Head of real estate and commercial law practice
Specialist in the field of commercial law and process. Real estate, construction support; land law and protection of property ownership.
Goods purchase agreement
The contract for the purchase of goods is a key document in the public procurement system. It officially establishes and regulates the relationship between the customer and the participant who won the tender. Its main purpose is to legally and unhinderedly purchase goods from a verified entity to fulfill various orders (including state ones). In this article, we will talk in more detail about the essential conditions and individual features of the contract for the purchase of goods.
When is a contract for the purchase of goods concluded?
The specified agreement is concluded between the customer and the participant after the completion of the public procurement procedure, the procedure for which is defined in the Law of Ukraine No. 922-VIII. Such an agreement has several key features that distinguish it from others, in particular:
- the customer is always an entity related to the public sector;
- the conditions of liability for both parties are regulated by Article 231 of the Economic Code;
- the project must be ready at the stage of formation of tender documentation;
- the terms of the agreement must comply with the tender documentation (or it can be changed only in certain points).
What should be provided for in a contract for the purchase of goods?
The contract must prescribe all the conditions that meet the requirements of the Law of Ukraine No. 922-VIII. Such conditions include:
- the subject of the agreements (nomenclature, quantity and quality requirements for the goods being purchased);
- the price of the contract (the specific cost of the goods, which should not differ from the content of the winner's tender offer);
- the validity period (the period during which the parties fulfill their obligations);
- the procedure for making changes (in particular, in cases where there is a price reduction);
- liability for violation of the conditions (fines in the amount established in Article 231 of the Commercial Code of Ukraine, respectively).
What are the main annexes that need to be prepared for a contract for the purchase of goods?
A contract for the purchase of goods is usually supplemented by several important annexes that ensure its completeness and legal force. These documents confirm the legality of the agreement, specify its terms and contain the necessary information about the participants. Such annexes should include the following:
- first, information about the participant's right to sign (for example, an order appointing a manager);
- second, copies of licenses and other permits (for example, for construction work);
- third, estimate documentation (must contain information about prices for material resources);
- fourth, any additional agreements (regarding an increase in the price per unit of goods up to 10%, extension of the contract term due to force majeure, etc.);
- finally, a report on the implementation of the contract for the purchase of goods.
What are the main deadlines that must be observed when preparing a contract for the purchase of goods?
In accordance with the provisions of the Law of Ukraine No. 922-VIII, the following deadlines must be taken into account for the legal conclusion of such agreements:
- no earlier than 10 days (time for concluding an agreement from the date of publication in the system of the notice of intention);
- no later than 20 days (term for concluding an agreement from the moment of announcing the intention to do so when conducting simplified public procurement);
- no later than 35 days (for signing agreements with the winner of the tenders held within the framework of the negotiated procedure).
The above list of deadlines is not exhaustive. For more detailed information on this, we recommend that you consult our tender lawyer.
What services do our lawyers provide as part of supporting the development of a contract for the purchase of goods?
The law firm “Prikhodko & Partners” monitors the updating of legislation and judicial practice in cases of tender procurement. Our lawyers and advocates, who have experience and qualifications, are constantly improving their skills in order to be as useful as possible for customers and tender participants. Therefore, as part of legal support, they can also provide the following services:
- consultations on any issue in this area;
- full development of a draft contract for the purchase of goods;
- legal analysis of an already completed contract, making appropriate changes to it and adapting it to the tender documentation;
- preparation of annexes to the main agreement;
- support for signing the contract with the tender winner.
Summing up, the contract for the purchase of goods is one of the key elements of the public procurement system. It clearly regulates the relationship between the customer and the tender winner and is the basis for finalizing the procurement procedure as a whole. To properly prepare it (including its annexes) and sign it with the winner, we recommend contacting a tender lawyer from our company “Prikhodko & Partners”. He will help ensure that the contract complies with all legislative requirements, tender documentation, and accompany the entire process of completing the tender from beginning to end.
Do you have any questions? Fill out the form below, find out the cost of our lawyer's services, and receive full support in concluding a contract for the purchase of goods.
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