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

Since the time of the Roman Empire, where Roman private law developed, the institution of contractual legal relations has become one of the most important in everyday life of people. In treaties for centuries, these or other social relations were realized. This institute is interesting in that it regulates only those legal relations that were indicated in it by the parties. Contract law emerged from the concept of a treaty, which, in fact, is an agreement between the two parties to establish, terminate or change the 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 a kind of branch of sales contracts. Nevertheless, agreements on the supply of building materials have certain legal features. All features of contracts for the supply of construction materials will be examined and analyzed in the article with the purpose of revealing the characteristic differences of this type of legal relationship.

General characteristics of contracts

In civil law of the Russian Federation, the rules of the institution of contractual law are fixed 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 change certain rights and duties. Also, the analysis of modern legislation makes it clear that treaties, contract law is an institution of the law of obligations, therefore the general provisions on obligations are applicable absolutely to any contracts. The parties are free to regulate legal relations based on the principle of freedom of contracts. But it should be noted that the parties can enter into agreements that are not stipulated by law, but they can not contradict the basic principles and conditions of existing laws.

Features of sales contracts

It is necessary to understand the essence and peculiarities of sales contracts, before describing the contract of supply. GK contains information on supply agreements in Chapter 30. According to general features (Article 454), through such contracts one of the parties undertakes to transfer any thing. The other undertakes to accept this thing and pay it by depositing a sum of money. In the contract there should be a characteristic of the thing (things). According to Article 455 of the Civil Code of the Russian Federation, the contract of sale consists in relation to the thing that exists with the seller at the time of the direct conclusion of the agreement, or that which will be acquired, created by the seller in the future. These conditions must be specified in any sales agreement. Contracts of supply have a different legal nature and conditions.

General characteristics of supply contracts

The supply is an integral part of any kind of entrepreneurial activity. It allows you to get the necessary goods, raw materials, materials and so on. These relations 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 supply contracts, in which parties, terms of the contract, duties and rights of the parties are prescribed. The contract provides for the presence of two main parties: the supplier and the buyer. The former undertakes to transfer the goods that it produces or buys within a certain period for their further use in business or for another purpose that should not be related to family or home interests. It should be noted that the seller should be a person who is an entrepreneur. There is a sample contract for the supply of building materials, which is often called a model. In this case, general terms of delivery apply to this agreement , and construction materials are merely the subject of contractual relations.

Norms used in drafting a supply contract

The rules of law that are manifested in the contract are the legal framework in which an agreement between the two parties can exist. These limits are regulated by the civil legislation of the Russian Federation. By its legal force, there are two types of rules that can be implemented in supply contracts: imperative and dispositive.

Imperative norms are mandatory. They show the predominant role of law over social relations, which are fixed in the contract. Imperative norms are carried out without fail and do not depend on the will of the parties. An example of such norms is the obligation of the parties to take into account essential conditions at the time of concluding the contract .

Dispositive norms are directly opposite imperative. They allow the parties to freely express their will. Due to the dispositive norms, the parties are given the opportunity to significantly expand the supply contract. The form of such an agreement can be supplemented with 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 characteristics that other subspecies of sales agreements do not possess. From here one can distinguish the following characteristic aspects:

• First of all, the supply contract is a way of buying a certain product, which in the future should be used for entrepreneurial purposes. 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 entrepreneurial activity.
• Essential conditions of the contract for the supply of building materials can be supplemented by special (additional) points, if they do not contradict the norms of the Civil Code. This aspect emerges from the general principle of freedom of contractual legal relations.

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

Subject of the contract

Given the general requirements for all supply contracts that are prescribed in the Civil Code, we can conclude that the supply of construction materials is the same. The subject of the contract can be produced or purchased by the supplier. For building materials, the generic features of the object, as well as movability, are characteristic. The subject of the contract must comply with state standards, and all suppliers must pass a special certification, which allows you to manufacture construction materials. If the supplier is a buyer, then he must have all the necessary documents that will confirm the proper quality of the subject matter of the contract and the manufacturer's right.

Terms of contract for the supply of building materials

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

• Product information. Each such clause of the contract contains statements on the quantity, quality, assortment and other features of the supplied building materials.
• The term of the contract for the supply of construction materials may be established by the parties at the time of its conclusion, but this condition must be included without fail. The time frame is established within the calendar period or until the occurrence of a certain event, date. The term of the contract helps to establish the delivery process.
• The order of payment and delivery. Payment can be made in the forms specified in the contract, for example, at the time of shipment or by payment orders.

Essential conditions must necessarily contain any supply contract. The form of such an agreement, in which at least one of the essential conditions is missing, will not have any legal force. In fact, a supply contract without essential conditions is not a contract at all.

Additional conditions

In the supply contract, there may well be other, additional conditions. With their help, those issues are regulated, to which the parties wish to pay their direct attention. Their presence in the contract is not necessary, so the parties may not take into account additional conditions in general. In this case, absolutely all the provisions that are not essential relate to the category of additional ones, for example:

• Responsibility of the parties;
• delivery conditions;
• Packing of goods, insurance;
• The process of transfer of ownership;
• Quality of building materials that are supplied.

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

Delivery procedure

The order of delivery is prescribed in the agreement discretely, taking into account the interests of the parties. At the same time, the buyer must submit a schedule of deliveries of construction materials, which will be based on quarterly monthly or other specifications. The existence of a time frame is a prerequisite, which contains a supply contract. The supplier in accordance with this schedule undertakes to make a centralized delivery of construction materials no later than the stipulated time. The schedule can be considered accepted if the buyer has no comments.

Form of contract for the supply of building materials

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

Standard contracts for the supply of building materials

Very often, the parties that conclude the contract, there are questions about the conditions and the order of its drafting. To avoid such cases, you can always use a sample contract for the supply of building materials. At the same time, it is necessary to take into account the fact that the conditions in such contracts are purely informative, auxiliary. 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 will be able to correctly and correctly resolve their interests.

Conclusion

So, in the article, the features, the main aspects, the sample contract for the supply of building materials were considered. With the help of this agreement, the parties can establish and regulate among themselves the supply of building materials necessary for the implementation of entrepreneurial activities. The contract for the supply of building materials occupies an important place in the institution of contract law of civil legislation of the Russian Federation.