for conclusion of a contract for the provision of services for repair, technical maintenance, balancing and restoration of equipment
City of Dnipro Edition of “01” September 2026
Limited Liability Company “AVAL ENGINEERING”, EDRPOU code 46262795, hereinafter referred to as the “Contractor”, represented by Director Andrii Mykolaiovych Tkach, acting on the basis of the Charter, hereby offers any legal entity, individual entrepreneur or other customer who accepts the terms of this offer to conclude a contract for the provision of services on the terms set out below.
This offer is intended primarily for orders related to the economic, production, agricultural, service or other professional activities of the Customer. Orders by individuals for personal, family or household needs are possible only after separate agreement by the Contractor of the terms of such an order.
The terms of a specific order are determined by this offer, the invoice for payment, the application, the technical assignment, the defect report, the protocol, the act of acceptance and transfer of the work performed (services rendered) and/or other documents agreed by the Parties.
1. TERMS AND DEFINITIONS
1.1. “Offer” — this proposal of the Contractor to conclude a contract for the provision of services on the terms defined therein. The Offer is posted in open access on the Contractor’s website, may be sent by e-mail, in messengers, through the electronic document management system or provided to the Customer in any other way.
1.2. “Acceptance” — full and unconditional acceptance by the Customer of the terms of the Offer. Acceptance may be effected by payment of the invoice, written or electronic confirmation of the order/invoice/commercial proposal, transfer of equipment or parts to the Contractor, signing of the Act, actual acceptance of the result of the Services or commission of other actions that clearly indicate the Customer’s consent to receive the Services on the terms of this Offer.
1.3. “Customer” — a legal entity, individual entrepreneur or other person who has applied to the Contractor with an application, received an invoice and/or made Acceptance of this Offer.
1.4. “Parties” — the Contractor and the Customer together; each separately — a “Party”.
1.5. “Services” — services for repair, technical maintenance, balancing, restoration of equipment, assemblies, units and spare parts, laser alignment, diagnostics, machining, welding, locksmith, installation, dismantling and other related technical works/services agreed by the Parties for a specific order.
1.6. “Order” — the volume of Services agreed by the Parties with respect to specific equipment, assembly, unit, part or other object of the Customer.
1.7. “Invoice” — a document of the Contractor that may specify the name of the Services, scope of work, cost, payment procedure, terms, materials, spare parts and other terms of a specific Order.
1.8. “Act” — an act of acceptance and transfer of the work performed (services rendered) confirming the fact of performance and acceptance of the Services under a specific Order.
1.9. “Equipment/parts” — equipment, assemblies, units, rotors, shafts, drums, fans, pulleys, crushers, combine units, spare parts and other items of the Customer with respect to which the Services are provided.
2. GENERAL PROVISIONS AND PROCEDURE FOR CONCLUSION OF THE CONTRACT
2.1. This Offer is a proposal of the Contractor to conclude a contract for the provision of services. The contract is considered concluded from the moment of Acceptance by the Customer of this Offer with respect to a specific Order.
2.2. By Acceptance of the Offer the Customer confirms that he has familiarized himself with the terms of the Offer, fully understands their content, has the necessary civil and economic legal capacity, acts voluntarily and agrees to fulfill the terms of this Offer.
2.3. The Contractor has the right, prior to the commencement of the Services, to refuse to accept the Order or to propose other terms if performance of the Order is technically impossible, economically inexpedient, dangerous, requires special permits/approvals, does not correspond to the Contractor’s field of activity, or the Customer has not provided the necessary information, documents, equipment, access or payment.
2.4. If for a specific Order the Parties have agreed a separate written contract, additional agreement, specification, technical assignment, application, protocol, defect report, invoice or Act, such documents form an integral part of the contract with respect to the relevant Order.
2.5. In the event of discrepancies between the terms of this Offer and the terms of the invoice, Act, technical assignment, application, defect report, protocol, additional agreement or other document agreed by the Parties, the terms of such document with respect to the specific Order shall prevail.
2.6. A specification is not a mandatory document under this Offer and is drawn up only at the separate request of the Parties.
2.7. The place of conclusion and performance of the contract in the part of organizational and settlement actions is the location of the Contractor, unless otherwise agreed by the Parties.
3. SUBJECT OF THE CONTRACT
3.1. The Contractor undertakes, at the Customer’s request, to provide the Services, and the Customer undertakes to accept and pay for the properly provided Services.
3.2. The specific list of Services, the name of the equipment, assemblies, units or spare parts, terms of performance, cost, payment procedure, requirements for the result, warranty conditions and other essential terms are determined primarily in the invoices and Acts, as well as, if necessary, in technical assignments, applications, defect reports, protocols, additional agreements, specifications or other documents agreed by the Parties.
3.3. When providing the Services the Contractor takes into account the technical requirements of the Customer provided in the assignments, sketches, drawings, defect reports, technical conditions or other documents, provided that such requirements were transferred to the Contractor prior to the commencement of the Services and are technically feasible.
3.4. The final result of the Services provided is the performance of the agreed scope of works/services with respect to the equipment, assemblies, units or spare parts of the Customer. The Contractor does not guarantee the elimination of defects, causes or consequences that were not included in the agreed scope of the Services or arose through no fault of the Contractor.
3.5. If during the performance of the Services hidden defects, additional damage, inconsistency of technical information with the actual condition of the equipment or the need for additional works/materials are discovered, the Contractor notifies the Customer thereof. In such a case the terms and cost of the Services may be changed by agreement of the Parties. Until the additional terms are agreed, the Contractor has the right to suspend performance of the relevant Order.
4. OBLIGATIONS AND REPRESENTATIONS OF THE CUSTOMER
4.1. The Customer is obliged to provide the Contractor with complete, reliable and sufficient information necessary for the provision of the Services, in particular regarding the place of installation of the part, the nature of loads, the working environment, operating modes, previous repairs, hidden defects, accidents, design changes and other operating conditions.
4.2. The Customer is obliged to transfer to the Contractor the equipment/parts in a condition that allows safe inspection and performance of the works, as well as to provide the necessary technical documentation, drawings, tolerances, seating dimensions, requirements for balancing, alignment, geometry, materials and other parameters if such requirements are essential for the result.
4.3. The Customer confirms that he has ownership or other lawful right to transfer the equipment/parts to the Contractor for the provision of the Services, and that such equipment/parts are not under arrest, pledge or in dispute that may hinder performance of the Order, unless otherwise notified in writing to the Contractor prior to transfer.
4.4. The Contractor has the right not to commence, to suspend or to extend the term of performance of the Services in the event of failure by the Customer to provide the necessary information, equipment, parts, access, technical documentation, prepayment or other actions/documents necessary for proper performance of the Services.
4.5. The Customer bears responsibility for the consequences of providing incomplete, unreliable or untimely technical information, as well as for the consequences of operating equipment with hidden defects, worn related assemblies, incorrect installation or violation of operating modes.
5. TERMS OF PERFORMANCE AND PROCEDURE FOR ACCEPTANCE AND TRANSFER OF SERVICES
5.1. Unless another term is specified in the invoice, Act, technical assignment, application, additional agreement or other written agreement of the Parties, the term for performance of the Services is 14 (fourteen) calendar days from the date of simultaneous fulfillment of the following conditions: agreement by the Parties of the assignment or scope of works, receipt by the Contractor of the prepayment, transfer by the Customer of the equipment/parts and the necessary technical information.
5.2. Transfer of equipment, assemblies, units or spare parts to the Contractor and their return to the Customer is carried out by the forces, means, at the expense and at the risk of the Customer, unless otherwise agreed in writing by the Parties. If necessary, the Parties may draw up a separate act of acceptance and transfer of the equipment/parts.
5.3. After performance of the Services the Contractor notifies the Customer by telephone, e-mail, through the electronic document management system, messenger or in another way that allows recording the fact of notification. Thereafter the Parties inspect the result of the Services, and the Contractor transfers the Act to the Customer.
5.4. If within 5 (five) business days from the date of receipt of the Act the Customer has not signed the Act and has not sent the Contractor a written reasoned refusal indicating specific deficiencies, the Services are considered accepted by the Customer without comments, and the Act is considered to confirm proper performance of the Services and is the basis for final settlements.
5.5. The date of acceptance of the Services is the date of signing of the Act by the Parties or the date from which the Services are considered accepted in accordance with clause 5.4 of this Offer.
5.6. A conclusion, protocol, report or other document with measurement indicators is provided only if the Customer has notified in writing of such a need prior to the commencement of the Services or if such a document is expressly provided for by the invoice, Act, technical assignment, application, additional agreement or other document agreed by the Parties. If the preparation of such a document is not included in the cost of the Services, it may be paid for separately.
5.7. In the event of discovery by the Customer of deficiencies during acceptance of the Services, the Parties draw up a bilateral act describing the specific deficiencies, the reasons for their occurrence if possible, the procedure and term for elimination. In the absence of such an act, claims regarding obvious deficiencies are considered unfounded.
5.8. The Contractor eliminates at its own expense only those confirmed deficiencies that arose through its fault and relate specifically to the agreed scope of the Services. The term for elimination of deficiencies is determined by the Parties taking into account the nature of the deficiencies, the technological possibility of their elimination, the availability of the necessary materials/spare parts and access to the equipment.
5.9. The Customer has no right to independently or through third parties eliminate deficiencies with subsequent allocation of costs to the Contractor without prior written notification of the Contractor, providing the Contractor with the opportunity to inspect the result of the Services and eliminate the confirmed deficiencies by its own forces.
5.10. If the Customer has not collected the equipment/parts within 10 (ten) business days after notification by the Contractor of the readiness of the result of the Services, the Contractor has the right to charge a storage fee or to demand reimbursement of documented storage costs. The Contractor is not liable for natural deterioration of condition, corrosion, loss of properties or other consequences of prolonged storage if they are not caused by proven fault of the Contractor.
5.11. The Contractor provides properly executed documents for the work performed in accordance with the requirements of the current legislation of Ukraine, in particular an invoice for payment, the Act, and if the Contractor is a VAT payer — a tax invoice in electronic form registered in the Unified Register of Tax Invoices in the manner and within the time limits established by the current legislation of Ukraine.
6. COST OF SERVICES AND SETTLEMENT PROCEDURE
6.1. The cost of the Services is determined in the invoices, Acts, technical assignments, applications, defect reports, protocols, additional agreements or other documents agreed by the Parties.
6.2. Unless otherwise expressly stated in the invoice, Act or other agreed document, the cost of materials, spare parts, consumables, transportation, loading, unloading, business trips, urgent performance and additional works is not included in the cost of the Services and is paid by the Customer separately by agreement of the Parties.
6.3. The total amount of the contract with respect to a specific Order consists of the amount of the relevant invoice and/or Act, and the total amount of the Parties’ relations consists of the amounts of all invoices paid by the Customer and all signed or accepted Acts.
6.4. All settlements are made exclusively in the national currency of Ukraine — hryvnia, unless otherwise expressly permitted by the current legislation of Ukraine and separately agreed by the Parties.
6.5. Payment is made by the Customer in a non-cash manner by transferring funds to the current account of the Contractor. The date of payment is considered the date of crediting the funds to the current account of the Contractor. Bank commissions and other expenses related to payment are borne by the Customer, unless otherwise agreed in writing by the Parties.
6.6. Unless otherwise specified in the invoice, Act, additional agreement or other written agreement of the Parties, payment for the Services is made in the order of 100% (one hundred percent) prepayment on the basis of the invoice issued by the Contractor.
6.7. The Contractor has the right not to commence performance of the Services, to suspend their performance or not to transfer the result of the Services/equipment until full payment of the relevant invoice and/or repayment of the Customer’s overdue debt.
6.8. In the event of agreement by the Parties of post-payment or partial deferred payment, the Customer is obliged to pay the relevant amount within the term specified in the invoice, Act, additional agreement or other document agreed by the Parties. In the absence of a separately specified payment term, payment is made within 3 (three) banking days from the date of issuance of the invoice or signing/acceptance of the Act.
6.9. Set-off of counterclaims, withholding of payments, reduction of the cost of the Services or unilateral refusal to pay are not allowed without the prior written consent of the Contractor, except in cases expressly provided for by the current legislation of Ukraine.
7. QUALITY, WARRANTIES AND TECHNICAL LIMITATIONS
7.1. The quality and completeness of the Services performed must comply with the terms of this Offer, the technical assignment, the invoice, the Act or other document agreed by the Parties, as well as the mandatory norms and technical requirements established by the current regulatory acts of Ukraine for the relevant type of works/services.
7.2. The quality and completeness of the Services performed are considered accepted by the Customer after signing the Act or acceptance of the Services in the manner provided for by clause 5.4 of this Offer, except in cases of hidden defects that could not be detected during ordinary acceptance.
7.3. Unless otherwise specified by the invoice, Act, technical assignment, additional agreement or other document agreed by the Parties, the Contractor’s warranty obligations with respect to the Services performed are valid until the moment of the first start-up, the first commissioning or the first actual use of the equipment, assembly, unit or part after performance of the Services.
7.4. The fact of the first start-up may be confirmed by the Act, written notification of the Customer, operating data or actual use of the equipment, assembly, unit or part for its intended purpose. Until the moment of the first start-up the Customer is obliged to ensure proper storage, transportation and prevention of interference by third parties with the relevant equipment, assembly, unit or part.
7.5. After the first start-up the Contractor is not liable for the subsequent technical condition, repeated appearance of vibration, wear, damage or other consequences of operation, except in cases where the Customer has documented that such deficiencies arose solely through the fault of the Contractor during performance of the Services.
7.6. The warranty applies exclusively to the scope of Services actually performed by the Contractor and does not apply to the equipment/parts as a whole, their natural wear, design deficiencies, hidden defects, material defects, previous repairs, related assemblies or systems that were not the subject of the Services.
7.7. In the event of discovery of hidden defects that the Customer associates with the Services performed, the Customer is obliged to immediately, but not later than 3 (three) business days from the moment of their discovery, notify the Contractor in writing and ensure the possibility of inspection of the equipment/parts by a representative of the Contractor. Prior to inspection by the Contractor the Customer has no right to disassemble, repair or change the condition of the relevant equipment/parts if this may make it impossible to establish the causes of the defect.
7.8. The Contractor is not liable for defects, damage, repeated appearance of vibration or other consequences that arose as a result of improper operation, installation, alignment, overloading, violation of technological modes, use of equipment not for its intended purpose, interference by third parties, poor-quality or worn related assemblies, hidden material defects, corrosion, deformation, accidents, transportation, storage or provision by the Customer of incomplete or unreliable technical information.
7.9. In the case of balancing, the Contractor is responsible for the result of balancing within the agreed conditions, methodology and technical possibility of performing measurements. The Contractor does not guarantee the absence of vibration caused by bearings, foundation, couplings, drives, fits, geometry, coaxiality, operating modes, installation defects or other factors that were not included in the agreed scope of the Services.
7.10. In the event of an unjustified call of a representative of the Contractor, when the defect is not confirmed or arose through no fault of the Contractor, the Customer reimburses the Contractor for the documented expenses related to such a visit, inspection or check.
7.11. If for the performance of certain works under the legislation of Ukraine special permits, declarations, approvals or involvement of a specialized/expert organization are required, such conditions are agreed by the Parties separately prior to the commencement of the relevant works. The Contractor is not considered to have assumed the obligation to perform licensed, permitting or expert functions if this is not expressly provided for by a separate written agreement of the Parties.
8. LIABILITY OF THE PARTIES
8.1. In the event of violation of obligations under the contract the guilty Party bears liability in the manner and to the extent determined by this Offer and the current legislation of Ukraine.
8.2. A breach of the contract is non-performance or improper performance by a Party of its obligations, in particular performance in violation of the terms, deadlines, quality or procedure determined by this Offer, invoices, Acts, technical assignments, applications, additional agreements or other documents agreed by the Parties.
8.3. For violation by the Customer of payment deadlines the Customer pays the Contractor a penalty in the amount of double the discount rate of the National Bank of Ukraine that was in effect during the period of delay, on the amount of the overdue payment for each day of delay.
8.4. For violation by the Contractor of the deadlines for performance of the Services, the Contractor’s liability arises only if the delay arose through the fault of the Contractor and was not caused by actions/inaction of the Customer, third parties, lack of payment, materials, information, access, hidden defects, additional works or force majeure circumstances.
8.5. The total amount of the Contractor’s liability for any claims related to a specific Order may not exceed the cost of the Services actually paid by the Customer under the relevant Order, except in cases of intentional infliction of damage.
8.6. The Contractor is not liable for indirect damages, lost profits, loss of profit, production downtime, loss of harvest/season, fines of third parties, reputational losses or other consequences that are not directly related to the proven fault of the Contractor and the agreed scope of the Services.
8.7. A Party is not liable for a breach of the contract if it proves that such a breach occurred through no fault of its own, in particular as a result of actions or inaction of the other Party, third parties, force majeure circumstances or other circumstances that the Party could not foresee or prevent by reasonable measures.
8.8. If the Contractor is a VAT payer and through its fault has not registered a tax invoice/adjustment calculation or has registered them in violation of the requirements of the Tax Code of Ukraine, as a result of which the Customer has lost the right to a tax credit, the Contractor compensates the Customer for documented direct damages in the amount of the VAT sum with respect to which the Customer has actually and finally lost the right to a tax credit.
9. FORCE MAJEURE
9.1. The Parties are released from liability for partial or complete non-performance of obligations if such non-performance was a consequence of circumstances of irresistible force that arose after the conclusion of the contract and which the Party could not foresee or prevent by reasonable measures.
9.2. Circumstances of irresistible force include, in particular, war, military actions, combat operations, rocket or other shelling, air raid alerts, mobilization measures, blockades, curfew, prohibitions or restrictions of state authorities, impossibility of transport communication, power outages, communication interruptions, fires, floods, epidemics, embargoes, strikes, accidents, and other extraordinary and unavoidable circumstances.
9.3. The Party that refers to force majeure must notify the other Party of such circumstances within 10 (ten) calendar days from the moment it became aware of their occurrence, if such notification is technically possible.
9.4. Sufficient confirmation of the occurrence and effect of circumstances of irresistible force is a document issued by the Chamber of Commerce and Industry of Ukraine, the relevant regional chamber of commerce and industry or another authorized body. If obtaining such a document is complicated, the Party may provide other proper evidence of the existence of the relevant circumstances until official confirmation is obtained.
9.5. Upon the occurrence of the said circumstances the term for performance of contractual obligations is postponed for the time during which such circumstances or their consequences will be in effect.
9.6. If the said circumstances and their consequences last more than 3 (three) consecutive months, each of the Parties has the right to initiate termination of the relevant Order or the contract after mutual settlements for the Services actually provided, expenses incurred and obligations accepted by the Parties.
10. CONFIDENTIALITY, PERSONAL DATA AND USE OF INFORMATION
10.1. The Parties undertake not to disclose to third parties commercial, technical, financial and other information obtained during performance of the contract, except in cases where such disclosure is necessary for performance of the contract or is expressly provided for by law.
10.2. Neither Party has the right to publicly use the name, logo, commercial designation or information about cooperation with the other Party in advertising, marketing or presentation materials without the prior written consent of such other Party.
10.3. By Acceptance of this Offer the Customer consents to the collection, processing, use and storage of personal data of the Parties’ representatives exclusively for the purpose of performance of the contract, conduct of economic relations, accounting and tax records, electronic document management and protection of the Parties’ rights.
10.4. The tax status of the Parties is determined in accordance with the current legislation of Ukraine and the data of the relevant state registers as of the date of the economic transaction.
11. ELECTRONIC DOCUMENT MANAGEMENT AND NOTIFICATIONS
11.1. Documents related to the performance of the contract may be created, signed, transmitted, stored and used in electronic form as electronic documents in accordance with the legislation of Ukraine.
11.2. The following may be created and signed in electronic form: invoices, acts of acceptance and transfer of the work performed (services rendered), reconciliation acts, technical assignments, applications, defect reports, protocols, specifications if necessary, claims, letters, notifications and other documents related to the performance of the contract.
11.3. Creation, signing and exchange of electronic documents may be carried out using the “M.E.Doc IS”, “Vchasno”, “SOTA”, “Paperless” systems or other similar specialized electronic document management services agreed by the Parties.
11.4. Signing of electronic documents is carried out by authorized persons of the Parties using qualified or advanced electronic signatures based on a qualified public key certificate, unless otherwise permitted by the current legislation of Ukraine.
11.5. The term for signing electronic documents using QES/AES and returning the signed documents to the other Party is 3 (three) business days from the date of their sending by the sending Party through the electronic document management system, unless another term is agreed by the Parties.
11.6. Electronic documents, in particular Acts, are considered agreed and effective if they were signed by the sending Party and sent to the receiving Party, but within the term provided for by this Offer the receiving Party has not signed such documents and/or has not sent a reasoned refusal to sign them indicating specific reasons.
11.7. All notifications, invoices, acts, claims and other documents may be sent by post, courier, e-mail, through the electronic document management system, messenger or in another way that allows recording the fact of sending.
11.8. At the request of one of the Parties any document created in electronic form may additionally be executed and signed in paper form if such a need arises.
11.9. The Customer has the right to receive the text of this Offer in a form that makes it impossible to change its content by downloading a file from the Contractor’s website or by sending a request to the Contractor by e-mail.
12. TERM OF THE OFFER, AMENDMENT AND TERMINATION
12.1. This Offer enters into force from the date of its posting on the Contractor’s website or sending to the Customer and remains in force until its withdrawal, replacement by a new edition or termination of its effect by the Contractor.
12.2. The Contractor has the right to unilaterally change the terms of this Offer by posting a new edition on the Contractor’s website or sending it to the Customer. The new edition of the Offer applies to Orders accepted after the date of entry into force of such edition, unless otherwise expressly stated in the new edition or agreed by the Parties.
12.3. The terms of the Offer in force at the moment of Acceptance of a specific Order apply to such Order until full performance by the Parties of their obligations, unless otherwise agreed by the Parties.
12.4. The Contractor has the right to refuse performance of the Order prior to the actual commencement of the Services with return to the Customer of the payment received if performance of the Order has become impossible, dangerous, illegal or technically inexpedient.
12.5. The Customer has the right to refuse the Order prior to the actual commencement of the Services, compensating the Contractor for the expenses actually incurred. If performance of the Services has already commenced, the Customer pays for the works actually performed, materials/spare parts used and other agreed or necessary expenses of the Contractor.
13. DISPUTE RESOLUTION
13.1. All disputes arising from the contract or related to it are resolved by the Parties through negotiations.
13.2. Prior to applying to the court the Party that considers its rights violated has the right to send the other Party a written claim indicating the essence of the violation, the demands and the documents confirming them. The term for consideration of the claim is 10 (ten) business days from the date of its receipt, unless another term is established by law or agreed by the Parties.
13.3. In the event of failure to reach a mutually acceptable decision the dispute is submitted for consideration to the commercial court at the location of the Contractor, if this does not contradict the rules of exclusive jurisdiction established by the current legislation of Ukraine.
13.4. The law of Ukraine applies to the legal relations of the Parties.
14. DETAILS OF THE CONTRACTOR
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| Indicator | Data |
| ---------------------- | ---------------------------------------------------------------------------------------------- |
| Full name | Limited Liability Company “AVAL ENGINEERING” |
| Legal address | 49098, Ukraine, Dnipropetrovsk region, city of Dnipro, Liubarskoho Street, building 82, apartment 22 |
| EDRPOU code | 46262795 |
| TIN | 462627904625 |
| IBAN | UA413054820000026006300449286 (UAH) |
| Bank | Branch DNIPROPETROVSK REGIONAL DEPARTMENT OF JSC “OSCHADBANK” |
| Bank MFO | 305482 |
| Phone | 066 118-80-59 |
| Website | https://a-val.com.ua |
| E-mail | ____________________________ |
| Director | Andrii Mykolaiovych Tkach |By Accepting this Offer the Customer confirms that the terms of the Offer are clear, acceptable and binding upon him with respect to the relevant Order.