Assignment to the contract sample. Contract, household, customer individual. Terms of Reference, example

06.12.2019

in a person acting on the basis of , hereinafter referred to as " Customer”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Executor”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Customer instructs, and the Contractor assumes the obligation to perform the following works (render services) specified in clause 2.1.1 of the agreement, and the Customer, in turn, undertakes to pay their cost in the manner prescribed by this agreement.

1.2. The Customer undertakes to pay for the work (services) of the Contractor in the amount and for the period specified in Section 3 of this Agreement.

1.3. The Parties undertake to ensure the confidentiality of information that became known to them in connection with the performance of works (rendering of services) and which may harm the interests of the Parties.

1.4. The Contractor in the process of performing work (rendering services) is obliged to familiarize himself with and adhere to the labor protection standards, fire safety, sanitary and other standards specified in Appendix No. 1 to this agreement, established by the current legislation Russian Federation.

2. LIST OF WORKS (SERVICES)

2.1. The Contractor undertakes to perform the following works (render services):

3. COST OF WORKS (SERVICES) OF THE CONTRACTOR. PAYMENT ORDER

3.1. The cost of works (services) of the Contractor is established by agreement of the Parties based on the volume of planned works (services) during the term of this agreement and includes tax and other (if provided by the legislation of the Russian Federation) obligations of the Contractor from income under this agreement and according to the Agreement amounts to rubles .

3.2. Payment for the cost of works (services) is carried out monthly no later than the th day of the current month after signing the relevant act of acceptance and transfer of work performed (services rendered), which confirms the fact that the Contractor duly performed work (rendered services) of a certain cost agreed by the Parties, and the Parties have no mutual claims.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The customer has the right:

check the progress and quality of the work performed by the Contractor without interfering in its activities;
withdraw from the contract and demand compensation for losses if the Contractor does not start the execution of the contract in a timely manner or performs the work so slowly that it becomes clearly impossible to complete it by the deadline;
cancel the contract or entrust the correction of the work to another person at the expense of the Contractor, as well as demand compensation for losses if during the performance of the work it becomes obvious that it will not be performed properly, and within the time period previously set for the Contractor to eliminate the shortcomings, he did not eliminate them;
refuse if available good reasons from the contract at any time before the delivery of the work, paying the Contractor a part of the established price for the work performed before receiving notice of the Customer's withdrawal from the contract, and indemnifying the Contractor for losses.

4.2. The customer is obliged:

assist the Contractor in the performance of his work;
pay for the Contractor in the prescribed manner the mandatory insurance premiums for state social insurance to the Fund social protection population of the Ministry of Labor and Social Protection of the Russian Federation;
provide, if necessary, a place to perform work under the contract that complies with labor protection rules and safety requirements;
carry out training (education), briefing, advanced training and verification of the Contractor's knowledge on the issues of safe conditions for performing work or require documents confirming that he has undergone training (training), briefing, medical examination, if necessary to perform the work specified in paragraph 2.1.1;
not allow (dismiss) the Contractor performing work in the places provided by the Customer, who appeared at the work site in a state of alcoholic, narcotic or toxic intoxication, as well as in a state associated with illness that prevents the performance of work;
ensure unhindered access to representatives government agencies and other organizations whose competence includes the implementation of inspections and control over compliance with the law, including inspections of the conditions for the performance of work, as well as provide information necessary for the implementation of control measures;
investigate or take part in the investigation of accidents at work and occupational diseases in the manner prescribed by law.

4.3. The Contractor is obliged:

comply with relevant instructions, rules and other regulatory legal acts establishing requirements for safe conditions for the performance of work, safe operation of machinery, equipment and other means of production, as well as rules of conduct on the territory, in production, auxiliary and amenity premises of the organization;
use personal protective equipment;
undergo training (education), briefing, advanced training, knowledge testing on safe working conditions and medical examinations in accordance with the established procedure.

The Contractor has the right to refuse to execute the contract in whole or in part if the Customer has not created or improperly created the conditions provided for by the contract for the safe performance of work.

4.4. The customer is obliged, with the participation of the Contractor, to inspect and accept the result of the work performed by signing the acceptance certificate. All shortcomings of the work performed, identified at the time of acceptance, must be specified in the named act.

5. RESPONSIBILITIES OF THE PARTIES

5.1. For non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

5.2. The Party shall not be liable for violation of the terms of the agreement, if such violation occurred through no fault of its own.

5.3. The Contractor is fully responsible for damage and (or) loss of the Customer's property, which took place through the fault of the Contractor. In case of damage or loss of the Customer's property, the Contractor undertakes to reimburse the Customer full cost property specified in the shipping documents.

5.4. For non-fulfillment by the customer of obligations to pay for the work performed (service rendered), liability is provided in the form of a penalty in the amount of at least % of the unpaid amount for each day of delay.

6. TERM OF PERFORMANCE OF WORK (PROVISION OF SERVICES). CONTRACT TIME

6.1. The contractor performs the work (provides services) specified in clause 2.1.1 of the agreement from "" 2019 to "" 2019.

6.2. The Agreement comes into force from the moment of its conclusion and is valid until the Parties fully fulfill their obligations.

6.3. The Agreement may be terminated ahead of schedule by agreement of the Parties.

7. DISPUTES RESOLUTION

7.1. All disagreements arising between the Parties as a result of or in connection with this Agreement must be resolved through negotiations. If the Parties cannot reach an agreement through negotiations, the dispute that has arisen is subject to resolution in the courts of the Russian Federation according to general rule jurisdiction, in accordance with the current legislation of the Russian Federation.

8. FORCE MAJEURE

8.1. In the event of force majeure circumstances (natural disasters, hostilities of any nature) and other circumstances beyond the control of the Parties that directly prevent any of the Parties from fulfilling their obligations under this Agreement, confirmed by the relevant document of the Chamber of Commerce and Industry or other authorized body , the term for the fulfillment of obligations under the contract by the Party for which these circumstances have arisen is postponed for the duration of these circumstances. If the action of force majeure circumstances lasts more than calendar days, the other Party may also suspend the fulfillment of obligations under the Agreement.

8.2. In the event of the occurrence or termination of force majeure circumstances for one of the Parties, the latter is obliged to immediately inform the other Party about this in writing. Failure to notify or untimely notification of the occurrence or termination of force majeure circumstances deprives the respective Party of the right to refer to them in the future.

9. ADDITIONAL TERMS

9.1. From the moment of conclusion of the contract, all previous correspondence and negotiations between the Parties on its subject become invalid.

9.2. In the event of a discrepancy between certain provisions of this agreement and the current legislation of the Russian Federation, the agreement as a whole remains in force, and the Parties will strive to find a solution that does not contradict the law and most fully in meaning and economically corresponds to the invalid provision of the agreement.

9.3. All additions and changes to this agreement are its integral part and are valid only if they are executed in writing and signed by authorized representatives of the Parties.

9.4. Neither Party has the right to transfer its rights and obligations under the contract to a third party without the written consent of the other Party.

9.5. All appendices and additions to this agreement, both those mentioned in its text and others duly executed (contain the signatures of authorized representatives of the Parties and the seals of the Parties), are its integral parts.

9.6. Each Party is responsible for the correctness of the details specified by it in this agreement. In case of failure to notify or improper notification of the other Party about the change in the details, the Party that did not notify is liable and risks negative consequences such failure to notify.

9.7. On the basis of this agreement, no labor relations arise between the Parties.

9.8. According to the current legislation of the Russian Federation, the Customer acts in relation to the Contractor as a tax agent.

9.9. The Agreement is drawn up in two original copies in Russian, having the same legal force, one copy for each Party.

10. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Customer Jur. address: Postal address: TIN: KPP: Bank: Settlement/account: Corr./account: BIC:

Executor Registration: Postal address: Passport series: Number: Issued by: By: Phone:

11. SIGNATURES OF THE PARTIES

Customer _________________

Artist _________________

Terms of reference - a written instruction to the counterparty to perform the specified actions or perform the required work (service). Separately, such a document is usually not used. And yet, in some cases, such a task is the only written confirmation of the emergence of rights and obligations. This applies to the so-called contracts public offer, within which there are uniform rules for the provision of services (performance of work). Rules applicable to such assignments They (rules) are posted in a public place and any person who accepts their terms is considered a party to a public contract for the provision of services, a contract for the supply of goods and various other options for transactions. Evidence of acceptance by the client of the conditions of the contractor may be various documents.

Terms of Reference, example

When drawing up the TOR, it should be taken into account that, according to the terms of reference, the risks and burdens of suppliers and contractors should not exceed those assumed by the customer, otherwise this may lead to an increase in the cost of the contract, or to refusal to submit applications for participation. For the performance of construction and installation works The terms of reference for the performance of construction and installation works must contain the necessary criteria, according to which the required work must be carried out.

Attention

When compiling the document, you should specify:

The object of the auction. What kind of work should be done in accordance with the future contract;
Location address.

The exact location of the objects on which it is required to carry out construction and installation work;

Terms of work.

How to prepare terms of reference for work

Initial documents for geologySRO admission (license) for workcontract and terms of referencetopographic surveypermitting documentation for the city of Moscowfor the Moscow regionArchival materialsSurveying methodsgeological wells and pitsstatic sounding of soilspressiometric testsstamp testshydrogeological surveysDrilling rigsPBU-2 based on ZILPBU-50 based on KAMAZAVB-2M based on GAZ-66KMB 2-10 Portable rigDrilling worksRope percussion core drillingVibration well drillingAuger well drillingField geologyLaboratory studies of soilsLaboratory creditingTypes of studied soilsMechanical properties of soilsPhysical properties of soilsChemical analysis

Work agreement

For complex objects, a third party is sometimes involved - the compiler of the terms of reference (for example, project organization not being a payer of geological surveys), in this case both the customer and the contractor only approve the terms of reference. We remind you that engineering surveys are a very important component of construction, therefore a whole paragraph in the Civil Code of the Russian Federation is devoted to them.

Extract from the Civil Code of the Russian Federation (CC RF) Chapter 37. Contract § 4. Contract for the performance of design and survey work Article 758.

Contract agreement for the performance of design and survey work Under a contract agreement for the performance of design and survey work, the contractor (designer, surveyor) undertakes, on the instructions of the customer, to develop technical documentation and (or) perform survey work, and the customer undertakes to accept and pay for their result. Article 759

Despite the fact that the legislation does not provide for the mandatory preparation of terms of reference for the performance of works and other services, this form of documentation is widespread, since thanks to the terms of reference, labor and time resources are saved at the following stages:

Planning stage;
Drawing up the final documentation of the forthcoming purchase, notices, project contracts;
The stage of direct execution of the terms of the contract.

By filling out the terms of reference (hereinafter referred to as TOR) before placing a notice of the planned purchase, an optimal calculation of the time required for the performance of work or provision of goods, the selection of qualified specialists is achieved. Also, a properly drawn up TOR allows you to specify the object of procurement as much as possible, describing it as clearly and in detail as possible.

Terms of reference sample for a contract

Appendix N 1¦ ¦¦ ¦TERM N 1¦ ¦to the Contract N 534 dated January 10, 2014 ¦ ¦¦ ¦List of works submitted to the Terms of Reference, as well as the deadlines ¦ ¦fulfillment are indicated in the table.¦ ¦¦ ¦ ¦ ¦¦¦¦¦Terms of execution ¦¦ ¦¦ Stages¦Name¦List of works+ +¦ ¦¦¦events¦¦Date¦Date¦¦ ¦¦¦¦¦start¦end¦¦ ¦+ + + + + +¦ ¦¦¦¦Dismantling work¦¦ ¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Garbage removal¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Installation of partitions¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦ Waterproofing device ¦¦¦¦ ¦¦¦¦ and soundproofing¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦1 stage¦Preparatory¦Forwarding power and ¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Rough wall plastering ¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Plumbing of water pipes¦¦¦¦ ¦¦¦¦and sewage.
What goals are achieved Based on the information contained in this document, it becomes possible:

Formation of a plan, a procurement project;
Determining the cost of the contract, both initial and maximum possible;
Drawing up a notice of procurement;
Formation of a schedule for the fulfillment of the terms of the contract;
Preparation of basic documentation, including contract drafts;
Evaluation of proposals received from those wishing to participate in the procurement;
Conclusion of the contract and control over its execution.

How to make a form Sample Plan terms of reference for the performance of works As a rule, the terms of reference are drawn up by the contract manager in tandem with specialists from the legal department, after which the document is certified by a person authorized to make decisions related to the procurement.
False ceiling installation¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Installation of socket boxes,¦¦¦¦ ¦¦¦¦switches, chiseling ¦¦¦¦ ¦¦¦¦and wiring under ¦¦¦¦ ¦ ¦¦¦Light fixtures¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦Stage 2¦Intermediate¦Installation of window sills¦26.02.2014¦20.03.2014¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Putting walls and ceilings¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Priming walls and ceilings¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Laying ceramic¦¦¦¦ ¦¦¦¦tiles¦ ¦¦¦ ¦+ + + + + +¦ ¦¦¦¦Finishing walls and¦¦¦¦ ¦¦¦¦ceilings¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Installation of doors, locks,¦ ¦¦¦ ¦¦¦¦platbands¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Laying laminate¦¦¦¦ ¦¦¦+ +¦¦¦ ¦¦¦¦Installation and connection¦¦¦¦ ¦ ¦¦¦sanitary equipment¦¦¦¦ ¦¦3 stage¦Final+ +21.03.2014¦01.05.2014¦¦ ¦¦¦¦Installation of built-in¦¦¦¦ ¦¦¦¦cupboards¦¦¦¦ ¦¦¦+ +¦ ¦¦ ¦¦¦¦Installation of sockets and¦¦¦¦ ¦¦¦¦switches, wiring¦¦¦¦ ¦¦¦¦fuse board.
The items provide the following information:

Place of performance of work;
Deadlines;
given short description required work;
Performer requirements.

Important! Due to the specifics certain types works, which include, in particular, electrical work, along with the standard requirements for auction participants, the customer in the terms of reference can be put forward special conditions. So, these may be requirements for the provision of information on admission to certain types of work, the availability of technical resources for their implementation, the provision of confirmation of the qualification level of the workers of the participant applying for participation in the auction.

The initial document for the design of a technical facility is called the terms of reference for the contract. The terms of reference contain the main characteristics of the object, its purpose, technical and economic, qualitative and special requirements, as well as instructions for creating the necessary documentation.

Important

The terms of reference are included in the performance contract design work and is its basis, which determines the procedure and conditions of work, their purpose, tasks, principles, expected results and deadlines. The parties to the design work are: their customer (legal or individual) and the executor (designer or developer).

Only a specialist who has permission to carry out design work can act as an executor of design work. Changes, additions and clarifications to the terms of reference are made with the consent of the parties and are approved by the customer.

Contractor's liability for improper performance of design and survey work based on technical documentation and survey data.

2. If deficiencies are found in the technical documentation or in the survey work, the contractor, at the request of the customer, is obliged to redo the technical documentation free of charge and, accordingly, carry out the necessary additional survey work, as well as compensate the customer for the losses caused, unless otherwise provided by law or contract for the design and survey work. . Article 762

Moscow "___" _________ 201_

___________________________________, "___" _________ 19__ year of birth, TIN - ____________, passport ________________, issued _________, Department of Internal Affairs _____________, hereinafter referred to as the "Customer", on the one hand,

and ____________ LLC, hereinafter referred to as the "Contractor", represented by Director General _______________, acting on the basis of the Charter, on the other hand, collectively referred to as the "Parties", have concluded this (hereinafter referred to as the "Agreement") as follows:

1. The Subject of the Agreement
1.1. The Customer instructs, and the Contractor undertakes to carry out, at its own risk, the construction of a non-residential utility structure (hereinafter referred to as the "Building") in accordance with the technical documentation submitted by the Customer, within the time period established by this agreement.
1.2. The project was developed by _____________________
(name of developer)
and approved by _______________________________.
(by whom, date of approval)
1.3. Composition and content of technical documentation: _____________________.
1.4. Deadline for submission of technical documentation by the Customer: "___" ________ 201_
1.5. The powers of the Customer in relation to land plot provided for the construction of the Structure are confirmed by _________________________
(name and details of the title document)

1.6. Building permit issued ___________________
_____________________________________________________.
(name of body, name, number, date of issue of the document)
1.7. The Customer undertakes to create for the Contractor the necessary conditions to perform work, accept their result and pay for the work performed by the Contractor, specified in clause 1.1 of this consumer contract.
1.8. Work under this contract is performed by the Contractor from the Customer's materials, the Customer is responsible for the inadequate quality of the materials provided by him, as well as for the provision of materials and equipment encumbered with the rights of third parties.

2. Price of work and payment procedure
2.1. The cost of work under this contract is determined according to the estimate, which is an integral part of this contract, and amounts to ________ (________________) rubles, including 18% VAT.
2.2. The Customer pays the Contractor an advance payment in the amount of ____% of the amount established by clause 2.1 of this agreement within ____ days after signing this agreement. The final settlement is made after the delivery of the work by the Contractor to the Customer, provided that the work is performed properly and within the agreed time frame established by this contract, or ahead of schedule with the consent of the Customer.

3. Rights and obligations of the parties
3.1. The Contractor has the right to independently determine the ways of fulfilling the Customer's task.
3.2. The Contractor is obliged to immediately notify the Customer about circumstances beyond the control of the Contractor that may affect the quality of the results of the work performed or make it impossible to complete it on time.
3.3. If there is a need to carry out additional work and in connection with this, in a significant increase in the price of work under this contract, the Contractor is obliged to notify the Customer in a timely manner. If the Customer does not agree to exceed the price of the work initially agreed on the estimate, he has the right to withdraw from the contract by notifying the Contractor in a timely manner.
The Contractor, who has not warned the Customer in a timely manner about the need to exceed the price of work specified in clause 2.1 of this contract, is obliged to fulfill the contract at the price specified in this contract.
3.4. The Contractor is obliged to immediately notify the Customer and, until receiving instructions from him, suspend the performance of work (provision of services) upon detection of:
- unsuitability or poor quality of the material, equipment, technical documentation transferred by the Customer;
- possible unfavorable consequences for the Customer of the fulfillment of his instructions on the method of performing work;
- 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.
The Contractor, who did not warn the Customer about the specified circumstances or continued to perform the work without waiting for the expiration of the period provided for in the contract (and in its absence, a reasonable period for responding to the warning) or despite the Customer's timely instruction to stop performing the work, is not entitled, upon presentation to him or them to the Customer of the relevant requirements to refer to the specified circumstances.
If the Customer, despite the Contractor's timely and justified warning, does not within a reasonable time replace unsuitable or substandard material, equipment, technical documentation or the thing transferred to the Contractor, does not change the instructions on the method of performing the work, or does not take other necessary measures to eliminate the circumstances that threaten its suitability , the Contractor has the right to terminate the contract for the performance of work and demand compensation for the losses caused by its termination.
After completion of the work, the Contractor is obliged to submit to the Customer a report on the consumption of the material and return its balance or, with the consent of the Customer, reduce the price of the work, taking into account the value of the unused material remaining with the Contractor.
In case of complete or partial loss (damage) of the material received from the Customer, the Contractor is obliged within 3 days to replace it with a homogeneous material (thing) of a similar quality and, at the request of the Customer, perform work from a homogeneous material within a reasonable time, and in the absence of a homogeneous material of a similar quality, reimburse the Customer for twice the price of the lost (damaged) material, as well as the costs incurred by the Customer.
The Contractor shall be released from liability for the total or partial loss (damage) of the material received by him from the Customer, if the Customer is warned by the Contractor about the special properties of the material, which may entail its total or partial loss (damage). Ignorance by the Contractor of the special properties of the material does not relieve him of responsibility.
The Customer has the right to refuse to perform the contract for the provision of services, subject to payment to the Contractor of the actually incurred costs.
3.5. When handing over the work, the Contractor is obliged to inform the Owner about the requirements that must be met for the effective and safe use of the Structure, as well as the possible consequences for the Owner and other persons of non-compliance with these requirements.
3.6. The customer has the right:
- at any time check the progress and quality of the work performed by the Contractor, without interfering in its activities;
- refuse at any time before the delivery of work from the execution of this contract and demand compensation for losses if the Contractor does not start the execution of this contract in a timely manner or performs the work so slowly that it becomes clearly impossible to complete it by the time specified in the contract.
At the same time, the Customer is obliged to pay the Contractor for the work performed by him before the Customer's refusal to perform the contract.

4. Quality of work
4.1. The quality of work performed under this contract must comply with the requirements of applicable SNiPs, technical regulations, specifications for this type of work.
4.2. Guarantee period on the Structure is established by the Contractor in ________.

5. Acceptance by the customer of work
5.1. At the end construction works The Contractor is obliged to send a written notice to the Customer.
5.2. Within the period of _______ from the date of receipt of the notice, the Customer is obliged to proceed with the acceptance of the completed construction facility.
5.3. In the event that the Customer fails to appear to receive the result of the work performed or otherwise evades the Customer from accepting it within ____, the Contractor shall have the right, having warned the Customer in writing, after two months from the date of such warning, to sell the result of the work for a reasonable price, and the proceeds, minus all due to the Contractor payments, make a deposit in the manner prescribed by law.
5.4. The delivery of the result of work by the Contractor and its acceptance by the Customer are formalized by an act signed by both parties. If one of the parties refuses to sign the act, a note is made in it and the act is signed by the other party.

etc…

The entire standard form and a sample of a consumer contract customer an individual is available for free download in the form of an attached document form.

The page contains a sample form of the document "Terms of Reference for the performance of work (annex to the contract for the performance of work)" with the ability to download it in DOC and PDF formats.

Document Type: Assignment

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