Provision of services for civil liability insurance. Model contract for the provision of civil liability insurance services

STANDARD CONTRACT FOR THE PROVISION OF SERVICES ON MANDATORY INSURANCE OF CIVIL LIABILITY INSURANCE ___________________________________ in the name of _______________________________________ in the name of __________________________________ region in accordance with the Regulation on ______ (charter), approved by ______________, represented by ________________, acting on the basis of ____________________, on the one hand, and ___________________ (for legal entities the full name, organizational and legal form, OGRN are indicated; for individual entrepreneurs - surname, name, patronymic, main state registration number individual entrepreneur(OGRNIP); for individuals - surname, first name, patronymic, details of the identity document), hereinafter referred to as the "Contractor", represented by ___________________, acting on the basis of _____________, on the other hand, together referred to as the "Parties" and each separately "Party", on the conditions stipulated by the notice of the procurement (invitation to take part in the determination of the Contractor), the procurement documentation, the application (the final proposal of the procurement participant (this condition is not indicated in cases where the notice of the procurement or the invitation to take part in the determination of the Contractor, documentation of procurement, application, final proposal of the procurement participant are not provided), in compliance with the requirements of the Civil Code Russian Federation, Federal Law of 05.04.2013 No. 44-FZ "On the contract system in the procurement of goods, works, services for the provision of state and municipal needs"(hereinafter referred to as the Law on the Contract System), based on the results of determining the contractor by conducting _________ minutes No. _______ dated _____, concluded this Contract (hereinafter referred to as the Contract) on the following: Article 1. Subject of the Contract 1.1. The Insurer undertakes to provide services on the instructions of the Insured for compulsory insurance of civil liability of owners Vehicle(hereinafter "OSAGO") specified in Appendix 1 to the Contract. 1.2. The subject of the Contract is the obligations of the Insurer for the fee specified in the Contract ( insurance premium) make payment of the sum insured as a result of the occurrence insured event when using vehicles belonging to the Insured on the territory of the Russian Federation. 1.3. The object of insurance under the Contract is the property interests of the Insured associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation. 1.4. The contract was concluded in accordance with the requirements of the Federal Law of 25.04.2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" on the basis of the Rules compulsory insurance civil liability of vehicle owners approved by Decree of the Government of the Russian Federation of 07.05.2003 No. 263 (hereinafter referred to as the Rules), insurance rates for compulsory insurance of civil liability of vehicle owners, approved by Resolution of the Government of the Russian Federation of 08.12.2005 No. 739. 1.5. When concluding the Contract, the Insurer transfers to the Policyholder an insurance policy, which is a document certifying the implementation of compulsory insurance. Article 2. Insured event 2.1. The insured event is the infliction of harm to the life, health or property of the victim as a result of a road traffic accident (RTA) with the participation of the vehicle specified in Appendix No. 1, during the period of the OSAGO by the Insured, which entails the obligation of the Insurer to make an insurance payment. 2.2. Also, in accordance with the Contract, the insurance does not cover damage caused as a result of: a) force majeure or intent of the victim; b) exposure to a nuclear explosion, radiation or radioactive contamination; c) military actions, as well as maneuvers or other military measures; d) civil war, civil unrest or strikes; e) damage caused to property belonging to the person responsible for the damage caused is not compensated. 2.3. The occurrence of civil liability of vehicle owners does not apply to insured events due to: a) damage caused when using a vehicle other than that specified in Appendix 1 to the Contract; b) infliction of moral harm or the emergence of an obligation to compensate for lost profits; c) causing harm when using vehicles during competitions, tests or training driving in specially designated places; d) pollution of the environment; e) causing harm as a result of the impact of the transported cargo, if the risk of such liability is subject to compulsory insurance in accordance with the legislation of the Russian Federation on the corresponding type of compulsory insurance; f) causing harm to the life or health of employees in the performance of their labor duties, if this harm is subject to compensation in accordance with the legislation of the Russian Federation on the appropriate type of compulsory insurance or compulsory social insurance; g) the occurrence of the obligation to reimburse the Insured for losses caused by causing harm to his employee; h) infliction by the driver of the Insured of harm to the vehicle he drives and the trailer to it, the cargo carried in them, the equipment installed on them; i) causing harm when loading cargo onto a vehicle or unloading it; j) causing harm when a vehicle moves through the internal territory of the organization; k) damage or destruction of antiques and other unique items, buildings and structures of historical and cultural significance, items made of precious metals and precious and semiprecious stones, cash, valuable papers, objects of religious worship, as well as works of science, literature and art, other objects of intellectual property; l) the occurrence of the obligation of the Insured to compensate for harm in the part exceeding the amount of liability provided for in Chapter 59 "Obligations due to damage" of Part II of the Civil Code of the Russian Federation (if a higher amount of liability is established by federal law or contract). Article 3. Sum insured and the Contract Price (insurance premium) and the procedure for its payment 3.1. The sum insured, within which the Insurer, upon the occurrence of each insured event (regardless of their number during the term of the Contract), undertakes to compensate the injured for the damage caused, is one insurance policy in accordance with Federal law dated 25.04.2002 No. 40-FZ "On compulsory insurance of civil liability of vehicle owners": a) in terms of compensation for harm caused to the life or health of each victim, no more than 160 thousand rubles; b) in terms of compensation for damage caused to the property of several victims, not more than 160 thousand rubles; c) in terms of compensation for damage caused to the property of one victim, no more than 120 thousand rubles. 3.2. The price of the Contract is the total amount of the annual insurance premium in the amount of - _______________ (___________________________) rubles. ____ cop., offered by the Insurer in accordance with his application for participation in the purchase and including all mandatory payments (taxes, fees, duties) that the Insurer will need to pay in the performance of this Contract, as well as all other expenses that the Insurer may incur in connection with the performance of the Contract. The Contract price is fixed and is determined for the entire duration of the Contract. Source of financing: ___________________________________________. 3.3. Payment under the Contract is made in rubles of the Russian Federation. 3.4. The insurance premium under the Contract is determined in accordance with the Rules of Compulsory Civil Liability Insurance of Vehicle Owners, approved by Decree of the Government of the Russian Federation No. 263 dated 07.05.2003. 3.5. The insurance premium is paid on the basis of 100% advance payment for each vehicle, on the basis of an invoice issued no later than 10 (ten) business days before the start of the insurance period. The advance payment is transferred within 10 (ten) business days from the date of invoicing. 3.6. The date of payment of the insurance premium by the Insured is the day of receipt of funds to the account of the Insurer. 3.7. A change in insurance rates during the term of the Contract does not entail a change in the insurance premium paid by the Policyholder under the Contract. Article 4. Territory of insurance coverage 4.1. The territory of the insurance coverage is the territory of the Russian Federation. Article 5. Procedure for issue insurance policy 5.1. The insurance policy is issued upon the written application of the Insured, drawn up in the form approved by the federal executive body authorized by the Government of the Russian Federation. 5.2. Together with the specified application, the Insured submits copies of the following documents to the Insurer: certificate of state registration of a legal entity; vehicle registration document issued by the vehicle registration authority (vehicle passport, vehicle registration certificate, technical certificate, technical coupon or similar document); a diagnostic card containing information on the vehicle's compliance with the mandatory vehicle safety requirements. 5.3. Compulsory insurance policy is issued to the Policyholder for each vehicle specified in Appendix 1. 5.4. The period of validity of compulsory insurance for each vehicle is indicated in the corresponding policy and ends at 24 hours of the day, which are indicated in the policy as the day of expiry of the policy. 5.5. The insurance policy of compulsory insurance is transferred by the Insurer to the Insured within one working day from the moment of receipt of funds to the current account of the Insurer. Along with the insurance policy, the Insurer transfers to the Policyholder established form 2 forms of notification of a road traffic accident and a special sign of the state standard. In the future, traffic accident notification forms are issued by the Insurer free of charge at the request of the Insured. 5.6. During the period of validity of the policy, the Policyholder is obliged to immediately inform the Insurer in writing about the change in the information specified in the application for issuance of the policy. 5.7. The Policy is terminated early in the cases provided for by the Rules. Article 6. Procedure and terms of acceptance of Services 6.1. Upon receipt of the insurance policy, the Insurer, together with the Insured, checks the information entered into the policy for compliance with the data entered into it and signs an act on the services rendered for the amount of the insurance premium paid by the Insured. In case of non-compliance of the policy data with the terms of the Contract, the Insurer eliminates the deficiencies by issuing a proper insurance policy within the time frame agreed by the parties. 6.2. Within 15 (Fifteen) calendar days after the expiration of all policies issued under the Contract, the Insurer shall send the Insured two copies of the Certificate of Services rendered for signing. The policyholder signs the specified act within 5 (five) working days from the date of its receipt. If there are disagreements, the Insured makes a corresponding note in the act and sends the signed act and the corresponding claim to the Insurer. 6.3. To check the results provided by the Insurer, stipulated by the Contract, in terms of their compliance with the terms of the Contract, the Insurer conducts an examination. The examination of the results provided for by the Contract may be carried out by the Insured on its own, or experts, expert organizations may be involved in its conduct on the basis of Contracts concluded between the Insured and an expert, an expert organization in accordance with the law on the Contract System. 6.4. The Certificate of Services Rendered signed by the Policyholder and the Insurer and the invoice presented by the Insurer to the Policyholder for payment of the Contract Price are the basis for payment to the Insurer for the Services rendered. Article 7. Rights and obligations of the Parties 7.1. The policyholder has the right to: 7.1.1. Demand from the Insurer the proper performance of obligations in accordance with the Contract and its annexes. 7.1.2. Provide the Insurer with the documentation necessary for the provision of the Services under the Contract (if any). 7.1.3. Request information from the Insurer on the progress and status of the Services provided. 7.1. 4. In case of loss of the insurance policy of compulsory insurance and a special sign of the state standard, the Insured has the right to receive their duplicates. In this case, the second and subsequent duplicates are issued to the Insured for a fee, calculated based on the costs of their production. 7.1.5. Make a decision on unilateral refusal to perform the Contract in accordance with the provisions of Article 95 of the Law on the Contract System. 7.1.6. By agreement with the Insurer, change the essential terms of the Contract in cases where established by law about the Contract System. 7.1.7. Enjoy other rights established by the Contract and the legislation of the Russian Federation. 7.2. The policyholder is obliged to: 7.2.1. Inform the Insurer in writing about the deficiencies discovered in the course of the provision of the Services within 3 (three) business days after the discovery of such deficiencies. 7.2.2. Make payment of the insurance premium in the manner provided for in clause 3.2. Contract. 7.2.3. Not later than 30 (thirty) working days from the moment the right of claim from the Policyholder arises to pay a forfeit (fine, penalty), send a claim letter to the Insurer demanding payment within 5 (five) working days from the date of receipt of the claim letter of the forfeit (fine, penalty) calculated in accordance with the legislation of the Russian Federation and the terms of the Contract. 7.2.4. If the Insurer fails to pay the forfeit (fine, penalty) within 10 (ten) working days from the expiration date for the payment of the forfeit (fine, penalty) specified in claim letter , as well as in the event of a complete or partial unmotivated refusal to satisfy the claim, or failure to receive a response to the claim in time, send a statement of claim to the court demanding payment of a forfeit (fine, penalty) calculated in accordance with the legislation of the Russian Federation and the terms of the Contract. 7.2.5. Within 40 (forty) working days from the date of actual fulfillment of obligations by the Insurer, take the necessary measures to collect a forfeit (fine, penalty) for the entire period of delay in the fulfillment of obligations stipulated by the Contract, namely, demand payment of a forfeit (fine, penalty) calculated in accordance with the legislation of the Russian Federation and the terms of the Contract for the entire period of delay in performance, and in case of non-payment by the Insurer of the forfeit (fine, penalty) within the specified period, send a statement of claim with the relevant requirements to the court. 7.2.6. When sending a statement of claim to the court with requirements to terminate the Contract, simultaneously declare claims for payment of a forfeit (fine, penalty) calculated in accordance with the legislation of the Russian Federation and the terms of the Contract. 7.2.7. Ensure that drivers of vehicles who are in labor relations with him are familiar with the Rules. 7.2.9. In the event of an insured event (RTA), the Insured party to this RTA must take measures and fulfill the obligations stipulated by the Traffic Rules of the Russian Federation, approved by the Resolution of the Council of Ministers - the Government of the Russian Federation dated 23.10.1993 No. 1090, as well as take the necessary measures in the current circumstances with in order to reduce possible losses from the accident, write down the names and addresses of eyewitnesses and indicate them in the accident notification, take measures to draw up documents on the accident in accordance with the Rules. 7.2.10. In the event of an insured event (RTA), immediately inform the Insurer about it. 7.2.11. Ensure the confidentiality of information provided by the Insurer in the course of fulfilling obligations under the Contract. 7.2.10. Perform other obligations stipulated by the legislation of the Russian Federation and the terms of the Contract. 7.3. The insurer has the right to: 7.3.1. To request the documents available from the Insured, necessary for the provision of Services under the Contract, as well as clarifications and clarifications regarding the subject of the Contract. 7.3.2. Require timely payment for the Services provided in accordance with clause 3.2. Contract. 7.3.3. Ask the Insurer in writing for clarifications and clarifications regarding the provision of Services under the Contract. 7.3.4. Make a decision on unilateral refusal to perform the Contract in accordance with the provisions of Article 95 of the Law on the Contract System. 7.3.5. Demand payment of penalties (fines, penalties) in case of delay in the performance of the Policyholder's obligations under the Contract, as well as in other cases of non-performance or improper performance by the Policyholder of the obligations provided for in the Contract, demand payment of penalties (fines, penalties). 7.3.6. Make a decision on unilateral refusal to perform the Contract in accordance with the provisions of Article 95 of the Law on the Contract System. 7.4. The insurer is obliged to: 7.4.1. Timely, properly and in full to provide the Services in accordance with the terms of the Contract and its annexes. 7.4.2. Carry out compulsory civil liability insurance of the Insured, while the document certifying the implementation of the latter is an insurance policy issued by the Insurer in the form prescribed by law for the vehicle (s) operated by the Insured, specified in Appendix 1 to the Contract. 7.4.3. Upon the occurrence of each insured event (regardless of their number during the validity period of the OSAGO), reimburse the injured persons for the damage caused in the amount, in the manner and within the time limits stipulated by the legislation of the Russian Federation or reasonably refuse to pay insurance coverage according to the rules. 7.4.4. Consider the application for insurance payment and the documents attached to it within 5 (five) working days from the date of their receipt. In the event of an insured event, make a payment or reasonably refuse the above payment, in accordance with the Rules. 7.4.5. In the event of an insured event, arrange for an emergency commissioner and a tow truck to leave, if necessary. 7.4.6. Ensure the round-the-clock operation of the dispatch service and provide a round-the-clock guaranteed opportunity to communicate with the dispatcher by phone and fax. 7.4.7. Provide the Insured with information about the change in its actual location no later than 5 (five) days from the date of the corresponding change. In case of failure to submit a notice of change of address within the specified period, the actual location of the Insurer will be deemed to be the address specified in the Contract. 7.4.8. Provide security for the execution of the Contract in the cases established by the Law on the Contract System and the Contract. 7.4.9. Inform the Insurer about the impossibility to provide the Services of proper quality in the proper volume, within the terms stipulated by the Contract, indicating the reasons. 7.4.10. Provide the Insured with information about the change in its actual location no later than 5 (five) days from the date of the corresponding change. In case of failure to provide a notice of change of address within the specified time period, the actual location of the Policyholder will be the address specified in the Contract. 7.4.11. To fulfill other obligations stipulated by the current legislation and the Contract. 8. Payment insurance compensation 8.1. If the victim is injured or otherwise damaged his health, the compensation is subject to the lost earnings (income), which he had or definitely could have on the day of causing him harm, as well as additional costs incurred caused by damage to health, including the cost of treatment, additional food , purchase of medicines, prosthetics, outside care, spa treatment, purchase of special vehicles, preparation for another profession, if it is established that the victim needs these types of assistance and care and is not entitled to receive them free of charge. 8.2. In the event of damage to the victim's property, the following shall be reimbursed within the limits of the insured amount: a) real damage; b) other expenses incurred by the victim in connection with the harm caused (evacuation of a vehicle from the scene of a road traffic accident, storage of a damaged vehicle, delivery of victims to a medical institution, etc.). 8.3. The insurer considers the application of the victim for insurance payment and the documents provided for by the rules of compulsory insurance, attached to it within 5 (five) working days from the date of their receipt. Within the specified period, the Insurer is obliged to make an insurance payment to the victim or send him a reasoned refusal to make such payment. 8.4. Insurance payment produced by cashless payments... Article 9. Liability of the Parties 9.1. For non-performance or improper performance of their obligations established by the Contract, the Parties are responsible in accordance with the legislation of the Russian Federation and the Contract. 9.2. In case of delay in the performance by the Customer of the obligations provided for by the Contract, as well as in other cases of non-performance or improper performance by the Customer of the obligations under the Contract, the Contractor has the right to demand payment of penalties (fines, penalties). Penalty interest is calculated for each day of delay in the fulfillment of the obligation provided for by the Contract, starting from the day following the day of the expiration of the deadline for the fulfillment of the obligation established by the Contract. The penalty interest is established by the Contract in the amount of one three hundred of the refinancing rate effective on the date of payment of the penalty interest The central bank Of the Russian Federation from the amount not paid on time. Fines in the amount of ___________ rubles. are charged for improper performance by the Customer of the obligations stipulated by the Contract, with the exception of the delay in the performance of the obligations provided for by the Contract. (The amount of the fine is determined in accordance with the procedure established by the Decree of the Government of the Russian Federation dated November 25, 2013 No. 1063 "On approval of the Rules for determining the amount of the fine charged in the event of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (except for delay in performance of obligations by the customer) , supplier (contractor, performer), and the amount of the penalty charged for each day of delay in the performance of the supplier (contractor, performer) of the obligations stipulated by the contract ") 9.3. also in other cases of non-fulfillment or improper fulfillment by the Contractor of the obligations stipulated by the Contract, the Customer shall send to the Contractor a demand for the payment of penalties (fines, penalties). this Contract, starting from the day following the day of expiry of the term for the fulfillment of the obligation established by the Contract, and shall be established by the Contract. (The amount of the penalty is determined in accordance with the procedure established by the Decree of the Government of the Russian Federation dated November 25, 2013 No. 1063 "On approval of the Rules for determining the amount of the fine accrued in the event of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (with the exception of delay in performance of obligations by the customer) , supplier (contractor, performer), and the amount of the penalty charged for each day of delay in the performance of the supplier (contractor, performer) of the obligation stipulated by the contract ", but not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty rate of the contract price , reduced by an amount proportional to the volume of obligations stipulated by the Contract and actually performed by the Contractor) .Fines in the amount of ___________ rubles are charged for non-performance or improper performance by the Contractor of the obligations provided for in the Contract, with the exception of pr delays in the performance by the Contractor of the obligations (including the warranty obligation) provided for by the Contract. (The amount of the fine is determined in accordance with the procedure established by the Decree of the Government of the Russian Federation dated November 25, 2013 No. 1063 "On approval of the Rules for determining the amount of the fine charged in the event of improper performance by the customer, supplier (contractor, performer) of the obligations stipulated by the contract (with the exception of delay in performance of obligations by the customer) , supplier (contractor, performer), and the amount of the penalty charged for each day of delay in performance by the supplier (contractor, performer) of the obligations stipulated by the contract "). minus the corresponding amount of the forfeit (fine, penalty interest). 9.5. Payment by the Party of the forfeit (fine, penalty interest) does not release it from the fulfillment of obligations under the Contract. fulfillment of the obligation under the Contract occurred through the fault of the other party or due to force majeure. Article 10. Enforcement of the Contract 10.1. Enforcement of the Contract is provided to ensure that the Contractor fulfills his obligations under the Contract, including for the performance of such obligations as the provision of Services of proper quality, compliance with the terms of the provision of Services (individual stages), payment of a forfeit (fine, penalties) for non-performance or improper performance of the terms of the Contract , compensation for damage. In the event that the procurement participant with whom the Contract is concluded is a state or municipal government institution, the enforcement of the Contract shall not be applied to such a participant. The execution of the Contract may be ensured by the provision of a bank guarantee issued by the bank and complying with the requirements of Article 45 of the Law on the Contract System, or by depositing funds to the account specified by the Customer, on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the Customer are taken into account. The method of ensuring the execution of the Contract is determined by the Contractor. 10.2. The bank guarantee must be irrevocable and must contain the information specified in the Law on the Contract System. The bank guarantee includes a condition on the Customer's right to uncontested debiting of funds from the guarantor's account, if the guarantor has not fulfilled the Customer's request for payment within 5 (five) working days. sum of money under a bank guarantee sent before the expiration of the bank guarantee. (Indicated if this condition is provided by the Customer in the notice of the procurement, procurement documentation). 10.3. The term of the bank guarantee must exceed the term of the Contract by ______________ (not less than one month). 10.4. The amount of the security for the execution of the Contract is _____% (______ percent), which is __________ (_______) rubles. (If the price offered in the bid of the procurement participant is reduced by twenty-five percent or more in relation to the initial (maximum) price of the Contract, the procurement participant with whom the Contract is concluded provides security for the execution of the Contract, taking into account the provisions of Article 37 of the Law on the Contract System. ) 10.5. In the course of the execution of the Contract, the Contractor has the right to provide the Customer with a security for the performance of the Contract, reduced by the amount of the fulfilled obligations stipulated by the Contract, instead of the previously provided security for the performance of the Contract. In this case, the method of ensuring the execution of the Contract may be changed. 10.6. If, for any reason, the security for the execution of the Contract has ceased to be valid, has expired or otherwise ceased to ensure the fulfillment by the Contractor of his obligations under the Contract, the Contractor undertakes to provide To the Customer, a new proper security for the performance of the Contract on the same conditions and in the same amount. The effect of this clause does not apply to cases where the Contractor provided an unreliable (fake) bank guarantee ... 10.7. Termination of securing the execution of the Contract or securing the execution of the Contract that does not meet the requirements of the Law on the Contract System after the expiration of the period specified in clause 8.6. Of the Contract, is recognized as a significant violation of the Contract by the Contractor and is the basis for termination of the Contract at the request of the Customer with full compensation for damage. 10.8. The term for the customer to return to the Contractor the funds contributed as security for the performance of the Contract (if such a form of security for the performance of the Contract is applied by the Contractor) _____________________. 10.9. In the event of non-fulfillment or improper fulfillment by the Contractor of obligations under the Contract, the security for the fulfillment of the Contract passes to the Customer in the amount of unfulfilled obligations. 10.10. Enforcement of the Contract remains in effect when the legislation of the Russian Federation changes, as well as when the Contractor or the Customer is reorganized. 10.11. All costs associated with the conclusion and execution of contracts and other documents to ensure the execution of the Contract shall be borne by the Contractor. Article 11. Duration, procedure for amendment and termination of the Contract 11.1. The Contract comes into force from the date of its signing by the Parties, and upon conclusion of the Contract based on the results of an electronic auction in accordance with the provisions of parts 7, 8 of Article 70 of the Law on the Contract System. 11.2. The Contract is valid until ____________________, but in any case until the Parties fully fulfill their obligations under the Contract in full. 11.3. Changes to the essential conditions of the Contract during its execution are not allowed, except for their change by agreement of the parties in the cases provided for in part 1 of Article 95 of the Law on the Contract System. 11.4. The contract can be terminated: - by agreement of the Parties; - in case of unilateral refusal by the Party to execute the Contract; - By the tribunal's decision. 11.5. Termination of the Contract by agreement of the Parties is carried out by signing an appropriate termination agreement. The Party to which the proposal is sent to terminate the Contract by agreement of the Parties must give a written response in essence no later than 5 (five) calendar days from the date of its receipt. 11.6. In case of termination of the Contract on the initiative of any of the Parties, a reconciliation of settlements is made, which confirms the volume of the Services provided by the Contractor. 11.7. The parties have the right to decide on a unilateral refusal to perform the Contract on the grounds provided for by the civil code of the Russian Federation for a unilateral refusal to perform certain types obligations. 11.8. The Customer is obliged to take a decision on unilateral refusal to execute the Contract if during the execution of the Contract it is established that the Contractor does not comply with the requirements for procurement participants established by the procurement documentation or provided inaccurate information about his compliance with such requirements, which allowed him to become the winner of the Contractor's determination. 11.9. Unilateral refusal by a party to execute the Contract is carried out in the manner prescribed by Article 95 of the Law on the Contract System 11.10. In the event of termination of the Contract due to the unilateral refusal of a party to the Contract to perform the Contract, the other party to the Contract shall have the right to demand compensation only for the actual damage incurred directly caused by the circumstances that are the basis for making a decision on unilateral refusal to perform the Contract. 11.11. The Contractor is obliged to return the advance payment issued in accordance with the Contract to the customer to the bank account indicated by him within 5 (five) banking days from the moment of termination of the Contract. The moment of termination of the Contract is determined in accordance with the procedure established by the current civil legislation of the Russian Federation. (To be specified if the condition on the advance payment was established) Article 12. Force majeure circumstances 12.1. The Parties are exempt from liability for partial or complete failure to fulfill obligations under the Contract if it was the result of force majeure circumstances, namely, extraordinary and unavoidable circumstances under the given conditions: natural disasters (earthquakes, floods, fires, etc.), actions of objective external factors (military operations, acts of state power and management, etc.), as well as other extraordinary circumstances, confirmed in accordance with the procedure established by law, preventing the proper fulfillment of obligations under the Contract, which arose after the conclusion of the Contract, for the duration of these circumstances, if these circumstances directly influenced the performance by the Parties of their obligations and which the Parties were unable to foresee and prevent. 12.2. If, as a result of force majeure circumstances, the provided Services have suffered significant, in the opinion of one of the Parties, damage, then this Party is obliged to notify the other Party within 3 days, after which the Parties are obliged to discuss the expediency of further continuation of the provision of the Services and conclude an additional agreement with a mandatory indicating new volumes, terms and cost of the Services, which from the moment of its signing becomes an integral part of the Contract, or terminate the Contract. If the circumstances specified in clause 10.1. Will last more than 2 (two) calendar months from the date of the corresponding notification, each of the Parties has the right to terminate the Contract without claiming compensation for losses incurred in connection with the occurrence of such circumstances. 12.3. If, in the opinion of the Parties, the provision of the Services can be continued in accordance with the Contract prior to the onset of force majeure circumstances, then the term for fulfilling the obligations under the Contract is extended in proportion to the time during which the force majeure circumstances and their consequences were in force. Article 13. Procedure for the settlement of disputes 13.1. In the event of any contradictions, claims and disagreements, as well as disputes related to the execution of the Contract, the Parties shall make efforts to resolve such contradictions, claims and disagreements in voluntarily with the execution of a joint protocol for the settlement of disputes. 13.2. All agreements reached by the Parties shall be formalized in the form of additional agreements signed by the Parties and sealed with seals. 13.3. Before the dispute is submitted for resolution by the Arbitration Court of the Irkutsk Region, the Parties will take measures to resolve it in a claim procedure. 13.3.1. The claim must be made in writing. On the received claim, the Party must give a written answer on the merits no later than 15 (fifteen) calendar days from the date of its receipt. Leaving a claim unanswered within the specified time period means acceptance of the claims of the claim. 13.3.2. The claim must contain: name, postal address and details of the organization (institution, enterprise) that submitted the claim; name, postal address and details of the organization (institution, enterprise) to which the claim is sent. 13.3.3. If the claim is subject to a monetary value, the claim shall indicate the required amount and its full and reasonable calculation. 13.3.4. In support of the stated requirements, the claim must be accompanied by properly executed and certified necessary documents or extracts from them. The claim may contain other information that, in the opinion of the applicant, will contribute to a faster and more correct consideration of it, an objective settlement of the dispute. 13.4. In the event that the Parties fail to fulfill their obligations and fail to reach mutual agreement, disputes under the Contract shall be resolved in Arbitration court Irkutsk region. Article 14. Other conditions 14.1. All notifications of the Parties related to the execution of the Contract shall be sent in writing by registered mail with a receipt acknowledgment to the address of the Party specified in the Contract, or using facsimile communication, e-mail with the subsequent submission of the original. In the case of sending notifications using mail, the date of receipt of the notification is the date of receipt by the sending Party of confirmation of delivery to the second Party of the specified notification or the date of receipt by the Party of information about the absence of the addressee at his address specified in the Contract. If it is impossible to receive the specified confirmation or information, the date of such a proper notification shall be the date after the expiration of 14 (fourteen) calendar days from the date of sending the notification by mail by registered mail with acknowledgment of receipt. In the case of sending notifications by fax and e-mail, the notifications are considered received by the Party on the day they were sent. 14.2. The contract is drawn up in 2 (two) copies, one for each of the Parties, having the same legal force. And in the case of the conclusion of the Contract based on the results of the electronic auction, the Contract is concluded in electronic form in the manner prescribed by Article 70 of the Law on the Contract System. 14.3. In the event of a change of the Customer under the Contract, the rights and obligations of the Customer under the Contract shall pass to the new Customer in the same volume and on the same conditions. 14.4. During the execution of the Contract, it is not allowed to change the Supplier, unless the new Supplier is the legal successor of the Supplier under the Contract as a result of the reorganization of a legal entity in the form of transformation, merger or acquisition. 14.5. In everything that is not provided for by the Contract, the Parties are guided by the legislation of the Russian Federation. 14.6. The integral parts of the Contract are: Appendix 1 Information about vehicles. Appendix 2 Information about round-the-clock dispatching services to support an insured event. Appendix 3 Information on separate subdivisions on the territory of Irkutsk and Irkutsk region Article 14. Addresses, requisites and signatures of the Parties Insurer: Insurer: Addresses: Addresses: - legal: - legal: - actual: - actual: Phone ________, fax ______ Phone ________ , fax ______ E-mail address: E-mail address: Recipient: l / s _________ Recipient: l / s __________ PSRN _____________________ PSRN _____________________ TIN ______________________ TIN ______________________ KPP ______________________ KPP ______________________ BIK ______________________ BIK ______________________ R / s ______________________ p / s ______________________ M. P. M. P. Appendix No. 1 to Contract No. _______ dated ______________ Vehicle information Vehicle brand, vehicle type Year of manufacture Engine power (l / s, kW) Engine displacement (cm.) Policyholder: _______________ / ___________________ / M.P. Appendix No. 2 to Contract No. _______ dated ______________ Information on round-the-clock dispatching services to support an insured event Insurer: _______________ / ___________________ / MP Insured: _______________ / ___________________ / MP Appendix No. 3 to Contract No. _______ dated ______________ Information on separate subdivisions in the city of Irkutsk and the Irkutsk region Insurer: _______________ / ___________________ / MP Insured: _______________ / ___________________ / MP 16

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OSAGO agreement - an insurance agreement under which Insurance Company(the insurer) is obliged, upon the occurrence of an insured event (RTA), to reimburse the injured (to pay compensation) harm to health, life, property. All compensation payments are made within the insured amount strictly stipulated in the contract. It is concluded on a reimbursable basis for an insurance premium.

Characteristics of the contract

the public nature of the contract means the obligation of the insurer to conclude it with each interested person,
compulsory insurance of their civil liability of each vehicle owner,
inadmissibility of driving an uninsured vehicle under the program. According to the law, the person who acquired the vehicle ownership is obliged to insure it under OSAGO. Maximum term contacting an insurance company - 10 days after registration. Moreover, it is controversial moment driving such a vehicle.

What documents are needed to conclude an insurance contract

The law on OSAGO in clause 3 of article 15 fixes the list of documents required for insurance:
application for the conclusion of an agreement in the form,
passport for the insured individual,
OGRN certificate for legal entities,
vehicle registration document - PTS, vehicle registration certificate, registration certificate, etc.,
driver's license,
diagnostic card on the compliance of the vehicle with road safety conditions.

For how long is the contract concluded

The term of the agreement is governed by Art. 10 of the Law on MTPL. By general rule it is 1 year. Special cases are spelled out in the law:

For foreigners traveling in transit (in another context, traveling) through Russia in cars registered abroad, the term of OSAGO is the entire period of stay, but not less than 5 days.

After acquiring the vehicle ownership, the owner concludes a fixed-term OSAGO contract for no more than 20 days to travel to the place of state registration.

How to conclude a contract online

car make and model, year of manufacture, engine power,
age of the policyholder, driving experience,
insurance period for compulsory motor third party liability insurance in years, the number of accidents annually.

After entering the information, the cost of the policy is automatically calculated.

The owner can conclude a contract in person by contacting the insurance office. In this case, by agreement with the manager, the package of necessary documents is submitted in the form of scanned copies.

From July 01, 2015, the law provides for the possibility of concluding a CMTPL in in electronic format... It should be noted that not all insurance companies currently provide such a service. A list of them can be found at the link http://www.autoins.ru/ru/e-Polis/rsa-members_e-Polis_resistration/index.wbp.

All licensed insurance companies are linked software AIS OSAGO, where registration and accounting of transactions and OSAGO policies takes place. Therefore, the law, in addition to the provision on the provision of documents in electronic form, establishes the recognition of the electronic OSAGO policy on a par with the paper version. In fact, it is not necessary to have a paper policy. Therefore, its absence among the documents when checked by traffic police officers cannot be considered a violation. It will also not be a violation to present the policy in black and white format (printed on a regular printer).

Conclusion procedure

To issue an electronic policy, the insured must create a personal account on the insurer's website. To do this, enter your passport details, email address and mobile phone number.

The insurer identifies the user on the basis of the FMS, checking the validity of the passport.

If the data is correct, the user is sent a password to the phone to enter, which is recommended to be changed at the initial login. The given password is the key of a simple electronic signature. With the help of it, the documents are electronically signed by the insured.

Application for the conclusion of a contract

In the personal account, the user fills out an application for concluding an OSAGO agreement. In addition to the owner's personal passport data, it is necessary to indicate information on all drivers who have the right to drive a car. About the vehicle itself -

information about: brand, model, category,
year of issue; engine power; VIN - number;
permitted weight; number of passenger seats
Nos. Of chassis and trailer, TCP and others.

In accordance with part 4, article 15 of the Law on MTPL, when issuing an electronic policy, the provision of copies of a passport, a car registration document, driving license, a diagnostic card is optional.

Upon completion, the form is checked in an automatic or manual format by a company manager. The manager "punches" the vehicle in the databases of the RSA, the traffic police and others to identify the fact of theft or search. If the data is correct, the insurer informs through the user's personal account about the need to pay the bill and attach the payment details. You can pay the insurance premium for the contract both online and offline at any bank.

An electronic insurance policy is available for viewing and downloading after payment in the "documents" section personal account, but not later than the next business day after receipt of payment to the company's account (in accordance with clause 1.4 of the CTP Rules of the Central Bank).

The rules developed by the PCA for insurance companies oblige to issue OSAGO no later than 5 days from the date of application, the recommended period has been reduced to 1 day.

The contract can be entered into by both the owner and an outside person, for example, the main driver. However, only the owner is entitled to receive all insurance compensation.

Cases of refusal of an insurance company to conclude an OSAGO contract

The insurer must conclude an OSAGO agreement with any person who has applied. Imposing additional services on the consumer together with OSAGO, which is so popular before seasonal increases in the price of the policy, are unacceptable. It is also unacceptable to refuse due to "force majeure" far-fetched circumstances. For example, 10 minutes before the end of the working day or due to the lack of blank forms of the CTP policy. For all violations by insurers, you should immediately contact the Central Bank.

The insurance company can refuse only on the basis of the provision of an incomplete package of documents or the discrepancy between the specified information and reality.

Is it possible to make changes

It is allowed to make changes to the OSAGO policy. In this case, the insurance premium of the insurer increases in proportion to the rise in the cost of risks that has occurred since the conclusion of the contract.
Changes are recorded in the column "Special notes", certified by the signature of the representative of the insurance company. If the client wishes, a new policy form is issued 2 days after the request. The old OSAGO is stored in the insurer's archive with the new one. These change rules apply to both paper and electronic policies.
In addition to the policy, changes are made to the information network of the AIS OSAGO, where they are immediately checked for compliance with reality.

Extension and termination of OSAGO

After a year from the date of registration of OSAGO, you can extend the policy by concluding a new contract with the same insurance company.

Early termination of the CMTPL agreement occurs as a consequence

death of an individual - the insured or the owner of the vehicle,
liquidation of the insured - legal entity,
liquidation of an insurance company;
complete destruction or loss of the insured vehicle,
revocation of an insurer's license
transfer of the vehicle to a new owner
if, when concluding the contract, the policyholder provided inaccurate and incomplete data,
under other circumstances provided by law.

Refund of insurance premium

In case of early termination, the excess of the insurance premium for the unused period is not transferred:

unscrupulous policyholders
if the license was taken away from the insurance company or liquidated,

In all other cases, the premium is refunded for the period from the day following the termination to the date of termination of the contract. In the event of death, theft or loss of the vehicle due to force majeure - from the moment these facts were established by a decision authorized bodies.
The money is returned to the insured's account within 14 days after the insurer considers his application. In the event that the insurer unreasonably evades or refuses to pay clean early termination, it is necessary to apply with the RSA or the Central Bank.
When receiving payments from the insurance company, it should be remembered that the balance is calculated not from the full insurance premium, but minus 23%, which goes to the maintenance of the PCA and the insurer.

Get accredited for Electronic Platform. Obtaining accreditation is a simple and free procedure, but it takes about one business day.

If necessary, undergo training in working with trading on the Electronic Platform.

Make sure that all documents required for bidding are up to date.

If necessary, prepare the documents and information provided for in clauses 1, 3 - 5, 7 and 8 of part 2 of article 62, parts 3 and 5 of article 66 44-FZ.

Select the method of providing the bid security. Take advantage of our solutions.

Have you applied to participate in the auction?

Wait for notification of admission to trading! At this stage, the first parts of the applications are considered.

Are you eligible for trading?

Congratulations! Plan your participation in the auction.

The organizer of the auction rejected your application and you do not agree with this decision?

Auction! The one who offers the most profitable terms and the price.

If, within 10 minutes from the beginning of the auction, none of the participants has submitted a single price offer, such an auction is declared invalid.

If the price offered by the winning bidder is 25% less than the Initial Maximum Price (INP), such a participant must prove its reputation and provide a larger amount of collateral.

If the winner of the auction evades the conclusion of the contract, information about this is sent to the Register of Unfair Suppliers (RNP).

Expect the results of the auction, track the deadlines:

Within 30 minutes after the end of the auction - publication of the Minutes of the Conduct Electronic Auction(PPEA) on the Electronic Platform.

Not more than 3 working days from the date of publication of the Protocol of the Electronic Auction (EAPA) on the Electronic Platform - consideration by the Customer of 2 parts of the applications, as well as the formation of the Summarizing Protocol (PIP).

No later than the working day following the date of signing of the Summarizing Protocol (PIP) - placement by the customer of PIP on the Electronic Platform and in the Unified Information System(EIS)

Are you a winner? Congratulations! Provide the Client with contract enforcement and sign the contract

The signing of the contract is possible no earlier than 10 days from the date of publication of the Summarizing Protocol (PIP) in the Unified Information System (EIS).

Strictly adhere to deadlines. The ratio of working days and days off is not important:

Not more than 5 days from the date of publication of the Summarizing Protocol (PIP) in the Unified Information System (EIS) - the Customer publishes the draft contract.

Not more than 5 days from the date of publication by the Customer of the draft contract - the Winner publishes the protocol / draft of the contract. The winner who did not send the protocol of disagreements or did not send the signed draft contract after 13 days from the date of publication of the Summarizing Protocol (PIP) in the Unified Information System (EIS) is deemed to have avoided signing the contract.

The ratio of working days and days off is fundamentally:

Not more than 3 working days from the date of publication by the winner in the Unified Information System (EIS) of the protocol of disagreements, the Customer publishes the revised draft of the contract (or in a separate document refusal to fully or completely take into account the comments in the protocol of disagreements of the winner).

No more than 3 working days from the date of publication by the Customer in the Unified Information System (EIS) of the revised draft contract - the winner publishes the protocol / draft of the contract + provides confirmation of the contract enforcement.

Every owner of a land vehicle is obliged to insure his own civil liability. The OSAGO agreement guarantees the payment of compensation to the victims in the event of an accident.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

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An agreement of this kind is concluded for a period of 1 year, after which the insurance must be renewed. A delay in compulsory motor third party liability insurance for 1 day makes an offender of administrative rules out of an exemplary car owner. For expiration of the policy, a fine of 500 rubles is provided.

Peculiarities

OSAGO is an agreement of owners of land vehicles. The policy only compensates for harm caused to the life, health and property of third parties.

The OSAGO agreement provides for protection against the risks of damage to the property of third parties. The agreement is concluded for one year, after which it is subject to renewal.

MTPL must be issued by all vehicle owners. Individuals insure their cars. Legal entities can receive MTPL for the entire vehicle fleet, but the policy will be issued for each vehicle separately. Within the framework of such an insurance contract, the period of use is valid.

This period is usually 3 months for ordinary citizens and 6 months for the transport of legal entities. Delay in the period of use is also regarded as an administrative offense.

Even if the insurance is valid, and the validity period is expired, the traffic police have full right fine the driver who uses the vehicle outside the season specified in the contract.

OSAGO as an agreement of the parties has the features of a compulsory and voluntary insurance contract. Without of this policy driving in a car is prohibited.

On the other hand, there is a CTP contract, and not at all obligatory payment... It has a mandatory character, but, nevertheless, only traffic police officers can make it conclude, after the seizure of the license plates.

Now motorists rarely save on the absence of CTP. The cost of an accident is incomparably greater than the negligible minimum that will have to be paid.

It is not always and not always and not the entire amount of victims manage to get from the insurer. If we are talking about amounts greater 400,000 rubles, the remainder is subject to recovery through the court.

Only the conclusion of the DSAGO makes it possible to avoid litigation. A voluntary insurance contract allows you to include a significantly larger number of insurance risks and events.

The policy costs only 1000 rubles... But the insured amount may be 1 million.

For example, at the current rates, upon establishing the fact of disability, insurance compensation will be about 500,000 rubles(we are talking about 1 group and disabled children). Insurers can only cover 400,000 rubles.

If the owner of the vehicle was also insured under a voluntary program, then he will not have to pay additional compensation in the amount of 100,000 rubles out of your own pocket or become a participant in lengthy, expensive lawsuits.

Many motorists, realizing that OSAGO is a minimum that does not protect the owner and his vehicle in any way, conclude an additional CASCO agreement.

It involves protecting the vehicle from damage or theft. CASCO tariffs depend on the car brand, driving experience, the number of persons who will be allowed to drive.

Unlike OSAGO, there is no fixed amount of insurance compensation. CASCO provides, first of all, the protection of transport property.

OSAGO solves issues related to compensation for damage to other road users. The CASCO agreement does not apply to cargo, passengers or third parties who have suffered damage in an accident.

The obligation to insure the liability of vehicle owners is manifested in the fact that OSAGO must be issued on the same terms by residents and non-residents of the Russian Federation.

Civil liability insurance of vehicle owners acts as a guarantee of the basic constitutional and civil rights a person: it is for the lack of insurance, with its delay and other problems with the policy, drivers are brought to administrative responsibility.

Subjects and objects

The OSAGO agreement has the following legal features:

bilateral;
consensual;
paid and mutual.

Concluded exclusively in writing. Failure to comply with the form established for him entails the nullity of the agreement.

The OSAGO contract is always concluded between the insurer and the policyholder in favor of third parties. The insurer can only be a legal entity.

The insured can be both individuals and legal. On behalf of the company, an authorized person must conclude a contract with a power of attorney or other legal document issued by the LE management.

Beneficiaries under OSAGO can be legal entities and individuals who have suffered damage in the event of an insured event of a property or non-property nature.

The consensuality of the contract on compulsory civil liability insurance of owners of land vehicles means that the document is drawn up with an indication of events that may occur in the future.

The OSAGO contract is always paid and mutual. Victims are compensated and all parties to the agreement must know their rights and comply with obligations. The insurer under the contract can be any insurance company that has a valid license to carry out this type of activity.

The insured is the owner of the vehicle. It is he who bears responsibility to third parties regarding his source of increased danger.

The CTP contract is always concluded in favor of the beneficiaries. They are all road users until the accident occurs.

After the road accident happened, they acquire the status of victims and the right to compensation for property and moral damage.

Insurers compensate exclusively for property damage. The issue of compensation for moral damage is usually decided in court.

The object of the OSAGO agreement is civil liability for harm caused to third parties while driving a vehicle.

All risks are included that are associated with damage and loss of property, as well as injury or death of road users.

Essential conditions

The OSAGO agreement will not have legal force without specifying in it:

information about the parties, beneficiaries;
risks and insured events;
property interest, which is the object of insurance;
the nature of the insured event;
insurance amount, protective limit;
the validity period of the policy.

The OSAGO agreement usually discloses information on insurance rates and the amounts of the maximum possible compensation in the event of an insured event.

The sum insured under the contract is monetary equivalent, under which the insurer will provide compensation payments to victims.

An important factor when registering OSAGO is linking the level of insurance amounts to the degree of harm caused.

The compensation will always be different. Payments are far from always 100%. For example, in case of minor bodily harm, the insurer can pay the victim only 20% of the amount insured.

A special subject under an OSAGO agreement can be considered government bodies who register the vehicle and monitor the observance of the OSAGO Rules by motorists.

Conclusion procedure and validity period

The OSAGO agreement is concluded exclusively in writing (Civil Code of the Russian Federation). The agreement is drawn up and signed by the policyholder and the insurer on the basis of an application submitted in advance.

Legally allows the conclusion of an OSAGO agreement with the help of a policy. In some cases, the insurer allows the insurer to apply orally regarding the conclusion of such an agreement.

For example, in accordance with the Insurance Rules of the Rosgosstrakh company, an application, which is an integral part of the compulsory motor third party liability insurance process, can be submitted by the insured only in writing.

A statement that in its own way legal nature is a call to the policyholder's offer, becomes part of the insurance contract. If it is in writing, then two copies are created.

One of them remains with the insurer, and the second is returned to the policyholder. The final stage of registration of the OSAGO policy is the actual acceptance of the offer by the insured.

This means that the owner of the vehicle must agree to the conditions and insurance rates provided by a specific company.

After the conclusion of the OSAGO contract, the vehicle owner is issued a policy. This is a document that is signed by the insurer and guarantees the right to receive monetary compensation.

Along with the policy, the insured is given a list of the insurer's representative offices and several forms of notifications about the occurrence of an accident.

What documents are required

To apply for an OSAGO policy, you must contact the insurer with the following documents:

passport, other identity document;
vehicle passport;
vehicle registration certificate;
driver's license;
power of attorney, if the policy is drawn up by the owner's representative.

The owner can foresee by the contract the possibility of other persons driving the vehicle. When registering OSAGO, he will have to provide their driver's license.

For the formation of insurance rates for OSAGO, information about the technical condition of the vehicle is very important. The insurer may require a number of documents that confirm the operational condition of the insured item.

What to do if the insurance company refuses to conclude a contract

If, after submitting an application, the insurer refuses to conclude an OSAGO contract, then first of all it is necessary to receive a reasoned refusal from the company in writing.

It is good if, when directly contacting the employees of the insurance company, a witness can orally record the refusal.

Vehicles (OSAGO) _____________________________.

Samara "____" ________ 20___

Hereinafter referred to as the Insurer, represented by _______________________, acting on the basis of ________, on the one hand, and ______________________, hereinafter referred to as the Insured, represented by _______________________________, acting on the basis of ________, on the other hand, hereinafter referred to collectively and each separately the Parties, in accordance with with the requirement of the Federal Law -FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs" (hereinafter - the Federal Law), on the basis of the protocol dated "____" __________ 20___ No. _____ summing up the results of an open tender, concluded this state contract about the following:

1. Subject of the contract.

1.1. The subject of this contract is: ______________________________________________________________________________

OKPD _____________________.

1.2. The Insurer undertakes to provide services in accordance with the terms of the Contract, Terms of reference(Appendix No. 2 to the Contract), which is an integral part of the Contract (hereinafter referred to as services), and the Policyholder undertakes to accept and pay for the services rendered (the result of the services rendered) in the manner and on the conditions stipulated by the Contract.

The list, volume, characteristics (description), the procedure for rendering, the cost of services are indicated in the Terms of Reference.

2. Objects of insurance. Insurance case.

2.1. The object of compulsory insurance is property interests associated with the risk of civil liability of the vehicle owner for obligations arising from harm to the life, health or property of the victims when using the vehicles specified in Appendix No. 1 to the Contract (hereinafter - vehicles) on the territory of the Russian Federation.

2.2. An insured event is the onset of civil liability of the owner of a vehicle for causing harm to the life, health or property of the victims when using the vehicle, which entails, in accordance with the compulsory insurance policy, the obligation of the insurer to make an insurance payment.

2.3. In accordance with the Contract, damage caused due to:

a) force majeure or intent of the victim;

b) exposure to a nuclear explosion, radiation or radioactive contamination;

c) military actions, as well as maneuvers or other military measures;

d) civil war, civil unrest or strikes,

e) other circumstances exempting the insurer from paying insurance compensation under a compulsory insurance contract on the basis of current legislation.

3. Contract price. Sum insured. Insurance premium and the procedure for its payment.

3.1. The maximum value of the Contract price (insurance fee, insurance premium) is _____ rubles _________ kopecks (________________ rubles _____________ kopecks), value added tax (VAT) is not levied in accordance with paragraphs. 7 clause 3 of article 149 Tax Code Of the Russian Federation, and is defined as the sum of insurance premiums for each motor vehicle(hereinafter - TS).

Source of financing - _______________________________________________________.

The calculation of the insurance premium under this Contract for each vehicle is carried out by the Insurer based on the information provided by the Insured for each vehicle in the Terms of Reference.

The Contract price includes expenses for the provision of services, transportation costs, insurance, payment of customs duties (if any), taxes and other mandatory payments related to the performance of the contract.

3.2. The price of the Contract may be reduced without changing the scope of services provided for by the Contract, the quality of services provided and other conditions of the Contract.

Changes by the Central Bank of the Russian Federation of insurance rates during the term of the Compulsory Insurance Contract shall not entail a change in the insurance premium paid by the insured according to the insurance rates in force at the time of payment.

When the insurance premium is paid in installments, the amount of insurance payments is determined according to the insurance rates in force at the time of their payment.

When the insurance rates are changed during the period of the Contract, the change in the contract price is allowed on the basis of an additional agreement to the contact without increasing the number of vehicles specified in Appendix No. 1 to this Contract.

3.3. Payment of the insurance premium is carried out in rubles of the Russian Federation and is made by the insured in a lump sum in advance or in installments during the entire period of insurance ( insurance payments, insurance premiums) depending on the number of vehicles to be insured, within 30 days, based on the invoice issued by the Insurer. The amount of the insurance premium is reflected in the insurance policy.

3.4. Payment under the Contract is carried out by bank transfer by transferring funds by the Insured to the current account of the Insurer specified in the Contract. The date of payment of the insurance premium is the day of transfer of funds to the current account of the Insurer.

3.5. The calculation of the insurance premium is carried out in accordance with the instruction of the Bank of Russia -U "On the maximum size of the base rates of insurance rates and coefficients of insurance rates, requirements for the structure of insurance rates, as well as the procedure for their application by insurers when determining the insurance premium for compulsory civil liability insurance of vehicle owners" ...

3.6. The insurer undertakes, for the insurance payment (insurance premium) stipulated in the Contract, upon the occurrence of an insured event provided for in the Contract, to reimburse the victims for the harm caused to their life, health or property as a result of this event (to make an insurance payment) within the limits of the insured amount specified in the Contract.

3.7. The insurance payment for each insured event cannot exceed the amount of the established insurance amount.

3.8. The end of the provision of Services under this Contract is drawn up accompanying documents Insurer.

The Policyholder accepts the services provided by the Insurer for compliance with their volume and quality with the requirements established by this Contract and its annexes.

At the end fiscal year The parties draw up an act of reconciliation of mutual settlements.

4. Compulsory insurance policy.

4.1. The Insurer issues to the Policyholder:

a) a drawn up insurance policy of compulsory insurance with an indication of the vehicle and (or) trailer in use;

b) a list of the Insurer's representatives in the constituent entities of the Russian Federation, containing information about the location and postal addresses of the insurer, as well as the means of communication with them and the time of their work;

c) two forms of notification of a road traffic accident.

4.2. Compulsory insurance policies for vehicles are issued to the Insured upon his application as needed, when vehicles run out previous period insurance and no later than the business day following the day the insurance premium is transferred to the current account of the insurer. Delivery of insurance policies, documents for payment is carried out by the forces and means of the Insurer to the address indicated by the Insured.

4.3. In case of loss of the compulsory insurance policy, the Insurer issues duplicates to the Policyholder free of charge.

4.4. The period of validity of the compulsory insurance policy is 1 (one) year.

5. Term of the Contract.

5.1. The contract is valid from the moment it is signed by the parties to ______. The expiration of the Contract does not relieve the Parties from fulfilling their obligations in full.

6. Rights and obligations of the parties.

6.1. The policyholder is obliged:

6.1.1. Provide the insurer with reliable information about the number of Insured vehicles, circumstances affecting the calculation of the insurance premium.

6.1.2. Control the timeliness and completeness of the transfer of funds towards the payment of the insurance premium in the amount and terms specified in the Contract.

6.2. The insurer is obliged:

6.2.1. Ensure the confidentiality of information provided by the Insured.

6.2.2. Provide the Insured with competent explanations on the issues of this type of insurance.

6.2.3. Make an insurance payment within the time frame established by the Contract.

6.2.4. If a decision is made to refuse to pay the insured amount, in writing, no more than 10 (ten) working days, notify the Insured about this with a reasoned justification for the refusal.

6.2.5. Timely provide the Insured with documents and materials necessary upon the occurrence of an insured event, in accordance with the terms of the Contract;

6.2.6. The insurer makes an examination of the services provided for compulsory civil liability insurance of vehicle owners using its own resources and means or with the involvement of an expert organization. In cases stipulated by the current legislation, the Insurer is obliged to involve an expert organization (expert) to conduct an examination of the services provided for compulsory civil liability insurance of vehicle owners.

6.2.7. The insurer agrees to be inspected by the Insured and state authorities. financial control in the part related to the performance of the Contract.

6.2.8. The insurer guarantees the quality of the services provided for compulsory civil liability insurance of the vehicle owner.

6.3. The policyholder has the right:

6.3.1. V unilaterally refuse to execute the Contract in accordance with the provisions of Parts 8-26 of Article 95 of the Federal Law.

6.4. The insurer has the right:

6.4.1. If necessary, request information related to the insured event from law enforcement agencies, medical institutions, other enterprises, institutions and organizations that have information about the circumstances of the insured event.

6.4.2. Terminate the Contract in the manner prescribed by the Contract.

6.4.3. Refuse to pay insurance sums in cases stipulated by the Contract.

Responsibility of the parties.

7.1. Responsibility of the Policyholder:

7.1.1. In case of delay in the performance by the Insured of the obligations stipulated by the contract, the Insurer has the right to demand payment of penalties. Penalty interest is calculated for each day of delay in the fulfillment of the obligation provided for by the contract, starting from the day following the day of the expiration of the deadline for the fulfillment of the obligation established by the contract. The penalty is established by the Contract in the amount of 1/300 of the refinancing rate of the Bank of Russia in effect on the date of payment of penalty interest from the amount not paid on time

7.1.2. For non-fulfillment or improper fulfillment by the Insured of obligations under the contract, with the exception of delay in fulfillment of obligations, the Insurer is entitled to recover from the Insured a fine in the amount of:

a) 2.5 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 2 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1.5 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

7.2. Insurer's responsibility:

7.2.1. In case of delay in the performance by the Insurer of the obligations stipulated by the contract, as well as in other cases of non-performance or improper performance by the Insurer of the obligations provided for by the contract, the Policyholder sends the Insurer a claim for payment of penalties (fines, penalties).

Payment of penalties (fines, penalties) is carried out by the Insurer within 10 calendar days from the receipt of the request for payment of penalties (fines, penalties) according to the following details:

recipient –____________________;

TIN - _____________________;

Checkpoint - ___________________;

OKTMO - ____________________;

check - ________________________________;

bank - ____________________________________;

BIK - ___________________;

Income code - _______________________________;

Personal account - _________________________.

7.2.2. Penalty is charged for each day of delay in the performance by the Insurer of the obligation stipulated by the contract, starting from the day following the day of expiration of the term for performance of the obligation established by the contract, and is set in the amount of at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation in effect on the date of payment of the penalty interest of the contract price , reduced by an amount proportional to the volume of obligations stipulated by the contract and actually fulfilled by the Insurer, and is determined by the formula P = (C - B) x C (where C is the contract price; B is the cost of the contractual obligation actually fulfilled by the Insurer within the specified time period, determined by on the basis of a document on the acceptance of the results of the provision of services (performance of work), including individual stages of the execution of contracts; C - rate).

The rate is determined by the formula (where is the size of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty, determined taking into account the coefficient K; DP is the number of days of delay).

Coefficient K is determined by the formula K = DP / DK x 100% (where DP is the number of days of delay; DK is the deadline for fulfilling the obligation under the contract (number of days).

With K equal to 0 - 50 percent, the rate is determined for each day of delay and is taken to be equal to 0.01 of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty.

With K equal to 50 - 100 percent, the rate is determined for each day of delay and is taken equal to 0.02 of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty interest.

If K is equal to 100 percent or more, the rate is determined for each day of delay and is taken equal to 0.03 of the refinancing rate established by the Central Bank of the Russian Federation on the date of payment of the penalty interest.

7.2.3. For improper performance by the Insurer of the obligations stipulated by the contract, except for the delay in the performance by the Insurer of the obligations (including the guarantee obligation) provided for by the contract, the Insurer shall pay the Policyholder a fine in the amount of:

a) 10 percent of the contract price if the contract price does not exceed 3 million rubles;

b) 5 percent of the contract price if the contract price is from 3 million rubles to 50 million rubles;

c) 1 percent of the contract price if the contract price is from 50 million rubles to 100 million rubles;

d) 0.5 percent of the contract price if the contract price exceeds 100 million rubles.

7.2.4. A party is released from payment of a forfeit (fine, penalty) if it proves that the failure to perform or improper performance of the obligation under the contract was due to force majeure or through the fault of the other party.

7.2.5. A document issued by the relevant competent authority is sufficient confirmation of the existence and duration of force majeure.

7.2.6. The Party that does not fulfill its obligations due to force majeure circumstances is obliged to notify the other Party in writing within two working days after it became aware of the existence of such circumstances. The absence of notification deprives the Party that has not fulfilled its obligations of the opportunity to refer to force majeure circumstances.

7.3. The payment of penalties does not relieve the parties from fulfilling their obligations under the Contract.

Enforcement of the Contract.

8.1. The amount of security for the fulfillment of the obligations of the Contract: ____________ (___________) rubles ___ kopecks, which is ____ (____)% of the initial (maximum) price of the Contract.

8.2. Method of providing security for the fulfillment of the obligations of the Contract: _______________________________________.

8.3. The method of ensuring the execution of the Contract is determined by the procurement participant with whom the Contract is concluded independently.

8.4. The Contract is concluded only after the procurement participant, with whom the Contract is concluded, provides for the execution of the Contract.

8.5. The execution of the Contract may be ensured by the provision of a bank guarantee issued by the bank and complying with the requirements of Article 45 of the Federal Law, or by depositing funds to the account specified by the Insured, on which, in accordance with the legislation of the Russian Federation, transactions with funds received by the Insured are accounted for.

If collateral is provided in the form of a bank guarantee, the validity period of the bank guarantee must exceed the validity period of the Contract by at least one month.

8.6. Funds are deposited to the account specified by the Insured on the basis of the Cash Pledge Agreement concluded between the Insurer and the Insured.

8.7. The documents confirming the provision of security for the performance of the Contract in the amount provided for in clause 8.5 of the Contract, the Insurer must provide simultaneously with the submission of the Contract signed by its side to the Policyholder.

8.8. If, for any reason, the security for the performance of the Contract has ceased to be valid, has expired or otherwise ceased to ensure that the Insurer fulfills its obligations under the Contract, the Insurer undertakes to provide the Insured with other (new) proper security for the performance of the Contract within 10 (ten) banking days. on the same conditions and in the same amount as indicated in the tender documentation.

8.9. During the execution of the Contract, the Insurer has the right to provide the Policyholder with a security for the performance of the Contract, reduced in proportion to the amount of the fulfilled obligations stipulated by the Contract, instead of the previously provided security for the performance of the Contract. In this case, the method of ensuring the execution of the Contract may be changed.

8.10. In case of depositing funds to the current account of the Insured, the Insurer indicates in payment order type of funds and purpose of payment.

8.11. If the form of securing the execution of the Contract is the deposit of funds to the account specified by the Policyholder, the Policyholder undertakes to return cash subject to the proper fulfillment of all obligations imposed on the Insurer under the Contract, within 10 (ten) working days from the date of receipt by the Insured of the relevant written request from the Insurer.

8.12. If the form of security for the execution of the Contract is a bank guarantee, then the Insured has the right to write off funds from the bank account in an indisputable manner, if the bank does not fulfill the Insured's requirement to pay the amount under the bank guarantee within five working days.

9. Procedure for changing and terminating the Contract.

9.1. Termination of the Contract is allowed only by agreement of the parties or by a court decision or in connection with the unilateral refusal of the party to the contract from the execution of the contract in accordance with civil law.

9.2. Upon termination of the Contract by agreement of the parties, the Insurer returns to the Policyholder the insurance premiums for the unexpired term of the Contract. In this case, a full mutual settlement is made between the Insurer and the Policyholder.

9.3. In the event of early termination of the Contract on one of the grounds provided for in the third paragraph of clause 1.13, the fourth paragraph of clause 1.14 and the second paragraph of clause 1.15 of the Regulation on the rules of compulsory civil liability insurance of vehicle owners, approved by the Bank of Russia on September 19, 2014, part of the insurance premium under the Contract to the policyholder not refundable. In other cases, the insurer returns to the policyholder a part of the insurance premium in the amount of its share intended for making insurance payments and attributable to the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle (the period of use of the vehicle).

10. Insurance payment.

10.1. The insurer considers the application of the victim for insurance payment or direct compensation for losses and documents provided for by the rules of compulsory insurance, for an insured event within 20 calendar days, except for non-working days holidays, from the date they were received. During the specified period, the Insurer is obliged to draw up an act on the insured event, on the basis of it, make a decision on the insurance payment to the victim, make an insurance payment or issue him a referral for the repair of the vehicle indicating the repair period, or send the victim a motivated refusal to pay the insurance claim.

10.2. If the insurance claim, refusal of insurance claim or change in its size depend on the results of proceedings in a criminal or civil case or a case of an administrative offense, the period of insurance payment may be extended until the end of the said proceedings and the entry into force of the court decision.

10.3. The insurance payment is made by cash or non-cash payment and for each insured event cannot exceed the amount of the insured amount established by the Federal Law -FZ "On Compulsory Civil Liability Insurance of Vehicle Owners".

14. Final provisions.

14.1. When changing postal and bank details, as well as in cases of reorganization or liquidation, the parties undertake to report the changes within 10 (ten) business days.

14.2. The actions of persons upon the occurrence of an insured event, determination of the amount of insurance payment in case of harm to the life and health of the victims, determination of the amount of insurance payment in the event of damage to the property of the victim are determined in accordance with the Regulations on the rules of compulsory civil liability insurance of vehicle owners, approved by the Bank of Russia on September 19, 2014.

14.3. The contract can be terminated unilaterally, by agreement of the Parties or by a court decision on the grounds provided for by civil law.

14.4. The conditions not agreed by the Parties in the Contract are determined by the norms of the current legislation.

14.5. The contract is concluded in two copies of equal legal force, one copy for each Party.

14.6. In 2015, it is allowed to change, by agreement of the Parties, the term for the execution of the Contract, and (or) the price of the Contract, and (or) the price of a unit of service, and (or) the volume of services provided for by the Contract, the term of execution of which ends in 2015, in the manner established by the Government Russian Federation. At the same time, the Policyholder, during the execution of the Contract, ensures that the new terms of the Contract are agreed with the Party under the Contract.

14.7. Applications that are an integral part of the Contract:

list of vehicles (Appendix);

application for the conclusion of a contract of compulsory civil liability insurance of vehicle owners (Appendix).

15. Legal addresses, bank details and signatures of the parties.

Application

List of vehicles belonging to the Insured

Car brand	Engine power, hp with.	Number of seats	Permission Max. weight

The insured

Insurer

Application

to the State Contract No. ______ dated __________________

STATEMENT

FOR CONCLUSION OF THE CONTRACT OF COMPULSORY INSURANCE OF CIVIL LIABILITY OF VEHICLE OWNERS

1. Policyholder:

Phone fax:

I ask you to conclude a compulsory insurance contract in accordance with the Federal Law -FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners".

2. Vehicles (TC): are specified in Appendix No. 1 to this Statement on the conclusion of an agreement (state contract) No. __________ OSAGO dated "____" _________ 2014. compulsory civil liability insurance of vehicle owners

Vehicle owner

Brand, model of the vehicle

Vehicle identification number

Year of vehicle manufacture

Vehicle engine power (kW, hp)

Permitted maximum weight of cargo vehicles, kg

Carrying capacity of cargo vehicles, t

Number of passenger seats (for buses)

- No. of the chassis (frame) of the vehicle, No. of the body (trailer) of the vehicle

Vehicle passport (series, number, date of issue)

State registration plate of the vehicle

Car rental, lease

The purposes of using the vehicle are categorized as “other”.

3. Subdivision of the enterprise (operating vehicles):

Application: The list of vehicles for ___ l. in ___ copies.

I confirm the accuracy of the specified data.

Policyholder's representative:

___________________________________ « __ "_________ 20__.

All and amounts are indicated for each source of funding.

The amount of the fine is included in the contract as a fixed amount calculated based on the price of the Contract at the time of the conclusion of the Contract in accordance with the Decree of the Government of the Russian Federation of 01.01.2001 N 1063

When the insurance premium is paid in advance and the NMC of the contract is established in the amount of more than 50 million rubles, the security for the performance of the contract is established not less than in the amount of the advance.