TIME AND TERMS OF PROVIDING SERVICES

3.1. The USCTS provides services onlybon the terms of returning containers to the Kiev-Liski stotion of the Southern-Western railway or any other stations agreed by the Parties according to the Annex, which forms an integral part to the present Contract.

3.2 Time of providing services under the Contract is calculated from the moment of their delivery at the boarding or port station of Ukraine to their delivery by the Customer to the Ukrainian railway. This time cannot exceed the time of validity of the present Contract. The acceptance and delivery of containers is registered by the Act, which is signed by the contractual Parties.

3.3 The registration of the delivered containers is made according to the transmission list, which is made up at the boarding or port stations of the Ukrainian railway. Should the transmission list is not made up at the boarding or port railway station, the registration of the transmission is made according to the date of the stamp on the railway bill.

DELIVERY AND ACCEPTANCE OF THE GOODS

4.1. The completion of the services, indicated in the cl. 1.1 is confirmed by the Act of executed works, signed by the contractual Parties, which forms an integral part of the present Contract.

4.2. The date, indicated in the signed Act of executed works, is considered as a date of giving services under the present Contract.

4.3. Should the Customer does not sign the sent Act of executed works within 10 days after the date of its receiving by the Customer without written justification, it is considered to be validated by both Parties and is subject to payment in full volume.

4.4. The Customer returns all containers, received for use from the USCTS, prior to the expiration of the validity of the present Contract that is registered by the Delivery- Acceptance Act, indicating their technical condition, signed by the Parties.

PRICE AND TOTAL VALUE OF THE CONTRACT

5.1. The Parties agree about the price of the given services under the present Contract and sign the Protocol of price agreement, which forms an integral part of the present Contract.

5.2. In case of revising the prices (rates), the USCTS notifies the Customer about this one month before their imposition. The Customer's refusal to revise and change the price gives the USCTS the right to cancel the Contract before its expiration date.

5.3. The prices (rates) and payment under the Contract are made in hryvnyas.

5.4. The total amount of the Contract is calculated as the total value of the services, given to the Customer according to their volumes, confirmed by the Acts of executed works.

SANCTIONS

6.1. The Parties bear the financial responsibility for the non-fulfilment or improper fulfilment of their obligations under the present Agreement.

6.2. The Party, which involves the third party to the fulfilment of its obligations, bears the responsibility before the other Party for the non-fulfilment or improper fulfilment of the obligations by the third party as for its own.

6.3. The Party, which has violated its obligations under the present Agreement, has to eliminate the infringement immediately.

6.4 .If the Customer does not fulfil the requirements of the clause 2.2.3, of the Agreement in part of non-providing the shipment information, the USCTS has the right to give the prohibition to the station of shipment or loading station for dispatch or acceptance of Customer's cargoes. In this case the Customer bears all expenses.

6.5. In case of loss of the container in the third countries or not returning the container by the expiration date of the present Contract, the Customer reimburses the USCTS its value in the amount of 2500 US dollars for one 20 feet container and 4000 US dollars for one 40 feet container within 30 days from the moment of given an invoice.

6.6. Should the Customer do not make the payments according to the clause 6.1. of the present Agreement, the USCTS has the right to stop the cargo in route and apply the mortgage right according to the cl.19 of the SMGS.

6.7. If the container happens to be damaged after the delivery to the Customer, the Customer repairs it at his expense without charging expenses with the USCTS. While repairing the damaged containers, the construction of the container, USCTS's industrial marks and inscriptions are to be kept (or restored) as well as the inspection is to be carried out by the corresponding supervising bodies.

7. ARBITRATION

7.1. The Parties agree that all disputes arising from and in connection with this Agreement shall be resolved by the way of negotiations.

7.2. If the parties to this Agreement fail to reach an agreement within 1 (one) month since the dispute rise, then such dispute shall be finally arbitrated by International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine.

7.3. The Parties hereby agree that Bylaws of International Commercial Arbitration Court at the Chamber of Commerce and Industry of Ukraine will be applied in arbitration proceedings.

7.4. This Agreement shall be governed by, and construed in accordance with, the substantive laws of Ukraine.

7.5. Arbitration shall be held by sole arbitrator.

7.6. The place of Arbitration shall be the city of Kyiv, Ukraine.

7.7. The party convicted will be charged of all expenses related to the Arbitration.

Date: 2015-12-11; view: 781