Sample contract for the supply of building materials. Standard supply contract

Ещё со времён Римской империи, где развивалось Roman private law, the institution of contractual relations has become one of the most important people in everyday life. The treaties for centuries implemented one or another social relationship. This institution is interesting because it regulates exclusively those legal relations that were indicated by the parties in it.

Contract law emerged from the concept of contract,which, in essence, is an agreement of two parties on the establishment, termination or modification of rights and obligations. Depending on the subject of legal relations, fixed by the parties in this document, they are divided into several separate types. In the article we will consider the contract for the supply of building materials. Such contracts are specific branches of sales contracts. However, agreements on the supply of building materials have certain legal features. All features of contracts for the supply of construction materials will be reviewed and analyzed in the article in order to identify the characteristic differences of this type of legal relations.

General characteristics of contracts

In civil law of the Russian Federation, the regulations of the institutecontractual law enshrined in the Civil Code. According to Article 420 of the Civil Code of the Russian Federation, the agreement is an agreement of two or more persons. In it, they establish, terminate or alter certain rights and obligations. Also, an analysis of modern legislation makes it clear that contracts, contract law is an institution of law of obligations, so the general provisions on obligations apply absolutely to any contracts.

Parties are free to regulate legal relations,based on the principle of freedom of contract. But it should be noted that the parties may enter into agreements that are not provided for by the legislation, but they cannot contradict the basic principles and conditions of the existing laws.

Features of contracts of sale

Need to understand the essence and features of contractssale before characterizing the supply contract. The ledger contains information about supply agreements in chapter 30. According to the general specifics (Article 454), through such contracts, one of the parties undertakes to transfer any thing. The other one undertakes to accept this thing and pay it by depositing a sum of money. The contract must contain a description of the thing (s). According to Article 455 of the Civil Code of the Russian Federation, the sale and purchase agreement is concluded with respect to the thing that exists with the seller at the time of the conclusion of the agreement, or that which will be acquired, created by the seller in the future. These conditions must necessarily be specified in any purchase agreement. Different legal nature and conditions have supply contracts.

General characteristics of supply contracts

Delivery is an integral part of any kind.business activities. It allows you to get the necessary goods, raw materials, materials and so on. These relationships are regulated in detail by civil law, because they arise almost constantly. In the Civil Code of the Russian Federation, a whole paragraph is devoted to the supply contracts, in which the parties are specified, the terms of the contract, the obligations and rights of the parties.

Договором предусмотрено наличие двух основных parties: the supplier and the buyer. The first undertakes to transfer the goods that he manufactures or buys, within a certain period of time for their further use in business activities or for other purposes that should not be related to family or household interests. It should be noted that the seller must be a person who is an entrepreneur. There is a sample contract for the supply of building materials, which is often called the model. In this case, the general terms of delivery apply to this agreement, and construction materials are only subject of the contractual relationship.

The norms used in the preparation of the supply contract

Нормы права, проявляющиеся в договоре, являются the legal framework within which an agreement between the two parties can exist. This framework is governed by civil law of the Russian Federation. By its legal force, there are two types of rules that can be implemented in supply contracts: imperative and dispositive.

Mandatory rules are mandatory.They show the dominant role of law over social relations, which are enshrined in the contract. Imperative norms are compulsory and do not depend on the will of the parties. An example of such rules is the obligation of the parties at the time of the conclusion of the contract to consider the essential conditions.

Dispositive norms are exactly the opposite.imperative. They allow the parties to freely express their will. Due to dispositive rules, the parties are given the opportunity to significantly expand the supply contract. The form of such an agreement can be supplemented by the conditions necessary for the parties.

Signs of the contract for the supply of building materials

The legal nature of the supply contract has a number of features that other subspecies of purchase and sale agreements do not own. From here, the following characterizing aspects can be distinguished:

• First of all, the supply contract is the waypurchases of certain goods that should be used for business purposes in the future. This aspect is key because without it the legal nature of the agreement is lost.
• The contract for the supply of materials for construction has a special composition of subjects. The parties to the supply contract will always be subjects of business activity.
• Essential terms of the supply contractconstruction materials can be supplemented with special (additional) items, if they do not contradict the norms of the civil code. This aspect emerges from the general principle of freedom of contractual relations.

There are other features that characterize the supply contract. The CC gives detailed regulations for all stages of the implementation of this type of agreement by the parties.

Subject of the contract

Given the general requirements for all supply contracts that are spelled out in the Civil Code, we can conclude that the delivery of building materials is carried out in the same way.

The subject of the contract may be made orpurchased by the supplier. Generic characteristics of the object, as well as movability, are characteristic of building materials. The subject of the contract must meet state standards, and all suppliers must pass a special certification that allows you to engage in the manufacture of building materials. If the supplier is the purchaser, he must have all the necessary documents that confirm the proper quality of the subject of the contract and the rights of the manufacturer.

Terms of the contract for the supply of construction materials

When concluding an agreement, regardless of itssubject, in all cases there are significant conditions. With their help, legal relations of subjects are regulated, terms are established, rights and obligations are fixed, etc. The peculiarity of essential conditions is that they are fixed at the legislative level, therefore, they must be included in the contract. Along with this, the contract may contain additional provisions that are established by the parties separately. The contract for the supply of construction materials must have the following mandatory conditions:

• Product information. Each similar clause of the contract contains statements about the quantity, quality, range and other features of the supplied construction materials.
• The term of the contract for the supply of building materialsmay be established by the parties at the time of its conclusion, but this condition must be included on a mandatory basis. The time frame is set within the calendar period or until the occurrence of a specific event, date. The term of the contract helps to clearly organize the process of delivery.
• The order of payment and delivery. Payment may be made in the forms specified in the contract, for example, at the time of shipment or by payment orders.

Essential conditions without failmust contain any supply agreement. The form of such a contract, in which at least one of the essential conditions is missing, will have no legal force. In fact, a supply contract without essential conditions is not a contract at all.

Additional conditions

В договоре поставки вполне могут присутствовать other, additional conditions. With their help, those issues that the parties wish to direct their immediate attention to are regulated. Their presence in the contract is not necessary, so the parties may not take into account additional conditions at all. In this case, absolutely all the provisions that are not significant belong to the category of additional, for example:

• responsibility of the parties;
• delivery conditions;
• product packaging, insurance;
• the process of transfer of ownership;
• quality building materials that are supplied.

Also, the addition to the contract for the supply of construction materials may contain other conditions that, in the opinion of the parties, are necessary in the prevailing conditions.

Delivery Procedure

The order of delivery is prescribed in the contract.dispositive, taking into account the interests of the parties. In this case, the buyer is obliged to submit a schedule of supplies of construction materials, which will be based on quarterly monthly or other specifications. The presence of a time frame is a prerequisite that contains the supply contract. According to this schedule, the supplier undertakes no later than the agreed time to make a centralized supply of building materials. The schedule can be considered accepted if the buyer has no comments.

Form of contract for the supply of building materials

No civil lawany direct instructions regarding the form of the supply agreement. Given this fact, we can conclude that it must be written. Also, nothing is said about whether the written form of the contract for the supply of construction materials should be qualified (notarized). In the event that the parties wish, the supply contract can be notarized. Any deviations on the form that are contrary to civil law, can not take place, otherwise the document will be declared invalid.

Standard contracts for the supply of construction materials

Very often, the parties to the contract,There are questions about the conditions and procedure for its preparation. To avoid such cases, you can always use a sample contract for the supply of building materials.

При этом нужно учитывать тот факт, что условия в such contracts are for informational, auxiliary nature only. If desired, the parties can change the essence of their agreement in various ways. A sample contract for the supply of building materials is the foundation by which the parties can correctly and correctly settle their interests.

Conclusion

So, the article considered the featuresmain aspects, sample contract for the supply of building materials. With the help of this agreement, the parties can arrange and regulate among themselves the supply of building materials necessary for carrying out business activities. The contract for the supply of building materials occupies an important place in the institute of contract law of civil law of the Russian Federation.