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Outsourcing of office printing: the text of an agreement

Download a lease agreement (format Word, in ZIP archive – 15kb) [1]
 

 

AGREEMENT № ___________
for Lease of the Equipment

 

Moscow ____ year

The CJSC Mark, hereinafter referred to as «The Lessor», in the face of the Director General _________________________________, acting on the basis of the Charter, on the one hand, and ___________________, hereinafter referred to as the «Lessee», in the face of _______________________________, on the other hand, hereinafter jointly referred to as «The Parties», have concluded the present Agreement hereinafter referred to as the “Agreement” for the following:

 

1. Subject of the Agreement:

  1. The Lessor shall transfer to the Lessee for use (hereinafter referred to as «lease») the equipment in the configuration according Annex 1, which is an inseparable part of the Agreement.

 

2. The terms of transfer of the equipment:

  1. The fact of transfer and putting into operation of the equipment is fixed by a Certificate of Acceptance and Transfer of the equipment signed by both Parties.
  2. The transfer of the equipment for lease is accomplished within 3 (Three) working days upon the payment of the deposit amount, according to Annex 1 to the Agreement, by the Lessee to the Lessor. The Lessee shall transfer the said amount of the deposit to the payment account of the Lessor, including every item of the equipment, by a payment order, according to the bank data of the Lessor, within (three) banking days since the Agreement becomes effective.
  3. The deposit amount will be deducted from the lease fee amount for the last lease month of the equipment by the user. In case the deposit amount exceeds that of lease for the lthe last month calculated according to the procedure stated in Appendix 1 to the present Agreement, the Lessor shall return the difference to the payment account of the Lessee within 3 (three) banking days upon the signature of the Certificate of the utilization of the equipment for the last month according to Para. 5.1 of the Agreement.
  4. In case the amount of the deposit is insufficient for the reimbursement for the deposit for the last lease month equipment, the Lessee shall return the remainder within 3 (Three) banking days upon the signature of the Certificate of the lease of the equipment by the Lessee for the last month according to Para. 5.1 of the Agreement.
  5. In case of the cessation of the validity of the Agreement before the expiration of the through the fault of the Lessee, before the cessation of the equipment lease period as stated in Para 8.2, the amount of the deposit shall not be returned.
  6. When making the present Agreement, the Lessee shall submit to the Lessor notarized copies of the documents as follows:
    1. Certificate of the registration of the enterprise;
    2. Certificate of the registration of the enterprise (License of the Central Bank RF);
    3. Certificate of tax registration;
    4. Certificate of a record in the Unified State Register of Legal Entities until July 2002, indicating the Main State Registration Number;
    5. The Charter (the 1st, 2nd and the last pages);
    6. A letter of attorney entitling the Lessor’s authorized representative for the lease period to receive the materials and sign certificates (according to form 3 of the Appendixx).

 

3. The rights and obligations of the Lessor:

  1. During the time period determined in Para 8.2 of the Agreement, the Lessor shall lease to the Lessee the equipment in configuration according to Appendix 1 to the Agreement, and have the equipment put into operation.
  2. On the day of the transfer of the equipment for lease, the Lessor shall familiarize the employees assigned by the Lessee with the equipment operation regulations and transfer to the Lessee the instruction for the equipment operation.
  3. The Lessor shall be obliged to have the overhaul and maintenance accomplished at his expense, including the replacement of the needed spare parts. The Lessor shall be obliged to have the faults of the equipment operation preventing the performance of the equipment remedied in accordance with its purpose remedied within 1 (one) working day since the receipt of the respective application by the Lessee. In case these faults cannot be rectified in the said time, the Lessor shall offer an operational equipment to be utilized. The transportation of the equipment to the site of repair and back shall be accomplished by the Lessor at his expense.
  4. The Lessor shall keep a precise record of the maintenance of the equipment provided.
  5. The Lessor shall within 2 (two) working days u[on the receipt of an application of the Lessor sent by fax or e-mail shall supply the Lessee without extra charge with the paper and expendables to support the operation of the equipment in assortment as stated in the ap0plication of the Lessor.

 

4. The rights and obligations of the Lessee:

  1. The Lessee shall be obliged within the Lease period as stated in the course of the lease indicated in Para 8.2 of the Agreement to pay the lease fees as stated in Appendix 1 to the Agreement.
  2. The Lessee shall provide to the Lessor the opportunity of current control of the meters, which pertain to the equipment, of the number of printed out copies.
  3. The Lessee is obliged to operate the equipment in accordance with the technical specifications stated in Appendix 2 to the Agreement (Para 3.2 of the Agreement).
  4. The Lesseer shall be obliged on the day of revealing faults of fault or damage of the equipment to inform the Lessor about it.
  5. The Lessee shall compensate the Lessor for justified and documented expenses on equipment repair caused by the violation the technical specifications (Appendix 2 to the agreement ) and the requirements of the instruction for the operation of the equipment (Para 3.2 of the agreement).
  6. The Lessee shall register in the equipment log the meter readings, and sign on the basis of his statements a certificate of the number of printed copies for the preceding month.
  7. Аренда shall keep the record of the consumption of the materials supplied by the Lessor to ensure the operation of the equipment.
  8. The Lessee shall, on a monthly basis, not later than 5 (five calendar days before the beginning of the accounting month of forwarding to the Lessor an application for the supply of paper and expendables.
  9. In case of theft or complete destruction of the equipment, the Lessee shall pay to the Lessor the cost of the equipment stated in Appendix 1 to the Agreement, considering the depreciation of the equipment. With regard to the Agreement, the rate of equipment depreciation is 33.33 (thirty three point thirty three) % per year, and the beginning of the depreciation period is putting the equipment into operation in conformity with Para 3.1 of the Agreement.
  10. Without the agreement of the Lessor, the Lessee shall not be entitled to transfer the equipment for sublease.
  11. The Lessee shall provide the opportunity to the representative of the Lessor to service the equipment at the extent required and at the time approved by the Lessor and the Lessee.

 

5. The procedure for settlement for the lease of the equipment:

  1. Payment is performed by the bills made out according to the certificate signed on a monthly basis, which indicates the actual number of the copies printed out with the leased equipment.
  2. The Lessee shall be obliged within 5 (Five ) working days upon receiving the certificate signed by the Lessor as stated in Para 5.1 of the Agreement to sign that certificate or present to the the Lessor a motivated rejection to sign that certificate. The signing of the Certificate by the Lessee shall be accomplished by an authorized representative of the Lessee according to a letter of attorney.
  3. In case of failure to pay the invoice on time, the Parties have agreed on a penalty of 0.1% of the unpaid for every overdue day. The penalty demand shall be stated by the Lessor in writing. The receipt of the said demand by the Lessee shall be confirmed by the signature of the authorized representative of the Lessee. In case the Lessee fails to produce a duly formulated demand, the penalty is not accrued or paid.
  4. In case the Lessee is more than 15 (fifteen) working days overdue in payment of the bill of the the Lessor, the Lessor shall be entitled to suspend the validity of the present Agreement until the Lessee pays the fine in the amount stated in Para. 5.3 of the agreement of cancel the Agreement and demand return of the equipment.

 

6. Liabilities of the Parties:

  1. In case the parties fail and/or delay fulfilling their liabilities according to the Agreement, the Lessor shall pay the Lessee a penalty 0.1% of the amount of the deposit per day.
  2. The equipment leased according to the present Agreement shall be the property of the Lessor, and shall be recovered in case of the cancellation of the Agreement.
  3. In case the there is dekitting or intentional wreckage or loss of the equipment, the Lessee shall be obliged to reimburse to the Lessor the const of the equipment in accordance with Para 4.10 of the Agreement, or replace the equipment by that of an identical class.
  4. No change in the legal status of the Parties shall render the Parties exempt from their liabilities on the Agreement. Neither of the Parties shall transfer their rights and liabilities on the Agreement to any third parties without consent in writing by the other Party.
  5. Whatever amendments to the present Agreement are inseparable parts thereof and are only possible on condition that they are made in writing to be signed by the authorized representatives by both Parties.

 

7. Arbitration:

  1. Any dispute or disagreement which may arise out of the present Agreement will be settled by the Parties by negotiations.
  2. Should the Parties fail to settle the dispute amicably, the dispute shall be submitted for the consideration of the Arbitration Court of Moscow.

 

8. Duration of the Agreement:

  1. The Agreement enters into force on the signature thereof by all the Parties to remain valid until the Parties fully meet their liabilities.
  2. The duration of the lease of the equipment shall be upon transfer of the equipment by the Certificate of Transfer and Acceptance according to Paras 2.1., 2.2 of the Agreement through __________________. Subsequently, the lease duration will be prolonged automatically for 12 (twelve) calendar months if neither of the parties claims cancellation of the present Agreement before the fifteenth day (inclusive) of the last month of the current lease period.
  3. The present Agreement is made in two copies, one copy for each copy being equally valid.
  4. Any appendix to the Agreement is an inseparable part thereof.
  5. The Parties shall be guided by the legislation of the Russian Federation in whatever items which are not regulated by the Agreement.

 

9. Appendices:

  1. Appendix 1 – configuration of the equipment and payment terms.
  2. Appendix 2 – specifications of the operation of the equipment.

 

10. Addresses and bank data of the Parties:

LESSEE:
Legal address:
Postal address:
Bank data:

LESSOR:
Legal address:
Postal address:
Bank data:
 

FROM THE LESSOR
_____________________
Seal
FROM THE LESSEE
_____________________
Seal

 


  Appendix № 1
to Agreement № ______
from ______________year

 

Equipment configuration and payment terms

Since ___________ The Lessor shall supply to the Lessee the equipment in the following configuration and on the following payment terms:

1. _____________________________________________________
The cost of the leased equipment ________________________.
The amount of the deposit _____________________________________________

The equipment lease fee per calendar month, including VAT, per each A4 page printed out within a month.

FROM THE LESEE
_____________________
Seal
FROM THE LESSOR
_____________________
Seal

 


  Appendix № 2
to Agreement № ______
from ______________year

 

Specifications for the operation of the equipment:

  • Mains supply 220V/50 Hz,
  • Environmental temperature: 15 – 32,5°C,
  • Moisture: 20–85%,
  • No operation in the environment with detrimental fumes.

 

  1. CJSC service claims:
    tel.  +7 (495) 459-91-77,
    e-mail: office@markgroup.ru [2]
     
  2. Information of the required amount of expendables and paper:
    tel.  +7 (495) 459-91-77,
    e-mail: service@markgroup.ru [3]
     
  3. Installation of the leased equipment:
    _____________________
    _____________________
     
  4. Lessee employee responsible for the equipment: __________________
    tel.______________
    e-mail:______________
FROM THE LESSEE
_____________________
Seal
FROM THE LESSOR
_____________________
Seal

 


  Appendix № 3
to Agreement № ______
from ______________year

In the letterhead of the organization
 

 

Letter of attorney №

Moscow ________________________ year

 

______________, in the face of Director General ____________., acting on the basis of the Charter, authorizes ______________________________________, passport ______ № ___________, issued _______________________________________ ______________________________________, to be a responsible representative of the Lessee on the Lease for Lease ы № _______________________________.

The representative is authorized of:

  1. Control of the operation of the leased equipment;
  2. Receipt of materials and record of their consumption;
  3. Receipt and signing of accounting documents on the Lease Agreement transferred by the Lessor.

The Letter of Attorney is valid during the entire duration of the Agreement
The signature of the Authorized Representative is certified __________________

 

Director General ___________________  
 
(signature)
(signature deciphered )

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URLs in this post:

[1] Download a lease agreement (format Word, in ZIP archive – 15kb): http://markgroup.biz/AGREEMENT.zip

[2] office@markgroup.ru: mailto:office@markgroup.ru

[3] service@markgroup.ru: mailto:service@markgroup.ru

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