INFORMATION ON TERMS OF SELECTION OF CONTRACTORS CARRYING OUT TRADE ACTIVITY BY MEANS OF ORGANIZATION OF A TRADING NETWORK TO CONCLUDE A FOOD DELIVERY AGREEMENT AGREEMENT ON MATERIAL TERMS AND CONDITIONS OF SUCH AGREEMENTS
(Part 2 of Article 9 of the Federal Law of December 28, 2009 N 381-ФЗ “On the Basics of State Regulation of Trade Activities in the Russian Federation”)
BASIC PROVISIONS
* This information contains the conditions for the selection of counterparties engaged in trading activities through the organization of a distribution network for concluding a contract for the supply of food products, as well as the essential terms of such a contract.
* When selecting counterparties to conclude a contract for the supply of goods, the Supplier shall be guided by the principles of legality, fair competition, as well as its needs, characteristics of the goods supplied, competitiveness, commercial knowledge and experience of the counterparty in using market conditions.
* The supplier delivers the goods on the basis of a contract for the supply of food products in the standard form approved by the Supplier, or on the basis of a contract for the supply of food products agreed by the Parties and containing the essential terms of the contract for the supply of food products approved by the Supplier.
* The contract for the supply of food products is considered concluded from the moment the Supplier and the person carrying out trading activities through the organization of a trading network have reached an agreement on all the essential terms of the supply contract.
* The supplier, based on the above principles for selecting counterparties, reserves the right to change or supplement the conditions specified in this document taking into account the business reputation of the counterparty, the course of the negotiation process and the conditions of the commercial proposal for the conclusion of a contract for the supply of food products.
1. Definitions of terms used
1.1. “Delivery Contract” – a contract for the supply of Goods between the Supplier and the Buyer.
1.2. “Order” – the offer of the Buyer to the Supplier to deliver the Goods on certain conditions.
1.3. “Supplier” – JSC FAPK “Yakutia”.
1.4. “Counterparty” – a person engaged in trading activities through the organization of a trading network and participating in the selection of counterparties for the conclusion of the Agreement.
1.5. “Goods” – food products supplied by the Supplier.
2. When selecting counterparties to conclude a supply contract, the Supplier evaluates the reliability of the counterparty’s business using the following means:
1) resources formed by government bodies, the business community, containing information on the financial and economic activities of legal entities;
2) documents provided by the counterparty.
3. In order to ensure that the Supplier can carry out a full and comprehensive assessment of the reliability of the counterparty’s business, the latter provides the Supplier with information on the following:
* The life of the counterparty as a legal entity;
* Registration of the counterparty with the tax authority;
* The location of the counterparty, its warehouse and / or retail space;
* Possibilities of real fulfillment of the terms of the contract (including taking into account the time required for delivery of goods, their implementation, fulfillment of payment obligations);
* The presence of the legal capacity of the head of the counterparty (other person) to sign the contract;
* Fulfillment of public obligations of the counterparty to public authorities (lack of debt to pay tax and other obligatory payments);
* Fulfillment by the counterparty of contractual obligations to pay for products supplied to it by other suppliers;
* Profitability of the financial and economic activities of the counterparty;
* The counterparty has a license necessary for the sale of alcoholic beverages;
* Observance of special rules for the circulation of alcoholic beverages, including the fixation of such a turnover in EGAIS, for which a counterparty code is provided in EGAIS.
4. The information specified in clause 3 is provided by the counterparty in the form of the following documents, but not limited to:
* Decision to create a counterparty organization;
* The protocol / decision on the election, as well as the order on the appointment of the director / general director / other sole executive body of the counterparty; *
* A copy of the passport of the person who is the sole executive body of the counterparty;
* Charter of the counterparty;
* Certificate of state registration of the counterparty;
* Certificate of the Federal Tax Service on making the counterparty in the Unified State Register of Legal Entities;
* Certificate of the Federal Tax Service on registration with the tax authority (assignment of TIN, KPP) at the location of the counterparty, as well as its separate divisions;
* Extract from the Unified State Register of Legal Entities (with the date of issue no more than 1 month);
* License issued by a competent public authority for the purchase, storage and supply or retail sale of alcoholic beverages;
* Letter from the statistical office on the assignment of statistics codes;
* Power of attorney, if the contract is signed by a non-sole executive body of the counterparty;
* Copies of the balance sheet, statement of fixed assets, statement of financial results, value added tax declaration for the last reporting period with a note from the tax authority of the Russian Federation on their adoption, and in the case of filing financial statements electronically, as well as a protocol confirming the transfer of accounting reporting to the tax authority;
* Certificate of ownership, lease of warehouse and / or retail space;
* Client card containing the following information: full name, location, actual address and telephone numbers, TIN, KPP, KPP of the separate divisions, bank details.
5. The documents specified in clause 4 are provided by the counterparty in the form of copies certified by the signature of the authorized person and the original seal of the counterparty.
6. The supplier has the right, among other things, to refuse to conclude a contract to the counterparty in the following cases:
* Lack of documentary evidence of the authority of the head of the counterparty, a copy of a document proving his identity;
* Lack of documentary evidence of authority of the representative of the counterparty, copies of the document proving his identity;
* Lack of information about the actual location of the counterparty, as well as the location of the warehouse and / or production and / or retail space;
* Lack of information on the state registration of the counterparty in the Unified State Register of Legal Entities (according to the official website of the Federal Tax Service);
* Lack of confirmation of the possibility of the counterparty actually fulfilling the terms of the contract (for example, the lack of a valid license for the purchase, storage and supply or retail sale of alcoholic beverages);
* The presence of facts indicating violation of financial discipline by the counterparty (for example, the presence of lawsuits, enforcement proceedings in connection with non-fulfillment, improper fulfillment by the counterparty of financial obligations to other suppliers, the budget);
* Counterparty’s financial and economic activities at a loss for 2 or more calendar years.
7. As an additional advantage of the counterparty in the selection for the conclusion of a supply contract, one or more of the following indicators may be considered:
* The presence of positive feedback from the partners of the Supplier on the observance of financial discipline by the counterparty;
* The ability to ensure trade and credit terms of the contract by the counterparty;
* Providing the Supplier with the opportunity to promote goods within the trading network of the counterparty;
* Providing counterparty own investment in the promotion of goods;
* High revenue counterparty from the retail sale of alcoholic beverages;
* A wide representation of the branches of the distribution network with a license for the retail sale of alcoholic beverages in the Russian Federation;
* A low number of contracts with the main competitors of the Supplier;
* Availability of own vehicles for the delivery of goods;
* Counterparty market share for the last reporting period (according to AC Nielson);
* The number of years in business;
* Quality management and trading team;
* The desire and desire of the counterparty to expand the geography of economic activity and the scale of financial operations;
* The presence of a mutually beneficial cooperation approach;
* Service level for counterparty buyers.
8. The supplier agrees to maintain confidentiality of information provided by the counterparty to participate in the selection for the conclusion of a supply contract.
Based on the results of consideration by the authorized person (s) of the Supplier of the terms of the counterparty’s commercial offer, as well as analysis of the reliability and stability of his business, the Supplier decides on the possibility of concluding a delivery contract with the counterparty, which he informs about using any convenient means of communication.
Essential terms of the contract.
The essential terms of the contract are the conditions on its subject matter, the conditions called essential in the law for contracts of this type, as well as those conditions that the parties define as significant (Article 432 of the Civil Code of the Russian Federation).
For the supply contract, the conditions on the subject (name of the goods) and on the quantity (clause 3 of article 455, article 465 of the Civil Code of the Russian Federation), as well as the condition on the date of transfer of the goods (article 506 of the Civil Code of the Russian Federation) are essential.
In the event that during the conclusion of the supply contract between the parties there were disagreements on certain terms of the contract, the party that proposed to conclude the contract and received from the other party a proposal to agree on these terms in a different version should, within thirty days from the date of receipt of this proposal, if a different deadline not established by law or not agreed by the parties, take measures to agree on the relevant terms of the contract or notify the other party of the refusal to conclude it (Article 507 of the Civil Code of the Russian Federation)
2. In the event that a complete set of necessary documents is provided and the counterparty meets the requirements, the company enters into a supply agreement with the counterparty in the manner prescribed by the Civil Code of the Russian Federation, in compliance with the provisions of the Federal Law of December 28, 2009 No. 381-ФЗ “On the Basics of State Regulation of Trading Activities in the Russian Federation ”and Federal Law of July 26, 2006 No. 135-ФЗ“ On Protection of Competition ”. The company may offer to conclude a counterparty contract on a prepayment basis if there is any doubt that the counterparty fully meets the criteria of a reliable partner.
Standard forms of supply contracts are available on the company’s website: fapkyakutia.ru
The company has the right to conclude a supply contract in the form provided by the counterparty, if the terms of such a contract are acceptable to the company.
4. Disclosure of this information on the conditions for selecting counterparties for concluding a supply contract is not a public offer.
5. The company has the right at any time to revise these conditions, to make changes and additions to them.
FORM for the supply of alcohol 2020
FORM for the supply of beer and soft drinks for 2020
INFORMATION ON THE CONDITIONS FOR THE SELECTION OF CONTRACTORS DELIVERYING THE FOOD PRODUCTS TO CONCLUDE THE CONTRACT OF THE DELIVERY OF FOOD PRODUCTS, ON THE ESSENTIAL CONDITIONS OF SUCH AGREEMENT
(Part 2 of Article 9 of the Federal Law of December 28, 2009 N 381-ФЗ “On the Basics of State Regulation of Trade Activities in the Russian Federation”)
In pursuance of Federal Law No. 381-ФЗ dated December 28, 2009 “On the Basics of State Regulation of Trade Activities in the Russian Federation”, Fakpak Yakutia JSC (hereinafter referred to as the “Company”) approved the following rules for concluding food supply contracts with business entities engaged in supplies of food products (“hereinafter referred to as“ Counterparty ”):
1. Terms of selection of the Counterparty for the conclusion of the contract for the supply of food products.
2. Essential terms of the food supply contract.
3. Information on the quality and safety of food products
1. Conditions for selecting a counterparty to conclude a food supply contract
1.1. The completeness and extension of the assortment in this product category
1.2. The counterparty must be registered in the manner prescribed by law.
1.3. The counterparty is obliged to provide duly certified copies of the following documents:
FOR LEGAL ENTITIES:
– Extract from the Unified State Register of Legal Entities (USRLE) (no later than 1 month, all pages);
– Charter (all pages);
– Certificate of state registration as a legal entity (PSRN);
– Certificate of tax registration (TIN);
– In the event that a legal entity is a VAT payer, it is obliged to provide a VAT return for the last reporting period with a mark by the Federal Tax Service on acceptance (cover page);
– A document confirming the authority of the executive body;
– A power of attorney or other document confirming in accordance with the law the authority of the person signing the documents;
– Observance of special rules for the turnover of alcoholic beverages, including the fixation of such a turnover in EGAIS, for which a counterparty code is provided in EGAIS (if alcohol is supplied);
FOR INDIVIDUAL ENTREPRENEURS:
* Certificate of state registration of an individual as an individual entrepreneur (PSRN);
* Notification of registration with a tax authority in the Russian Federation (TIN);
* Extract from the Unified State Register of Individual Entrepreneurs (EGRIP) (no later than 1 month, all pages);
* In the event that an individual entrepreneur is a VAT payer, he is obliged to provide a VAT return for the last reporting period with a mark of acceptance by the Federal Tax Service (title page);
* Power of attorney for the person signing the documents, if it is different from the Individual Entrepreneur;
* Copies of passport pages – page spread with photo and registration.
The Company has the right to request other documents confirming the legal status of the Counterparty or its financial condition.
1.4. Qualitative characteristics of the goods offered by the supplier. Comparing it with similar products in a product group.
1.5. Compliance of the products offered by the supplier with the technological standards necessary for modern trade (packaging, barcode, information on the packaging).
1.6. Availability of a license to carry out activities (provided that the activities of the Supplier are subject to licensing in accordance with Federal Law No. 128-ФЗ dated 08.08.2001 “On Licensing of Certain Types of Activities”)
The Company enters into agreements with Counterparties in strict accordance with applicable law, based on the principles of free will and mutually beneficial cooperation.
The company purchases any types of food products that are not withdrawn from circulation and are not under encumbrance.
2. Essential terms of the food supply contract
The essential terms of the contract are:
2.1. The subject of the contract is a condition about the product, its name, quantity, and quality.
When establishing the subject of the contract, the parties must accurately indicate the name of the product (product) that does not allow substitution, as well as the numbers of standards, specifications, articles and other necessary documents for compliance with which it is necessary to check the received product (goods).
Another condition that is included in the subject of the contract is the quality condition. The quality (Article 469) of the delivered goods means the conformity of its properties to the level of requirements of the contract or the law, as well as a set of features that determine its suitability for intended use.
According to Art. 469 of the Civil Code of the Russian Federation, the seller is obliged to transfer to the buyer goods that are of appropriate quality.
In accordance with the Civil Code of the Russian Federation, in the absence of conditions on the quality of the goods in the contract, the seller is obliged to transfer to the buyer goods that are suitable for the purposes for which goods of this kind are usually used.
2.2. Delivery time – the time periods agreed upon by the parties and provided for in the contract during which the seller must transfer the goods to the buyer.
2.3. Place of delivery: Company warehouse indicated in its application
3. Information on the quality and safety of food products
All food products supplied by the Counterparties must comply with the conditions that meet sanitary and hygienic requirements, the norms of the production process defined for each product.
The goods must comply with GOST, OST, TU, legislation on technical regulation, conditions and goals of the Agreement. It must be accompanied by a certificate of conformity (quality), a certificate of quality and safety, a test report, a hygienic certificate, a veterinary certificate and a certificate, a quality certificate, a fire safety certificate, license, technical passport, instructions for use with the contents of the specifications, packing label, instructions for use, assembly and operation and other relevant documents required by law.
QUALITY AND SAFETY INFORMATION OF THE SUPPLIED GOODS
(copies of current certificates and other documents)
beer and soft drinks production
REGULATIONS ON THE COMMISSION TO COMBAT CORRUPTION IN JSC FAPK “YAKUTIA”
provision on commission
REGULATIONS ON THE INTERACTION OF JSC FAPK “YAKUTIA” WITH LAW ENFORCEMENT BODIES ON THE PREVENTION AND COMBAT AGAINST CORRUPTION
interaction plan
STANDARD OF ANTI-CORRUPTION BEHAVIOR OF WORKERS OF JSC FAPK “YAKUTIA”
standard