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AGREEMENT ON THE SALES OF OIL PRODUCTS

USING IC NIS FUEL CARDS

Concluded in Belgrade on ______20___ by and between the following contracting parties:

  1. ”NIS” j.s.c. Novi Sad, ul. Narodnogfronta 12, Novi Sad, SALES AND DISTRIBUTION , ul. MilentijaPopovića 1, Belgrade, telephone number: 011/311-33-11, ID No. 20084693, Registered with the Serbian Business Register in Belgrade under number: BD 93824/2005, occupation code: 0610, account number: 160-211974-86 with Banka Intesa, Tax identification number: 104052135, Power of Attorney Authorization number ______dated ______and represented by ______(hereinafter: Seller)

and

  1. ______; with the following address: ______, telephone number: ______, ID number:______, occupation code: ______, Tax identification number: ______, represented by ______(hereinafter: Buyer)

I SUBJECT OF THE AGREEMENT AND SALES TERMS

Article 1.

The subject of this Agreement is the sale and purchase of oil products using the Seller’s IC NIS fuel card Seller’s (hereinafter: Card).

Seller is obligated to supply Buyer with oil products at the Seller’s fuel stations. A list of the Seller’s public fuel stations is posted on the Seller’s web site:

Article 2.

By concluding this Agreement, Buyer accepts all the rights and obligations prescribed by the General Provisions which constitute an integral part of this Agreement and are posted on the Seller's web site:

IIPRICE

Article 3.

The oil product prices are determined by the Seller’s decisions in accordance with the oil product price fluctuations on the market in the Republic of Serbia.

Seller shall invoice Buyer for the delivered oil products according to effective prices on the delivery date. This implies the date the Buyer accepted the oil products at the fuel stations, at a VAT deducted amount or excise and VAT amounts deducted, depending on the rights exercised by the Card user.

IIIPAYMENT TERMS

Article 4.

Buyer shall determine the payment amounts and schedule to the designated account for card usage.

Buyer shall make payments according to invoices and Seller’s instructions to the following Seller’s account number 160-211974-86 with Banka Intesa. Buyer is obligated to, prior to payment, submit to the Seller a certified form SNPDV, or LNPDV, or PPO-PDV, or PPO-PDV as well as proof of exemption from excise payment pursuant to an International Agreement.

Buyer issues an advance receipt at the end of the month pursuant to the payments made.

Article 5.

Buyer who submits the form SNPDV/LNPDV may collect the oil products using a card up to the permitted amounts stated in the Form following an advance payment to the Seller’s account.

Buyer who submits form PPO-PDV, or form PPO-PDV and proof of exemption from excise payment pursuant to an International Agreement, may collect the oil products using a card up to the permitted amounts stated in the Form following an advance RSD payment to the Seller’s account.

Article 6.

Seller submits a final invoice once a month to the Buyer for the delivered oil products, along with the specifications on transactions using a card according to the types of vehicles.

Buyer undertakes to pay the monthly calculated interest within 8 (eight) days from invoicing the interest calculation.

In case the value the of the collected goods at the end of the month is greater than the amount of paid funds, an amount will be expressed on the final bill which must be paid immediately or the latest within 5 (five) business days, with the legally prescribed interest penalties calculated at monthly level from the invoicing date to the date the debt has been settled. Buyer undertakes to pay the monthly calculated interest within 8 (eight) days from reception of the interest calculation.

IVAGREEMENT VALIDITY

Article 7.

This Agreement is concluded for an indefinite period of time for one year from its conclusion pursuant to Article 10. If either of the Agreement Parties does not notify the other in written form within 30 (thirty) calendar days on its intention not to extend the Agreement, the validity of the Agreement shall be extended for one year under the same conditions.

Provided any of the provisions or enclosures from this Agreement cease to be in compliance with the effective Seller’s legal provisions, Acts or Decisions pertaining to the operations stated in this Agreement, the Regulations, Acts and Decisions which have become effective with the Seller shall be applied.

Seller undertakes to inform the Buyer in written form on any amendments stated in the previous Paragraph of this Article within 5 (five) business days from the date the amendments have become effective.

VFINAL PROVISIONS

Article 8.

In case of eventual disputes, the Agreement Parties shall recognize the jurisdiction of the Mercantile Court in Novi Sad.

Article 9.

Any provision not covered by this Agreement shall be subject to the Obligation Relations Act and other legal regulations relating to the Subject of this Agreement.

Article 10.

This Agreement shall be deemed concluded upon signature of the authorized representatives of both Agreement Parties. If the authorized representatives have not signed it on the same date, the Agreement shall be considered concluded on the date of the second signature in time sequence.

Article 11.

Seller shall retain the right not to supply oil products in situations occurring as a result of technological-production or business-operational problems.

Seller shall not be held liable for damages sustained by the Buyer in such case.

Article 12.

The integral part of this Agreement shall constitute the following:

-General Terms (

-Enclosure 1: Specification of vehicles for issuing an IC NIS fuel card

-Enclosure 2: Application for issuing an IC NIS fuel card

-Enclosure 3: Protocol on handover of the NIS fuel card

-Enclosure 5: Statement on the ownership structure

Article 13.

This Agreement has been concluded in 2 (two) originals, 1 (one) for each Contracting Party.

SELLER
______
[Name, surname and function] / BUYER
______
[Name, surname and function]

SA-08.06.29-044, верзија 02Страна1од3