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A standard contract for the provision of services for the sale of thermal energy _____
District of Beimbet Mailin "__"______20__ year Tobol State Communal Enterprise under the right of economic management of Akimat of Beimbet Mailin district, BIN 021040002031 (entity name, business identification number/individual identification number) providing services for the sale of thermal energy, represented by a. Director Sadykov Talgat Tansykpaevic (position, surname, first name, patronymic (if any) (hereinafter – Full name) acting on the basis of the Charter, hereinafter referred to as the Supplier, on the one hand, and the user of the services Name/Full name:__________________________________________________________________________________________ ID number, date, issued by whom:_____________________________________________________________________________ IIN/BIN:__________________________ total person:__ Service delivery address: ____________________________________________________________________________________ (details of the consumer, for individuals – a document certifying the identity of an individual, an individual identification number, for legal entities a business identification number/individual identification number) in the face of _______________________________________ acting on the basis of _______________________________ (position, Full name) hereinafter referred to as the Consumer, on the other hand, have concluded this Agreement (hereinafter referred to as the Agreement) on the following. Chapter 1. The basic concepts used in the Contract 1. The following basic concepts are used in the Contract: billing period is a period of time (calendar month) determined by the heat supply contract, for which the consumed thermal energy is accounted for and submitted for payment to the Consumer; calculation for thermal energy – payment of the Consumer for the required thermal energy after the expiration of the billing period on the basis of the payment document submitted by the Supplier; A heat supply system is a complex of installations designed for the production, transportation and use of a heat carrier; heat–consuming installations are a complex of devices designed to use thermal energy, a heat carrier for the needs of a consumer of thermal energy; A heating network is a system of pipelines and devices (including central heating points, pumping stations) designed to transport and regulate the flow of a coolant in order to transfer heat energy from heat energy sources to heat–consuming installations; heat carrier is a liquid or gaseous substance (steam, air, water, and other substances) used to transport thermal energy; thermal energy is an energy resource that is a commodity, the consumption of which changes the thermodynamic parameters of heat carriers.; verification of a measuring instrument is a set of operations performed by the state metrological service or other accredited legal entities in order to determine and confirm the conformity of a measuring instrument with established technical and metrological requirements.; supplier – an organization that sells purchased thermal energy to Consumers; the boundary of the division of operational responsibility of the parties is the point (line) of separation of heat-consuming installations and/or networks of the parties, determined by the balance ownership of heat–consuming installations and/or networks or by agreement of the parties, the boundary of operational responsibility between the consumer and the energy transmission or energy supply organization in apartment buildings, is determined by the first separating flange of the entrance valves of the control unit (Elevator); The boundary of balance ownership is the dividing point of the heat network between the energy producing, energy transmitting organizations and the Consumer, as well as between the Consumer and the sub–consumer, determined by the balance ownership of the heat network.; payment document is a document (invoice, notification, receipt, warning invoice) issued by the Supplier based on the actual indicators of metering devices, and in case of their absence or temporary violation - by calculation, on the basis of which the Consumer pays for the consumed thermal energy.; a consumer of thermal energy (hereinafter referred to as a consumer) is an individual or legal entity that purchases thermal energy for its own consumption and (or) further sale to a sub–consumer in accordance with the Law of the Republic of Kazakhstan "On Thermal Energy"; sub–consumer - a consumer whose heating networks and (or) heat-consuming installations are connected to the consumer's heating networks; The department of the authorized body is the department of the state body that carries out management in the relevant areas of natural monopolies. Chapter 2. Subject of the Agreement 2. Mandatory conditions preceding the Contract: area________m2 heat energy consumption plan
(this paragraph provides for mandatory conditions: the mode of supply and consumption of thermal energy in accordance with the requirements established by the current regulatory and technical documentation in the field of energy, the maximum hourly release of thermal energy in steam and hot water, as well as the corresponding maximum hourly flow of coolant and the conditions for its return, taking into account the current regulatory and technical documentation in the field of energy, the amount of thermal energy for legal entities or individuals using thermal energy for entrepreneurial purposes, the quality of thermal energy, the volume and quality of condensate returned by the consumer, including the availability of an act of technical readiness of heat supply systems, an act of delineating the balance ownership of heating networks and the operational responsibility of the parties, and other documents). If necessary, the mandatory conditions preceding the Agreement are drawn up in a separate annex to the Agreement. 3. The Supplier undertakes to supply thermal energy to the Consumer through the connected network of energy transmission organizations. At the same time, the parameters (quality) of the thermal energy supplied to consumers are determined by the readings of commercial metering devices installed on the border of the parties' balance sheet, and must comply with the requirements established by state standards or other regulatory and technical documentation in the field of energy, as well as the temperature schedule drawn up by the Supplier and agreed with local executive authorities. The Supplier is obliged to provide the Consumer with thermal energy in accordance with the Contract. 4. The contract for the provision of services for the production of thermal energy may contain other conditions by agreement of the parties. Chapter 3. Rights, duties and responsibilities of the parties 5. The consumer has the right: 1) purchase services for the sale of thermal energy at tariffs approved in accordance with the legislation of the Republic of Kazakhstan on natural monopolies; 2) to receive services of the established quality in the amount and within the time limits established by this Agreement; 3) to receive thermal energy in the required amount for business purposes and household consumption by agreement of the parties; 4) to change the amount of thermal energy consumed for business purposes, determined by the Contract; 5) receive information from the Supplier on changes in tariffs (prices, rates of fees) or their maximum levels in accordance with the legislation of the Republic of Kazakhstan on natural monopolies; 6) to receive thermal energy continuously while carrying out activities related to production in a continuous cycle, in accordance with the legislation of the Republic of Kazakhstan on natural monopolies; 7) require the Supplier to recalculate the payment for the sale of thermal energy and to compensate for the actual damage caused by the non-delivery or supply of low-quality thermal energy, in accordance with the terms of the concluded contract; 8) require the Supplier to recalculate the payment for the sale of thermal energy, taking into account the actual outdoor temperature; 9) apply to the authorized and (or) judicial authorities to resolve disputes related to the conclusion and execution of the Contract; 10) participate in public hearings; 11) unilaterally terminate the Contract upon notification of the Supplier and full payment for the amount of services provided by the Supplier; 12) have other rights provided for by the civil legislation of the Republic of Kazakhstan; 13) terminate the Contract unilaterally with written notification to the Supplier no later than thirty calendar days in advance, subject to payment for the services actually provided by the Supplier. At the same time, unilateral cancellation of the Contract for the sale of thermal energy by the owner of a separate room, the heating system of which is part of the general heating system of an apartment building, is not allowed. 6. The Consumer is obliged to: 1) promptly and in full pay for the services provided by the Supplier for the sale of thermal energy in accordance with the terms of the Contract; 2) immediately notify the Supplier in writing of the failure of metering devices or violation of the regime and working conditions, otherwise the metering devices are considered out of order from the date of their last verification, confirmed by the relevant documents; 3) ensure proper technical condition and safety of the operated networks, devices and equipment, comply with the established energy consumption regime, and immediately inform the Supplier of accidents, fires and other violations that occur during the use of energy; 4) before commissioning and before each heating season of heat-consuming installations, carry out a set of measures to issue a technical readiness certificate issued by the Supplier, except in cases of scheduled repairs and emergency recovery work; 5) provide unhindered access to the representative of the Supplier and the State Energy Control to heat metering devices and heat-consuming installations for monitoring the technical condition and safety of networks, devices and equipment.; 6) upon termination of the Contract, make a reconciliation of calculations and pay off the debt for the services actually provided by the Supplier for the sale of thermal energy. 7. The Supplier has the right to: 1) to establish, in accordance with the Rules for the Use of Thermal Energy, technical requirements that are mandatory for Consumers to comply with; 2) carry out maintenance and arrange for the verification of metering devices in accordance with the procedure established by the Rules for the Use of Thermal Energy; 3) charge a fee for the services provided for the sale of thermal energy at tariffs approved in accordance with the legislation of the Republic of Kazakhstan on natural monopolies; 4) reduce tariffs for regulated services for the sale of thermal energy during the tariff period in accordance with the procedure approved by the authorized body; 5) perform other actions established by the current civil legislation of the Republic of Kazakhstan. 8. The supplier is obliged to: 1) provide equal conditions for all consumers of services for the sale of thermal energy; 2) conclude a contract with the Consumer for the provision of services for the sale of thermal energy; 3) to ensure the acceptance of payments from Consumers for the services provided for the sale of thermal energy, including using modern information technology tools; 4) to prevent violations of consumer rights when concluding a contract for the provision of services for the sale of thermal energy; 5) maintain the parameters of thermal energy specified in this Agreement at the interface of the balance ownership of heating networks; 6) provide the Consumer with services for the sale of thermal energy in accordance with the quality requirements established by government agencies within their competence, as well as in accordance with the procedure and terms determined by the terms of the Contract.; 7) recalculate the cost of heat supply services and compensate for the actual damage caused by the non-delivery or supply of substandard thermal energy in accordance with the terms of the concluded contract, refund funds to consumers based on the results of recalculation of the cost of heat supply services, taking into account the actual outdoor temperature in accordance with the methodology for recalculating the cost of heat supply services, taking into account the actual outdoor temperature, approved by the authorized body; 8) to keep records and control the quality of thermal energy supplied to the Consumer, to take timely measures to prevent and eliminate violations of the quality of thermal energy; 9) within three calendar days from the date of submitting a written application or an oral request from the Consumer for a decrease in the quality of thermal energy, take all measures to restore the quality and recalculate; 10) to prevent interruptions in the sale of thermal energy, except in cases stipulated by this Agreement; 11) in case of failure of the metering device through no fault of the Consumer, calculate for thermal energy according to the average daily consumption of the Consumer for the same period last year; 12) to inform the consumer of information on changes in tariffs (prices, rates of fees) or their maximum levels within the time limits established by the legislation of the Republic of Kazakhstan on natural monopolies; 13) reduce, in accordance with the procedure established by the authorized body, tariffs for the sale of thermal energy to Consumers in the event of a corresponding change in the tax legislation of the Republic of Kazakhstan; 14) provide thermal energy to the Consumer continuously when carrying out activities related to production in a continuous cycle, in accordance with the legislation of the Republic of Kazakhstan on the electric power industry; 15) take readings of heat energy meters in the presence of representatives of the consumer, or ensure that readings are taken by representatives of the energy transmission organization in the presence of representatives of the consumer, or remotely take readings of metering devices. 9. The parties are responsible for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the legislation of the Republic of Kazakhstan. 10. For non-payment of the invoice by the due date, the Supplier has the right to charge a penalty for the unpaid amounts of the Consumer, in the amount of not more than 1.5 times the refinancing rate established by the National Bank of the Republic of Kazakhstan on the day of the actual fulfillment of the monetary obligation by the Consumer, for each day of late payment, but not more than the amount of the principal debt. 11. The amount of the penalty is determined at the conclusion of the Contract. The beginning of the penalty accrual period is the first day of the month following the billing period, unless otherwise agreed by the parties. 12. If the Supplier is unable to provide the Consumer with a thermal energy sales service due to the fault of other persons in contractual relations with the Supplier, the Supplier is responsible to the Consumer. Payment of the penalty does not release the parties from fulfilling their obligations under the Agreement. Chapter 4. Quality and volume of supplied thermal energy 13. The time of termination of the supply of thermal energy, as well as the non-compliance of its quality with the requirements of regulatory and technical documentation, with a note on the time (date, hour), must be noted in the Supplier's dispatch service log, followed by a note on the time (date, hour) of the resumption of the supply of thermal energy with proper (proper) quality. 14. In case of an interruption in the supply or supply of heat energy of inadequate quality, the Consumer notifies the Supplier about it personally (by application) or by telephone message with mandatory indication of the time, date of its transmission and the name of the person who transmitted and accepted it. The telephone message indicates: the time of the beginning of the deterioration in the quality (absence) of the product, the nature of the deterioration and the need for the presence of a representative of the Supplier (if the deterioration in the quality of thermal energy or the interruption of its supply by the Supplier is not recorded in the log). When the Consumer personally applies, the application must have a copy on which, at the time of registration of its receipt, the registration number, date and time of application submission, and the signature of the Supplier's representative who accepted it are affixed. In case of termination of the heat supply, the application is submitted immediately, in case of deterioration of the parameters – no later than a day after the start of the deviation. The supplier checks the marks in the log on the deviation of the quality of the goods indicated in the application (telephone message), interruptions in its delivery to Consumers and, in the absence of disagreement, recalculates the cost of the goods in accordance with its actual consumption, based on the average daily deviation of the parameters from the calculated one. 15. If the Supplier refuses to certify the fact of non-supply of thermal energy or the provision of low-quality goods (thermal energy), the Consumer has the right to make a written statement indicating: the time of the beginning of the refusal to deliver the goods (disconnection) or poor-quality delivery; the nature of the deterioration in the quality of the product; the time of application submission and its registration number (according to the Supplier's log); recovery time of heat supply (normalization of its quality); the period of absence (deterioration of quality) of the product. The Application is signed by the Consumer, the person responsible for the Consumer's heating facilities, and two independent witnesses and sent to the Supplier. In case of non-settlement of the dispute, the Consumer has the right to apply to the authorities responsible for the use of atomic energy and electric power industry or file a lawsuit in court. Chapter 5. Mode of supply and consumption of thermal energy 16. The supply of thermal energy by the Supplier is carried out continuously, unless otherwise agreed by agreement of the parties. 17. An increase in the Consumer's load and the amount of thermal energy consumed in excess of those specified in the Contract, but not exceeding the design values stated and fixed in the received technical specifications, is allowed with the permission of the Supplier at the request of the Consumer, while appropriate amendments are made to the Contract. 18. The Consumer undertakes to pay to the Supplier for the sale of thermal energy on the terms defined by the Contract, as well as to comply with the regime of consumption of thermal energy and other conditions stipulated by this Agreement. Chapter 6. The size of the tariff 19. Payment for the Supplier's services for the sale of thermal energy is made by the Consumer at tariffs approved in accordance with the legislation of the Republic of Kazakhstan on natural monopolies. 20. Payment for the services actually provided by the Supplier for the sale of thermal energy is made by the Consumer in accordance with the meter readings no later than the 25th day of the month following the settlement one. In the absence of metering devices, payment by the Consumer is made in accordance with paragraph 43 of this Agreement. 21. If there is a debt for previous periods, first of all, the payment is directed to the repayment of this debt. If the Consumer pays an amount exceeding the actual amount for the billing period, the difference of this excess is automatically credited to the advance payment of the next billing period (or, by agreement of the parties, to repay the Consumer's debt under other obligations to the Supplier, if any). If the Consumer refuses the Supplier's services for the next billing period, the overpaid amounts will be refunded. 22. If corrections in the invoices are necessary as a result of a malfunction of commercial metering devices and in other cases, the Parties shall make adjustments to the invoices in subsequent accounting periods. 23. The fulfillment of the Consumer's obligations to pay for the Supplier's services for the sale of thermal energy is recognized as crediting money to the Supplier's current account using the details specified in the payment document. Chapter 7. Schedule of heat energy supply depending on the outdoor temperature 24. The temperature of the supplied coolant is set by the energy transmission or energy producing organization in accordance with the temperature schedule at the consumer metering unit. 25. When using thermal energy in hot water and observing the temperature schedule at the consumer's metering unit, the consumer returns the return mains water with a temperature not exceeding its scheduled value. The calculation of the amount of heat released in excess of the agreed volume for consumers who do not have a metering device is carried out in accordance with the legislation of the Republic of Kazakhstan in the field of natural monopolies. Chapter 8. The boundaries of the division of balance sheet ownership and operational responsibility of the parties 26. Accounting for the release of thermal energy is carried out at the boundary of the division of the balance sheet ownership of the parties, unless otherwise provided by the contract. When metering devices are installed not on the interface of the parties' balance sheet ownership, losses on the network section from the interface to the place of installation of metering devices relate to the owner on whose balance sheet the specified network section is located. The calculation of heat losses or the heat loss test is performed by the energy transmission organization together with the Consumer. 27. Responsibility for the technical condition of equipment and ensuring the safety of heating networks owned by consumers, including those jointly owned by consumers, is assigned to consumers and is determined by the boundary of balance ownership. Responsibility for the safety of heat metering devices is assigned to its owner and is determined by the boundary of the balance sheet. The management body of the condominium can perform maintenance of heat-consuming installations independently or under an agreement with a specialized organization. 28. In case of failure of the metering device, the energy supply organization performs calculations for the specified periods according to the consumption rate for heat supply for consumers who do not have metering devices, but not more than within one month, for which accounting must be restored. If the metering device cannot be restored within the specified period, the calculation procedure and the time frame for restoring accounting must be established by a separate agreement of the parties. In case of theft or breakdown of metering devices by third parties, the person responsible for the safety is obliged to restore the metering devices within one month, unless otherwise provided by the Contract. Until the metering devices are restored, the Consumer has the right to request that they be connected to the heating network. Chapter 9. Data on sub-consumers (if any): 29. Data on sub-consumers (if any): 1) Individual identification number/Business identification number; 2) Full name of the legal entity (position); 3) Acting on the basis of: 4) Address of the object: 5) The total heated area. Chapter 10. Terms of termination of the agreement 30. Termination of the agreement is possible by agreement of the parties, unless otherwise provided by the Civil Code of the Republic of Kazakhstan, other legislative acts and this agreement. 31. At the request of one of the parties, the contract may be terminated by a court decision only: 1) in the event of a material breach of contract by the other party; 2) in other cases stipulated by the Civil Code of the Republic of Kazakhstan, other legislative acts or this agreement. A violation of the contract by one of the parties is considered significant, which entails such damage to the other party that it is largely deprived of what it was entitled to expect when concluding the contract. 32. The agreement on termination of the contract is executed in the same form as the contract, unless otherwise provided by the legislation, contract or business practices. 33. A claim for termination of a contract may be filed by a party in court only after receiving a refusal from the other party to the proposal to terminate the contract or failure to receive a response within the time period specified in the proposal or established by law or the contract, and in its absence - within thirty days. 34. Upon termination of the agreement, the obligations of the parties are terminated. 35. In case of termination of the contract, the obligations are considered terminated from the moment the parties reach an agreement on termination of the contract, unless otherwise follows from the agreement of the parties, and in case of termination of the contract in court - from the moment the court decision on termination of the contract enters into force. 36. The parties have no right to demand the return of what was performed by them under the obligation prior to the termination of the contract, unless otherwise established by legislative acts or agreement of the parties. 37. If the basis for the termination of the contract was a material breach of the contract by one of the parties, the other party has the right to demand compensation for damages caused by the termination of the contract. 38. Unilateral refusal to perform an agreement (renunciation of an agreement) is allowed in cases stipulated by the Civil Code of the Republic of Kazakhstan, other legislative acts or an agreement of the parties.. Chapter 11. The method of reporting and billing to the consumer, including the relevant requirements for commercial accounting devices 39. Heat-consuming installations of Consumers are provided with the necessary metering devices for calculations for thermal energy. The consumer has the right to independently purchase and install metering devices. In case of purchase and installation of metering devices by a Supplier, the Consumer enters into a corresponding contract with him for the purchase and installation of a heat metering device in accordance with the procedure provided for by the current legislation of the Republic of Kazakhstan on natural monopolies. The organization of heat energy accounting, the technical condition of heat energy metering units of the heat carrier must meet the requirements of regulatory and technical documentation. 40. Metering devices, the types of which are included in the State Register of Ensuring the Uniformity of Measurements, should be used to account for thermal energy. At the same time, they must have a stamp on the primary or periodic verification of the organization that has the right to do so. Meter readings are taken by representatives of the energy transmission (energy supply) organization in the presence of the Consumer or his representative, and in cases of installation of metering devices with remote reading without the participation of the Consumer. At the same time, the Consumer has the right to receive a hard copy or an electronic version of the meter readings. If it is impossible to take meter readings due to the fault of the Consumer and if the Consumer himself does not provide the energy transmission organization with information on the amount of thermal energy consumed by him, the energy supply organization has the right to calculate for the specified periods according to the average daily consumption of thermal energy of the Consumer for the same period last year, followed by recalculation based on actual consumption. The inability to take meter readings due to the fault of the Consumer is confirmed by the corresponding entry in the Supplier's log. 41. Periodic verification, repair and maintenance of metering devices is carried out by an energy transmission organization or another specialized organization authorized for this type of activity, under a separate agreement with the Consumer. The consumer has the right to independently choose a specialized organization for the verification, repair and maintenance of metering devices. 42. The Parties shall carry out, at their own expense, metrological checks of metering devices on their balance sheet within the time limits stipulated by the relevant metrological standards. The parties may require additional checks, which are carried out at the expense of the requesting party. 43. The amount of heat energy supplied by the Supplier and accepted by the Consumer is determined by the meter readings. In the absence of metering devices for household consumers, the amount of the fee is determined according to the norms approved by the akimat of the region, the city of republican significance, the capital in accordance with the legislation of the Republic of Kazakhstan, for consumers who do not have metering devices for regulated utilities and is approved in accordance with the legislation of the Republic of Kazakhstan on natural monopolies. Chapter 12. Procedure for pre-trial and judicial dispute settlement 44. The contract for the provision of services for the sale of thermal energy is concluded with the Consumer individually. 45. In the event of any dispute or disagreement arising over any provision of the Agreement or in general, or in connection with any issue or action regarding the provisions of the Agreement, either Party has the right to send a claim to the other party with a full statement of the essence of the dispute. The parties shall make every effort to resolve all disputes through negotiations. 46. In case of failure to reach an agreement, all disputes and disagreements under the Contract are resolved in the courts at the location of the defendant. The Parties have the right to terminate the Agreement in other cases stipulated by the legislation of the Republic of Kazakhstan. 47. The relations of the Parties arising from the Agreement and not regulated by it are regulated by the current legislation of the Republic of Kazakhstan. 48. The Agreement is drawn up in two copies in Kazakh and Russian, one copy for each Party. 49. By agreement of the Parties, the Agreement may be supplemented with other terms that do not contradict the model Agreement and the legislation of the Republic of Kazakhstan. The agreement for state institutions financed from the state budget is registered with the territorial treasury bodies of the Ministry of Finance of the Republic of Kazakhstan, and comes into force from the date of its registration. Chapter 13. Term of the Agreement 50. The Agreement comes into force from the date of signing and is valid until 31.12.2036. 51. The term of the Agreement is extended for a certain period, specifying the amount of thermal energy, if one of the parties declares this thirty calendar days before the expiration of the Agreement. The extension of the contract period is formalized by an additional agreement to the Contract. In the absence of an application by one of the parties to terminate or amend the contract at the end of the term, it is considered extended for the same period and on the same terms as stipulated in the contract. Chapter 14. Legal addresses, bank details and signatures of the parties |
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The supplier |
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Consumer |
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The state communal enterprise "Tobol" on the right of economic management of akimat of the district of Beimbet Mailin BIN: 021040002031 111715 Kostanay region, district Beimbeta Mailina settlement, Tobol Elevator street, 77 IIC: KZ8094802KZT22030564, "Eurasian Bank " JSC, BIC: EURIKZKA t. 8 (71436)2-12-85, e.mail: gkp_tobol@mail.ru
Acting Director _________________ Т.Т. Садыков |
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Name/Full name.:___________________________________ _________________________________________________ Registered address/Legal entityaddress: _________________ __________________________________________________ Place of work:______________________________________________________________________________________Phone numbers:____________________________________ e.mail: ___________________________________________
Signature: ___________________________ |