From one hand “Azpetrol Ltd.” LLC, acting under its charter (hereinafter referred to as a “Seller”), from other hand ------------------, citizen of the Republic of Azerbaijan (foreigners and stateless persons) (hereinafter referred to as a “Buyer”) concluded the present e-contract (hereinafter referred to as a “Contract”) on the followings:
1. The subject of the contract
1.1. The subject of the contract by ordering “Smart” Cards (hereinafter referred to as a “Card”) through automatically operated information system programmed by “Azpetrol Ltd.” LLC is to determine the rights and obligations of the parties with regard to sales and delivery of sold products owned by the Seller according to the law of the Republic of Azerbaijan on e-trade, the properties and price of which are indicated and electronically ordered from internet.
1.2. The Seller undertakes to deliver fuel meeting the national standards filled by using the smart card to the Buyer in a manner specified herein.
1.3. The Buyer undertakes to take the Card and to pay the value of fuel filled by using this card to the Seller in a manner specified by the contract.
1.4. The contract shall be deemed concluded upon the moment the Seller accepts the offer (acceptance of the e-contract) of the other party.
2. General provisions; duties and responsibility;
2.1. The Buyer acknowledges that he/she has read and is aware of product features, sales price, payment, delivery terms and other information included in a contract, placed on web site of the Seller and declares that he/she accepted this information in the form of electronic document.
2.2. The Buyer by confirming electronically this contract acknowledges that the Buyer has been informed about the address, the main properties of the ordered products, the product price in Azerbaijani manat taxes inclusive, payment and delivery terms to be provided to the Buyer by the Seller.
2.3. In case of failure by the Seller to deliver the card in time for the valid reason, the Seller informs the Buyer in this respect and within 3 days pays back the amount paid for the product in cash to the Buyer.
3. Purchase of fuel and the card, service regime and price as per petrol mark
3.1. The Seller submits the Card electronically ordered by the Buyer upon receipt of the payment for the fuel in petrol filling station stated in electronic order to the Buyer.
3.2. With the card submitted to the Buyer, the Seller provides filling fuel in all petrol filling stations (gas filling stations) owned by the Seller in the territory of the Republic of Azerbaijan.
3.3. The price of petrol marked as A-92 and Diesel fuel is regulated by the state and the seller sells this fuel to the Buyer in actual prices, in case of increase or decrease of fuel price by the government of the Republic of Azerbaijan, fuel price will be unilaterally changed.
3.4. The price of Premium and liquid gas can be changed in accordance with the internal price regulations of the company.
3.5. The price of fuel is calculated based on the prices available at the moment of the actual acceptance of fuel by the Buyer.
3.6. The retail price of 1 liter of fuel sold by the buyer is determined the on the basis of the decision of the Tariff (Price) Council of the Republic of Azerbaijan and prices (Premium and Liquid gas) fixed by the Seller and is as mentioned below (Value Added Tax inclusive).
| Petrol A-92 | - 1.00 AZN |
| Diesel fuel | - 0.80 AZN |
| Premium | - 2.00 AZN |
| CNG gas (Methane) | - 0.40 AZN |
| Liquid gas | - 0.65 AZN |
3.7. The par value of each card (VAT inclusive) is 10 manat. (In accordance with devaluation of AZN, the price can be increased or decreased).
4. The payment terms
4.1. The value of Fuel and the Card in fuel filling station (gas filling station) indicated in electronic order by the Buyer will be paid in cash in advance and the Buyer from the date of acceptance of the card will be entitled to purchase fuel in accordance with the value charged to the card.
4.2. The time of occurrence of title of property on the Card obtained by the Buyer will be the date when the value of the card is paid.
4.3. The Buyer upon obtaining the card will be responsible for its invalidity, loss or its use by the third parties.
4.4. In case of loss of the card by the Buyer, the Buyer shall inform the Seller immediately in this respect, if the Buyer intends to purchase a new card, he/she will make additional payment.
4.5. The Buyer after charging the card may purchase the types of fuel mentioned in a Card in Petrol filling stations (gas filling stations) owned by the Seller.
4.6. While using the card in Petrol filling stations (gas filling stations) a check will be issued to the Buyer by the Seller indicating the type and amount of fuel.
4.7. The Buyer obtaining own relevant login and password, can independently control online the use of the card and the fuel purchased from the Petrol filling stations (gas filling stations).
5. Force-majeure cases:
5.1. None of the parties will be responsible for failure to fulfill their obligations under the contract or improper fulfillment of their contractual obligations in cases beyond their control and during acts of god (fire, earthquake, flood and other natural disasters, war, blockade, restrictions by government bodies and etc.).
5.2. In case of occurrence of force-major case, the term of fulfillment of contractual obligations will be extended for the period such cases last.
5.3. If force-majeure case lasts more than 10 (ten) days, each party can make unilateral waiver of the contract.
6. Responsibility for breach of law on e-trade
6.1. The parties regulate their activity by the Law of the Republic of Azerbaijan on e-trade. This law determines the legal basis of e-trade organization and its implementation in the Republic of Azerbaijan, the rights and duties of its participants, as well as the responsibility for breach of the law on e-trade.
6.2. Persons found guilty in breach of the law on e-trade will be responsible in a manner stipulated by the legislation of the Republic of Azerbaijan.
6.3. The Seller will be responsible for providing incorrect information to the Buyer and the competent state authorities in a manner stipulated by the legislation of the Republic of Azerbaijan.
6.4. E-trade implemented by breach of intellectual property rights and other rights will be deemed invalid and restoration of violated rights will be carried out in a manner determined by law.
7. Settlement of disputes
7.1. Disputes among the e-trade participants will be settled down in non-judicial manner not contradicting the legislation, as well as by using electronic means.
7.2. The claims relating e-trade will be considered by the courts within a period specified by the legislation.
8. The term of the contract
8.1. The Contract comes into force upon its signing and will be in force until fulfillment of the contractual obligations by the Parties.
8.2. By mutual consent of the parties, the Contract can be early terminated.
8.3. Any of the parties can terminate the Contract by its own discretion in accordance with the applicable law. The party willing to terminate the Contract shall serve at least 5 working days prior notice to the other party.
8.4. While terminating the Contract, relevant settlements will be made between the parties and the party can require the other party to pay back the excess amount paid under this Contract and payment of the due amount.
8-th November avenue 91, Yeni Hayat Business center floor 2728, AZ 1025, Baku city, TAX ID: 1700166231, p/a: AZ03HAJCHCRAZN10000068935001, “Xalq Bank” OJSC, Head branch, TAX ID of the bank: 2000296061, C/a: AZ24NABZ01350100000000067944, code: 501026, SWIFT: HAJCA322
Telephone: 957
Fax: (994 12) 488 6757, 488 67 52
E-mail: [email protected]; www.azpetrol.com
