parties.
7.6. This Agreement is made in two copies, having equal legal force, one copy for each side.
8. LEGAL ADDRESSES AND BANK DETAILS
