for the production of a duplicate sticker or plate with the VIN number
Chapter 1. Description of the contract
1.1. Parties to the Agreement
This Agreement is concluded between:
• Seller: an individual or legal entity providing services for the production of duplicate stickers and aluminum plates of vehicle identification numbers (VIN codes), hereinafter referred to as the “Seller”, and
• Customer: an individual or legal entity that has contacted the Seller for the production of duplicate VIN code stickers, hereinafter referred to as the “Customer”.
The Seller and the Customer are hereinafter referred to jointly as the “Parties”, and individually as the “Party”.
1.2. Purpose of the Agreement
This Agreement is concluded for the purpose of regulating the mutual rights and obligations of the Parties in the provision of services for the production of duplicate stickers or aluminum VIN-code plates for the Customer’s vehicle. The services are provided in strict accordance with the law and are aimed at restoring the identification number that occurred due to circumstances beyond the control of the Customer (mechanical damage from an accident, corrosion mechanical damage, etc.) subject to its lawful use.
1.3. Legal basis of the agreement
A duplicate sticker or aluminum plate with the VIN number is not considered an official document. The only official and legally significant VIN identifier is the original factory number, which is applied to the body or chassis of the car by the manufacturer.
1.3.1. A duplicate sticker or aluminum plate does not replace the original identifier applied to the body or chassis of the car, and is not legally significant during an official check. It serves only as additional marking.
1.3.2. This agreement is based on the requirements of the legislation governing the production and use of identification numbers of vehicles. The Seller undertakes to comply with the provisions of the law when providing services, and the Customer undertakes to use the duplicate VIN code only for purposes that comply with the law.
1.4. Limitations and Liability
The Parties understand that the production and use of the Duplicate Sticker or Aluminum VIN Code Plate are subject to strict control by government agencies. The Customer is fully responsible for the further use of the duplicate VIN code and undertakes not to use it for illegal purposes.
1.5. Confidentiality Terms
This Agreement and all its provisions are confidential. The Parties undertake not to disclose the information contained in the Agreement and to ensure its protection from unauthorized access by third parties, except in cases provided for by law.
1.6. Interpretation and Application of the Agreement
This Agreement shall be interpreted and applied in accordance with the current legislation of the country in which the Seller is registered, unless otherwise provided in the Agreement.
Chapter 2. Subject of the Agreement
2.1. Content of the Seller’s obligations
The Seller undertakes to manufacture a Duplicate sticker or aluminum plate of the vehicle identification number (VIN code) for the Customer’s car in accordance with the terms of this Agreement. The manufacture of a duplicate VIN code is carried out solely for the purpose of restoring the identification number of the vehicle and if the Customer has legal grounds for such restoration, namely the technical passport for the vehicle, photo or video recording of the defective sticker of the vehicle identification number (VIN code).
2.2. Purpose of manufacturing a duplicate VIN code
The purpose of this Agreement is to manufacture a Duplicate sticker or aluminum plate of the VIN code to identify the Customer’s vehicle, lost or damaged as a result of acceptable circumstances (for example, in connection with the restoration of the vehicle after an accident or repair work). The Customer confirms that the use of the duplicate VIN code will comply with the purposes permitted by law and does not violate the rights of third parties.
2.3. Terms of performance of work
The Seller undertakes to perform work on the production of the Duplicate sticker or aluminum VIN code plate based on the documents provided by the Customer confirming the legality of the duplicate production. The Customer undertakes to provide the Seller with all necessary and reliable data on the vehicle.
2.4. The Seller’s right to refuse to perform work
The Seller has the right to refuse to produce the Duplicate sticker or aluminum VIN code plate if it discovers that the data or documents provided by the Customer are inaccurate, incomplete, or do not confirm the legality of the duplicate production. The Seller notifies the Customer of the refusal to perform work, indicating the reasons for such refusal.
2.5. Customer’s responsibility for the legality of using the duplicate VIN code
The Customer is fully responsible for the further use of the Duplicate sticker or aluminum VIN code plate and undertakes to use it exclusively for lawful purposes that do not contradict the law. In case of unlawful use of the duplicate VIN code, the Customer assumes full responsibility to third parties and government agencies.
2.6. Limitation of liability of the Seller
The Seller is not responsible for possible consequences associated with the use of the Duplicate sticker or aluminum VIN code plate if such use goes beyond the purposes specified in this agreement and/or does not comply with the requirements of the law.
Chapter 3. Rights and Obligations of the Parties
3.1. The Seller undertakes to:
3.1.1. Perform work on the production of a Duplicate Sticker or Aluminum VIN Code Plate based on the data and documents provided by the Customer confirming the legitimacy of the request.
3.1.2. Manufacture a Duplicate Sticker or Aluminum VIN Code Plate in accordance with technical standards and requirements, ensuring the quality and compliance of the service provided with the stated purposes.
3.1.3. Maintain the confidentiality of all data received from the Customer as part of the execution of the agreement and not transfer it to third parties, except in cases stipulated by law at the request of authorized state and international bodies.
3.2. The Seller has the right to:
3.2.1. Request from the Customer additional documents and information necessary to confirm the legitimacy of the production of a Duplicate Sticker or Aluminum VIN Code Plate.
3.2.2. Suspend the performance of work if insufficient or inaccurate information is detected on the part of the Customer and resume them only after such violations are eliminated.
3.2.3. Refuse to perform services if the documents provided by the Customer do not confirm the legality of the production of the duplicate VIN code or indicate potential violations of the law.
3.3. The Customer undertakes to:
3.3.1. Provide the Seller with complete, reliable and up-to-date data on the vehicle and the necessary documents confirming the legality of the production of the Duplicate sticker or aluminum VIN code plate.
3.3.2. Use the Duplicate sticker or aluminum VIN code plate exclusively for purposes that comply with the law and do not allow its use in illegal actions or actions that cause damage to third parties.
3.3.3. Immediately notify the Seller of any changes that may affect the legality of the provision of services.
3.3.4. Assume full responsibility for the consequences associated with the further use of the Duplicate sticker or aluminum VIN code plate, including before third parties and government agencies.
3.4. The Customer has the right to:
3.4.1. Receive information from the Seller on the progress of the services for the production of the Duplicate sticker or aluminum VIN code plate.
3.4.2. Require the Seller to comply with the terms of this agreement, including the quality of the services and the confidentiality of the data provided.
3.4.3. Contact the Seller with requests for revision or clarification of services in the event of their discrepancy with the results of the agreement, if such revisions do not violate legal requirements.
3.5. Joint obligations of the Parties
3.5.1. The Parties undertake to comply with the terms of this Agreement, fulfill their obligations in good faith and refrain from any actions that may result in a violation of the law or the rights of third parties.
3.5.2. The Parties undertake to cooperate and promptly exchange information necessary for the fulfillment of the terms of this Agreement, as well as take reasonable measures to prevent any risks associated with the use of the Duplicate Sticker or the VIN Code Aluminum Plate.
Chapter 4. Warranties and Liability
4.1. Seller’s Warranties
4.1.1. The Seller guarantees that all work on the production of the Duplicate Sticker or the VIN Code Aluminum Plate will be performed in accordance with the technical requirements established by the current legislation and within the limits permitted by law.
4.1.2. The Seller guarantees the confidentiality of all data received from the Customer and undertakes not to transfer it to third parties without the consent of the Customer, except in cases stipulated by law and the agreement.
4.1.3. The Seller does not guarantee the legitimacy or legality of the use of the Duplicate Sticker or the VIN Code Aluminum Plate outside the purposes specified by the Customer and is not liable for the actions of the Customer if they do not comply with the requirements of the law.
4.2. Customer’s Warranties
4.2.1. The Customer guarantees that the documents and information provided by him for the production of the Duplicate sticker or aluminum VIN code plate are complete, reliable and confirm the legitimacy of his request for this service.
4.2.2. The Customer undertakes to use the Duplicate sticker or aluminum VIN code plate exclusively for purposes that comply with the law, and to refrain from any actions that may lead to the violation of the rights of third parties or cause legal sanctions.
4.2.3. The Customer guarantees that he will assume all responsibility for the consequences of using the Duplicate sticker or aluminum VIN code plate, including possible claims from government agencies or third parties.
4.3. Seller’s Liability
4.3.1. The Seller is not liable for any actions or decisions of government agencies that may be taken in relation to the Customer or his vehicle due to the use of the Duplicate sticker or aluminum VIN code plate.
4.3.2. The Seller shall be released from liability for any losses, damages or penalties arising from the unlawful or incorrect use of the Duplicate Sticker or the VIN-code aluminum plate by the Customer, if such actions go beyond the purposes specified in this agreement.
4.3.3. If the Seller has failed to fulfill its obligations under this agreement, it shall be liable only to the extent of the funds actually paid by the Customer for the services of manufacturing the Duplicate Sticker or the VIN-code aluminum plate.
4.4. Customer’s Liability
4.4.1. The Customer shall be fully liable for the further use of the Duplicate Sticker or the VIN-code aluminum plate, including possible legal consequences, and shall reimburse the Seller for any losses arising from incorrect use or violation of the terms of the agreement.
4.4.2. In the event that the data and documents provided by the Customer are found to be inaccurate or incomplete, the Seller has the right to cancel the contract, and the Customer is obliged to reimburse the Seller for all expenses associated with the commencement of the work.
4.4.3. The Customer undertakes to protect the Seller from any claims, damages or demands made by third parties or government agencies in connection with the use of the Duplicate Sticker or the VIN Code Aluminum Plate, and to independently resolve any disputes or claims that arise.
Chapter 5. Procedure for payment of services
5.1. Amount and form of payment
5.1.1. The total cost of services for the production of a duplicate VIN code is determined in accordance with the terms and conditions set forth in this agreement and the price list, and is fixed, unless otherwise agreed by the Parties.
5.1.2. Payment for services is made in two stages:
5.2. Terms and procedure for payment
5.2.1. The Customer undertakes to pay the first stage (advance payment) within 3 (three) calendar days from the date of signing the agreement and receiving the invoice for payment.
5.2.2. Payment for the second stage shall be made within 3 (three) calendar days from the moment of notification by the Seller of the readiness of the Duplicate sticker or aluminum VIN code plate.
5.2.3. The Seller shall begin to fulfill its obligations under the contract only after receiving an advance payment in the amount of 20%. The duplicate shall be transferred to the Customer only after full payment via a transport company at the expense of the Customer.
5.3. Liability for violation of payment deadlines
5.3.1. In the event of a delay in advance payment, the Seller has the right to suspend the fulfillment of obligations under the contract until the 20% advance payment is received.
5.3.2. In the event of a delay in payment for the second stage, the Seller has the right to suspend the transfer of the Duplicate sticker or aluminum VIN code plate to the Customer until full payment is received.
5.3.3. If the Customer fails to make an advance payment within 10 (ten) calendar days after the established deadline, the Seller has the right to unilaterally terminate the contract without preserving the Duplicate sticker or aluminum VIN code plate. In the event of a repeated request, the advance payment for the production of the Duplicate sticker or aluminum VIN code plate will be made again.
5.4. Refund of advance payment
5.4.1. If the Seller is unable to fulfill its obligations for reasons beyond the control of the Customer, the Seller undertakes to return the advance payment to the Customer in full within 10 (ten) business days from the date of establishing the fact of the impossibility of fulfilling the obligations.
5.4.2. The advance payment will not be refunded if the impossibility of fulfilling the obligations occurred due to the actions or inaction of the Customer, including the provision of inaccurate data.
5.5. Acceptance of the offer
Transfer of the advance payment by the Buyer to the Seller means that the Buyer agrees with all the terms of this Offer.
Chapter 6. Confidentiality
6.1. Confidentiality Obligations of the Parties
6.1.1. The Parties undertake to maintain confidentiality with respect to all terms of this Agreement, as well as any information received in the course of its execution that concerns the other Party, including, but not limited to, technical, commercial, legal and personal data (hereinafter referred to as the “Confidential Information”).
6.1.2. The Parties undertake not to disclose or transfer Confidential Information to third parties without the prior written consent of the other Party, except in cases provided for in this Agreement or applicable law.
6.2. Use of Confidential Information
6.2.1. The Parties undertake to use Confidential Information solely for the purpose of fulfilling their obligations under this Agreement and not to use it for other purposes that may cause damage to the other Party.
6.2.2. Each Party undertakes to take all necessary measures to protect the Confidential Information of the other Party, which it uses to protect its own confidential information of a similar nature.
6.3. Exceptions to Confidentiality Obligations
6.3.1. Confidentiality obligations do not apply to information that:
6.4. Liability for Breach of Confidentiality
6.4.1. In the event of a breach of confidentiality, the Party that allowed the disclosure of Confidential Information undertakes to compensate the other Party for all direct losses incurred as a result of such breach.
6.4.2. The Party that has permitted the disclosure of Confidential Information undertakes to take all reasonable measures to prevent further dissemination of Confidential Information and to minimize damage to the other Party.
6.5. Duration of Confidentiality Obligations
6.5.1. The Parties’ confidentiality obligations shall remain in force for the term of this Agreement and for 5 (five) years after its termination, unless otherwise provided by agreement of the Parties or applicable law.
Chapter 7. Force Majeure Circumstances
7.1. Definition of Force Majeure Circumstances
7.1.1. Force majeure circumstances within the framework of this Agreement shall mean events that are beyond the control of the Parties, arise after the conclusion of the Agreement, are extraordinary, unpredictable and insurmountable, and make it impossible for the Parties to fulfill their obligations under this Agreement. Such circumstances include: natural disasters (earthquakes, floods, hurricanes), wars, armed conflicts, terrorist acts, mass riots, acts of state authorities and administration, changes in legislation, strikes, epidemics and other circumstances beyond the reasonable control of the Parties.
7.2. Consequences of Force Majeure Circumstances
7.2.1. In the event of force majeure, the Party for which it has become impossible to fulfill its obligations under the agreement shall be released from liability for partial or complete failure to fulfill its obligations for the period of such circumstances and a reasonable period for their elimination, provided that it has promptly notified the other Party of the occurrence of force majeure.
7.2.2. In the event of termination of force majeure, the Party previously released from fulfilling obligations shall immediately begin fulfilling its obligations under this agreement, if this is possible within a reasonable time.
7.3. Notification of force majeure
7.3.1. The Party that has been affected by force majeure shall notify the other Party of the occurrence of such circumstances in writing no later than 5 (five) business days from the moment of their occurrence. The notification must contain information on the nature of the force majeure circumstances, the expected duration of their validity and possible consequences for the fulfillment of obligations under the contract.
7.3.2. If a Party fails to notify the other Party of the occurrence of force majeure circumstances within the specified period, it shall lose the right to refer to such circumstances as grounds for exemption from liability.
7.4. Duration of force majeure circumstances
7.4.1. If force majeure circumstances continue for more than 60 (sixty) consecutive calendar days and prevent further fulfillment of obligations under the contract, either Party has the right to terminate the contract unilaterally by notifying the other Party in writing.
7.4.2. In the event of termination of the contract due to prolonged force majeure circumstances, the Parties undertake to make mutual settlements related to the obligations fulfilled prior to the termination.
7.5. Minimization of the consequences of force majeure
7.5.1. The Parties undertake to take all reasonable and possible measures to minimize the damage caused by force majeure circumstances and restore normal conditions for the fulfillment of obligations under the contract in the shortest possible time.
Chapter 8. Dispute Resolution Procedure
8.1. Pre-trial Dispute Resolution Procedure
8.1.1. All disputes and disagreements arising between the Parties in connection with the performance of this Agreement shall be resolved, if possible, through negotiations and consultations.
8.1.2. In the event of claims, the Party filing the claim shall send the other Party a written notice setting out the essence of the claim. The other Party shall respond to the claim within 10 (ten) business days from the date of receipt.
8.2. Judicial Proceedings
8.2.1. If the Parties are unable to resolve the dispute through negotiations, the dispute shall be considered in accordance with the current legislation of the Seller’s country, unless otherwise provided by this Agreement or an additional agreement between the Parties.
8.2.2. Disputes not settled pre-trial shall be referred for consideration to the court at the location of the Seller.
8.3. Applicable law
8.3.1. When resolving disputes related to this agreement, the legislation of the Republic of Kazakhstan shall apply, unless otherwise agreed by the Parties in this agreement.
Chapter 9. Final Provisions
9.1. Amendment and Termination of the Agreement
9.1.1. Any amendments and additions to this Agreement shall be valid only if they are made in writing and signed by both Parties.
9.1.2. Either Party has the right to initiate termination of the Agreement, subject to sending a written notice to the other Party at least 10 (ten) business days before the expected date of termination, unless otherwise provided by the terms of the Agreement, with reimbursement to the Seller of expenses already incurred.
9.2. Invalidity of Individual Provisions
9.2.1. If any provision of this Agreement becomes invalid or is recognized as such by a court, this shall not affect the validity of the remaining provisions of the Agreement. The invalid provision shall be replaced with one that is as close as possible in meaning and legal significance.
9.3. Confidentiality of the Agreement
9.3.1. The terms of this Agreement and the information transferred during its execution are confidential and will not be disclosed to third parties, except in cases expressly provided by law or with the consent of the other Party.
9.4. Form and language of the Agreement
9.4.1. This Agreement is a public offer and its terms are accepted by the Customer by placing an order.
9.4.2. The Agreement may be concluded in several languages. In the event of a discrepancy between the different language versions, the version in the language determined by the Parties shall prevail.
9.5. Contact details and notifications
9.5.1. All notifications and messages related to this Agreement shall be sent to the addresses and contacts specified in the details of the Parties, and shall be deemed to have been duly received if they are sent by courier, by e-mail or by other agreed method.
9.6. Conclusion of the Agreement
9.6.1. This agreement shall enter into force upon the placement of the order by the Customer and shall remain in effect until the Parties have fully fulfilled their obligations or until it is terminated.
9.6.2. By accepting this agreement, the Parties confirm that they have read its terms, understand them and agree with them.
Seller’s details:
IP CARDTIX
Address: Kazakhstan, Karaganda, Ermekova, building 58/3
BIN (IIN): 880519350614
Банк: АО “Kaspi Bank”
KB: 19
BIC: CASPKZKA
Account number: KZ42722S000023762243
Carefully read the text of the public offer, and if you do not agree with any point of the offer, you have the right to refuse to place an order with the Seller and not to perform the actions specified in paragraph 5.5. of this Offer.
*** Официальный язык документа – русский язык. Английская версия документа предоставлена справочно. ***
The official language of the document is Russian. The English version of the document is provided for reference.