Website: www.website
Individual entrepreneur
_____________________ Stolyarov A.V.
Appendix No. 1
We, the undersigned, Individual Entrepreneur Alexander Vyacheslavovich Stolyarov, hereinafter referred to as the “Contractor”, and ______________________________, hereinafter referred to as the “Customer”, certify that the Parties have reached an agreement on the cost of removing one bunker:
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Appendix No. 2
to Agreement No. __ dated “__” ________ 2017
sample form of a unilateral Certificate of completion of work:
Act No. ____ dated “__” ________ 2017
Executor: IP Stolyarov A.V.
Customer: name of the Customer's organization
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Price |
Sum |
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Total services provided amounted to RUR
(Suma in cuirsive)
Services are considered provided by Individual Entrepreneur Alexander Vyacheslavovich Stolyarov properly and accepted by (name of the Customer's organization) to the extent specified in this act, if within twenty days from the date of drawing up this act no motivated written objections are received from (name of the Customer's organization). After the expiration of the period specified above, claims regarding defects in services, including quantity (volume) and quality, will not be accepted
Individual entrepreneur _________________________ Stolyarov A.V.
This application is valid from "__" _____________ 2017.
This application is drawn up on 1 sheet in two copies having equal legal force - one for each of the parties.
for the provision of waste removal services in a person acting on the basis, hereinafter referred to as " Customer", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Executor", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:1. THE SUBJECT OF THE AGREEMENT
1.1. The Contractor provides the Customer with the following services: removal of waste generated during the Customer's production process from its facility at the address: .
2. NOMENCLATURE AND CHARACTERISTICS OF WASTE
2.1. Waste to be removed includes:
- consumer waste;
- construction waste;
- bulky waste;
- estimates;
2.3. Fluorescent lamps, oily rags, and batteries are not subject to export.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor carries out waste removal upon request from sites specified by the Customer.
3.2. The customer submits an application to the dispatcher before the clock, indicating the address of the facility and the estimated number of cars. When submitting the application, the Customer’s representative informs the dispatcher of the full name. who submitted the request, and the dispatcher’s full name. the one who received the information.
3.3. The Contractor fulfills requests no later than hours from the moment they are received.
3.4. The customer is obliged to make timely payment in accordance with clause 4, clause 5 of this Agreement.
3.5. The Contractor and the Customer jointly sign a general work acceptance certificate. The general act is signed monthly according to the volume of work completed during a given calendar month.
3.6. After each waste removal, the Customer signs a work report to the Contractor’s drivers confirming the removal or makes a note on the waybill. If the Customer has not made a written note, the volume of waste removed is agreed upon orally by representatives of the Customer and the Contractor.
3.7. When signing the general work acceptance certificate:
- The Contractor provides the Customer with work reports or copies of waybills (clause 3.6);
- The Contractor and the Customer are based on oral agreement between the parties (clause 3.6);
3.8. The Contractor issues an invoice and transfers it to the Customer no later than days from the date of signing the general work acceptance certificate (according to clause 3 of Article No. 168 of the Tax Code of the Russian Federation (part two)).
4. RESPONSIBILITY OF THE PARTIES
4.1. If the execution of work is delayed due to the Contractor's fault for more than hours after receipt of the application, the Contractor pays the Customer a fine in the amount of % of the invoice amount for a given amount of work for each day of delay.
4.2. The Customer undertakes to load the Contractor's bunker at least once a week.
4.3. In case of non-compliance with clause 4.2, the Customer undertakes to pay the Contractor for demurrage of the bunker in the amount of % of the cost of removing the bunker specified in Appendix No. 1.
4.4. In case of delay in payment for work performed for more than days from the moment the Customer receives an invoice for payment, the Customer pays the Contractor a fine in the amount of % of the invoice amount for each day of delay.
4.5. In the event that waste removal is carried out using vehicles of the Zil-Bunker carrier type and Bunkers owned by the Contractor, the Customer is responsible in favor of the Contractor for the safety of the Bunker at the site and in the event of the theft of a bunker from the Customer’s site, reimburses the Contractor for the cost of the bunker in accordance with the cost, specified in the Appendix to the Agreement.
4.6. The Customer undertakes to take all necessary measures to prevent the theft of bunkers, including, undertakes to control the moment of taking the bunkers by the Contractor’s machines, and make a note in the act or waybill (see clause 3.6).
4.7. The Customer undertakes to control the moment of loading the bunkers by the Contractor or on his own, and in the case of loading and removal to the landfill of property necessary for the Customer or third parties, the Contractor is not responsible for this property.
4.8. When loading bunkers by the Customer, the latter undertakes to not allow the Bunkers to be overloaded and to follow the instructions of the driver and the responsible person of the Contractor during loading. If the Bunker is overloaded, the Customer undertakes to unload it on his own.
4.9. If payment for work performed is delayed by more than a day from the date of receipt of the invoice for payment, the Contractor has the right to suspend the execution of work until payment is made.
5. PRICE AND PAYMENT PROCEDURE
5.1. Prices for waste removal are set by the Contractor and are indicated in the Appendix to this Agreement, which is an integral part of the Agreement.
5.2. An invoice for payment is issued on the basis of the Work Acceptance Certificate. Payment for work is made by the Customer, according to the issued invoices for payment within banking days from the receipt of the invoice.
5.3. All amounts due to the Contractor under this agreement must be paid by transfer to the Contractor's bank account.
5.4. Prices may be changed in accordance with changes in prices for fuel, waste disposal, changes in legislation, inflation, which is documented in an additional Appendix to the Agreement.
5.5. In case of price changes, the Contractor sends to the Customer:
- written notice of price changes indicating the date from which the new prices are effective;
- Appendix to the Agreement indicating new prices.
5.6. If the Customer has not notified in writing of his disagreement with the new prices, until the start of work at the new prices, the Contractor continues work and issues invoices for the work performed based on the new prices.
5.7. If the Customer does not agree with the new prices, before the start of work at the new prices, the parties agree on the possibility of further cooperation.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements under this Agreement are subject to consideration in the Arbitration Court if the parties do not reach mutual agreement on the subject of the dispute.
7. FORCE MAJEURE
7.1. Neither party to this Agreement will bear any responsibility for complete or partial failure to fulfill any of its obligations if the failure is a consequence of such circumstances as:
- flood, fire, earthquakes and other natural disasters;
- war or hostilities;
- acts or actions of government bodies;
- any other circumstances beyond the control of the SUBJECTS and arising after the conclusion of this Agreement.
7.2. If any of these circumstances directly affect the fulfillment of obligations within the period established in the Agreement, then this period is proportionately postponed for the duration of the corresponding obligation, but no more than calendar days, after which the Agreement may be terminated without mutual claims between the parties to this Agreement.
8. OTHER CONDITIONS
8.1. All relationships between the Customer and the Contractor are determined in accordance with the terms of this Agreement.
8.2. The provision of services to the Customer that are not included in the Contractor's obligations under the terms of this Agreement are paid by the Customer separately and in accordance with the agreement, which determines the cost and payment procedure for the services provided.
8.3. To promptly resolve all emerging issues under this Agreement and monitor the execution of work, the Customer appoints his responsible representative by phone: . On the part of the Contractor, a dispatcher is appointed responsible.
9. LEGAL AND LEGAL SIDE OF THE AGREEMENT
9.1. The agreement comes into force on the date of its signing.
9.2. The agreement is drawn up in two copies, each of which has equal legal force.
10. TERM OF THE AGREEMENT
10.1. The contract was concluded for the period from "" 2020 to "" 2020.
10.2. If neither party notifies the other of the termination of the Agreement, the Agreement is extended for each subsequent year.
11. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Customer
Executor Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:
12. SIGNATURES OF THE PARTIES
Customer_________________
Performer _________________
Please note that the service agreement was drawn up and checked by lawyers and is exemplary; it can be modified taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.
Almost every entrepreneur or legal entity whose office is located within the city has to sign a waste removal agreement. The need to clear the territory of waste is enshrined at the legislative level, namely in the law “On Production and Consumption Waste”. The owner of an enterprise can only enter into a contract for waste removal with a specialized organization that has the necessary package of documents. Before signing an agreement with a company involved in sorting, removal and disposal of waste, you should check whether it has licenses to carry out this activity.
Drawing up a contract for waste removal: features of the document
There are many companies working in the waste management field, both large and small. Having chosen a company that offers the optimal tariff, you should enter into an agreement with it for regular waste removal. This document is drawn up in simple written form and signed in duplicate. The object of the agreement in this case is the garbage itself, which is subject to collection and destruction. It can be agricultural, construction, household, medical, industrial - a full list of varieties is presented in the federal classification catalog of waste.
How to conclude a contract for waste removal
The text of the agreement should indicate:
- the subject of the agreement (what kind of waste the contractor undertakes to remove and dispose of, what territory he will serve);
- conditions for the provision of services (with or without the use of vehicles, whether the participation of third parties is allowed);
- frequency of container removal;
- duration of the agreement;
- cost of services and method of payment;
- procedure for delivery and acceptance of work;
- responsibility of the parties for fulfilling the conditions and grounds for unilateral termination of the agreement;
- priority of pre-trial conflict resolution.
If you are planning to enter into a waste removal contract, first determine the type of waste the company produces. This is necessary in order to select a suitable contractor and comply with the norms of current legislation. Depending on the degree of environmental pollution, waste is divided into 5 categories - from the first (toxic substances hazardous to human health) to the fifth (low-hazard substances). It should be noted that it is possible to enter into a contract for garbage removal with an individual, but only if the waste to be collected is classified as non-hazardous fifth class (for example, food waste from canteens and restaurants, garbage after cleaning educational and sports institutions ).
Accompanying documents
In order for a waste removal contract to be concluded legally, a waste passport must be attached to it. This document must contain the following information:
- class of waste materials established during laboratory research;
- calculation of the degree of harm;
- information about the organization that produces waste materials;
- address where waste materials are located.
When drawing up this appendix to the sample contract for waste removal, you should focus on the standards described in the Federal Law “On Industrial and Consumption Waste”.
Additional conditions for concluding a waste removal agreement
To avoid disagreements and disputes in the process of cooperation between the customer organization and the contractor, the agreement should describe the rights and obligations of each party in as much detail as possible. The waste removal agreement, a sample of which is presented on this page, contains information about the time frame within which, after contacting the waste disposal company, the waste must be removed from the serviced area. The document should also specify the priority application form - fax, registered letter, mail, telephone call.
Before concluding a contract for garbage removal, enter into the document the amount of the penalty that the contractor will have to pay if he misses the deadline or does not complete the work in full. The frequency of collection of waste materials must be indicated in a separate application - the removal schedule.
On this page you can download a sample contract for waste removal, as well as accompanying documents.
In order to properly dispose of the garbage that inevitably forms during human life in the modern world, you will also need to conclude an agreement. It is especially important to do this correctly and on time, otherwise sanctions from regulatory authorities are possible. For a business, such an agreement will not be financially burdensome, but some time will need to be spent on completing the necessary papers.
What is a waste removal contract?
A waste removal agreement is a document that reflects the obligations of two parties. A company that disposes of solid household waste undertakes to remove garbage, and an entrepreneur or individual is obliged to pay for this service on time at established tariffs.
The agreement can be drawn up in simple written form in two copies. An organization that undertakes waste removal undertakes to provide the service in full for certain categories of solid waste. Construction waste, used medical supplies, industrial waste, and expired goods from retail chains can be disposed of in this way.
supermarkets and other household waste.
Is this a duty?
No one has the right to oblige property owners who live in the private sector to enter into such an agreement, but some regional authorities are seeking to oblige even those households that are used only periodically to pay a “garbage” fee, and residents of such dachas and country houses, most of the solid waste can be used for a compost pit and for lighting a fireplace.
For individual entrepreneurs and legal entities whose activities generate solid waste, there is an obligation to conclude such an agreement. Also, the hazard class of the waste must be established. After analyzing the waste for environmental pollution, a passport is issued with a hazard class from 1 to 5.
Waste is divided into the following categories:
- Class 1 - extremely dangerous.
- Class 2 - highly dangerous.
- Class 3 - moderately dangerous.
- Class 4 - low-hazard.
- Class 5 - practically harmless.
Household waste belongs to class 5; for its disposal you do not need to have a solid waste hazard certificate. For other categories of waste, you must obtain a document indicating the hazard class.
People living in apartment buildings are required to pay a fee for the removal of solid waste. The cost of paying for solid waste disposal until 2015 was calculated based on the area of the apartment. Currently, payment for such a service depends on the number of people registered in a given housing.
Who is the contract with?
The agreement is concluded with a company that deals with household waste disposal. To remove waste of categories 1 - 4, the organization must have a license to provide such services.
If category 5 household waste is being removed, for example: food waste, natural wood shavings and polyethylene waste, then given the fact that this category of waste causes minimal damage to nature, the disposal of such substances can be handled by an organization that does not have a waste removal license.
Starting from 2016, operators in each region will be selected on a competitive basis with whom the owners of apartment buildings will enter into an agreement for the disposal of household waste. Operator
will be obliged to provide a full cycle of waste collection, processing and disposal. Regional operator status will be granted for 10 years. During this period, apartment owners will be required to enter into an agreement with these companies.
The advantage of such a scheme for customers of the service is that the regional operator will not be able to exceed the maximum price set by the executive authorities. If the service for disposal of household waste is provided under a government contract, then the newly introduced rules for the mandatory conclusion of an agreement with a regional operator cannot be introduced until the end of such a contract.
If a government contract has not been concluded, then apartment owners are required to formalize an agreement with the regional operator in the prescribed manner. Such an agreement can be signed by the management company of the apartment building. The management company is an intermediary and representative of the interests of residents, and therefore a general agreement for the disposal of solid waste can be concluded. Legislative innovations also apply to container sites of apartment buildings located in the adjacent territory. Such a site must be registered as part of the common property of an apartment building.
Essential conditions and features
The contract concluded with a company that deals with waste removal must be the same for all clients. If you want to issue a document for garbage removal on an individual basis, an entrepreneur is unlikely to succeed. If a businessman rents premises, then the landlord must conclude an agreement for the disposal of solid waste.
If waste of categories 1 - 4 is being removed, then having a safety data sheet is a prerequisite.
The owner of a private household has the right to enter into an agreement for the removal of household waste with a company that does not have a license. This category of waste usually falls into category 5, and individual entrepreneurs can dispose of such waste.
Main provisions of the document
The following information must be displayed in the solid waste disposal document:
These are the main provisions that must be present when concluding a contract for the removal of solid waste between the customer of this service and the contractor.
Penalty for lack of contract
If an individual entrepreneur or legal entity has not entered into a waste removal agreement, then if such a violation of environmental legislation is discovered, a fine will be imposed. In addition to penalties, this category may be subject to administrative sanctions in the form of suspension of business for up to 90 days. Private individuals may also be fined if the waste on their private property is subject to incineration.
Managers of enterprises and organizations that use mercury-containing fluorescent lamps in their activities are required to enter into an agreement with a hazardous waste disposal company. Such lamps must be collected and stored separately from other types of household waste. The contract is concluded only with an enterprise that has a license to dispose of highly toxic waste. Failure to comply with these rules may result in administrative liability. An inspection of an enterprise that uses mercury-containing lamps, but does not dispose of them in the prescribed manner, can be carried out by Rospotrebnadzor or environmental services.
Many regional authorities set local standards for concluding contracts with waste collection companies, and also set the amount of penalties in the absence of a waste removal agreement. In 2017, for individuals the fine may be 5,000 rubles, for officials - 50,000 rubles, for legal entities - 300,000 rubles.
Conclusion
Like many legislative acts in our country, new “works of legislative art” often conflict with existing laws. For example, if the household is located in a rural settlement, then the requirement to conclude an agreement for the removal of solid waste contradicts Federal Law-131 “On the General Principles of the Organization of Local Self-Government”, where Article No. 14, Part 1, Clause 18 states that “participation in the organization of activities for collection (including separate collection) and transportation of solid municipal waste" refers to issues of local importance to the settlement.
That is, the administration of a rural settlement must enter into an agreement for the disposal of solid household waste, designate solid waste collection points and install containers.
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