When the need arises to change their place of residence, owners of real estate most often resort to a transaction related to the purchase or sale of property. However, there are situations when, instead of exchanging housing for a certain amount of money, citizens prefer to make an equivalent exchange of one property for another. If you are faced with a similar situation, then it is worth keeping in mind that to confirm the fact of transfer of real estate between the parties to the transaction, an exchange agreement is drawn up. The following publication will help you become more familiar with the rules for drawing up an agreement, as well as the principles of the transaction.

Deal Features

In accordance with the content, an exchange agreement is an agreement on the transfer of real estate into ownership from one owner to another. It is assumed that when a bilateral agreement is drawn up, both parties to the transaction have obligations to exchange real estate. It follows from this that the participants in the contractual relationship simultaneously sell and buy new property, which means that each of them acts as a seller and a buyer. The ability to implement two transactions within one is a key feature of an exchange agreement, which distinguishes it from other types of civil law agreements.

In addition, you need to pay attention to the following characteristic features of the barter agreement:

It is important to know...

• According to general rules, a real estate exchange transaction is carried out in relation to objects of equal value. However, finding equivalent housing for exchange is not easy. Therefore, by law, the parties have the right to agree on the amount of additional payment to compensate the party whose property is less in value;
• It is prohibited to exchange real estate for a certain amount of money, since this is contrary to the principles of the exchange agreement;
• The agreement is consensual and compensated;
• In most cases, the transfer of ownership to new property owners occurs simultaneously. In some situations, participants in contractual relations have the right to determine different terms for the exchange of property and indicate them in the text of the document;
• When concluding an exchange agreement with items of equal value, persons interested in exchanging ownership rights to real estate are exempt from paying taxes. If the agreement is drawn up with the condition of making an additional payment, the amount of tax payments will be lower than in the case of purchase and sale;
• If the real estate has several owners, then before signing the exchange agreement, you should obtain written permission from third parties to carry out the exchange;
• If the transaction affects the interests of citizens who have not reached the age of majority, then before drawing up a civil law agreement, it is necessary to agree on the terms of the transaction with the guardianship and trusteeship authorities;
• The subject of the agreement has the right to be not only real estate, but also securities, movable property, and other valuables.

The parties to the exchange agreement can be both individuals and legal entities, as well as state and municipal entities. The main condition is that each of the parties participating in the exchange agreement is obliged to confirm the existence of ownership rights to the exchanged item through title documents. State and municipal institutions may be parties to an exchange agreement if the consent of the owner of the real estate to conclude the transaction has been obtained. It is allowed to exchange state property for private property.

How to draw up a contract for the exchange of real estate?

The legislation of the Russian Federation does not provide for a unified form of agreement for the exchange of real estate. It follows from this that a civil legal agreement is drawn up in accordance with the rules of official business documentation:

• Competent and consistent presentation of information;
• No errors or typos;
• Entering reliable information;
• Business style of presenting information.

In order to draw up a contract for the exchange of real estate correctly, it is recommended that you familiarize yourself with its generally accepted structure and content:

• First, indicate the name of the document, as well as the date and place of its execution;
• In the next section, you need to provide information about the parties to the transaction. If an agreement for the exchange of real estate is concluded between individuals, their personal and contact details are noted. With the participation of a legal entity or government agency, their name is indicated;
• Particular attention is paid to the characteristics of the exchanged objects. Since the objects of exchange are real estate, the location, floor or house number, total area and area of ​​each object separately are indicated. When exchanging residential premises, for example, for a car or securities, it is necessary to describe their individual characteristics;
• If there are deficiencies in the items of the exchange agreement, the parties must be informed about this. Information about the imperfections of the exchanged items is specified in the content of the agreement;
• One of the key clauses of the barter agreement is the clause that concerns the value of the items in the transaction. If the value of the real estate does not coincide and the indicated nuance is not reflected in the text of the agreement, the prices for the items of the transaction are considered equal. When this item is included in the document, the terms, methods and procedure for compensating the difference (in the form of cash or other objects) are also stipulated;
• The obligation of the parties to the contractual relationship is noted, which consists in the timely transfer of the subject of the transaction to the new owner. To do this, it is necessary to agree on and clarify the procedure and timing of the exchange;
• If third parties or citizens who have not reached the age of majority have ownership rights to real estate, it is necessary to indicate in the text of the document that permission to conclude the transaction has been received and attach written consent to the agreement;
• It must be indicated that the real estate is not under arrest, pledged and has no debts or encumbrances;
• In case of disputes, it is recommended to provide in the text of the agreement the procedure and methods for resolving relevant issues;
• Special attention must be paid to the penalties that will be applied to one of the parties in case of non-compliance with the terms of the barter agreement;
• At the end of the document, the signatures of the persons participating in the process are affixed, and their data is also indicated again. With the participation of legal entities or government agencies, stamps are affixed.

Unlike state registration, contacting a notary office to draw up and certify an exchange agreement is not a mandatory stage of the transaction. Participants in contractual relations have the right to independently draw up a document and certify its authenticity with their signatures. Subsequently, when contacting the registration authority, employees will additionally check the real estate exchange agreement and related documents. It is worth keeping in mind that contacting a notary has a number of positive aspects. These include the correct drafting of the agreement and the possibility of its restoration in the event of damage or loss.

Agreement on the exchange of real estate for movable property

The law establishes the possibility of persons interested in the exchange of property to enter into an exchange agreement in relation to real and movable property. The agreement must be drawn up in writing, indicating the essential terms of the bilateral transaction. To formalize an agreement for the exchange of real estate for movable property, the persons participating in the transaction may, if desired, contact a notary. If the parties have decided that they will draw up the document themselves, then they should remember the need to agree on the following key points:

• Description of the characteristics that individualize the items of the barter agreement. For example, if an apartment and a car are subject to exchange, it is necessary to indicate in the contents of the document the address, floor, total area and area of ​​​​each room separately, what furniture is included, and what shortcomings there are. When describing a car, you should note the make, color, technical characteristics, existing imperfections;
• If third parties have property rights in relation to the items of the transaction, information about them must be reflected in the text of the agreement;
• It is mandatory to determine and register the cost of objects of a civil contract. Since the parties involved in the process exchange real estate for movable property, it is important to establish the difference in the value of the objects and how to compensate for it. Otherwise, the owner of the highest value property will lose the opportunity to receive an additional payment.

Otherwise, the structure and content of the agreement for the exchange of movable property does not differ from the standard agreement.

An agreement to exchange real estate for movable property is subject to mandatory state registration, since one of the items being exchanged is real estate. To register a document, you need to write an application, prepare the necessary list of documentation and contact Rosreestr.

With surcharge

One of the key stages of the transaction associated with the conclusion of an agreement for the exchange of real estate is the stage of determining the price of each of the items to be exchanged. The unequal value of the exchanged real estate determines the need to formalize the agreement on new terms.

An agreement for the exchange of real estate with an additional payment, in addition to standard clauses, must include a section reserved for describing the items of the agreement. In addition to presenting detailed and reliable information characterizing the objects of the transaction, the cost of each of them is reflected. If it has been established that the prices for real estate transferred under an exchange agreement are different, this nuance must be indicated in the content of the agreement. It is also required to note the amount that should be compensated to the second party to the contractual relationship, the methods and procedure for compensation.

In addition to the opportunity to compensate for the difference in monetary terms, the parties have the right to agree on compensation for the additional payment through other property. For example, when exchanging a house of lesser value for another, you can include in the document information about the exchange of a house for a house with a car. Regardless of which object will be transferred into ownership, the other person should provide information about it, including its shortcomings.

Procedure for registering a contract for the exchange of real estate

Based on the content, state registration is mandatory in relation to all real estate objects. This also applies to an exchange agreement, according to which only one of the objects is real estate. It follows from this that ownership of real estate under an exchange agreement arises after contacting an authorized state body.

In order to avoid a refusal to register a real estate exchange agreement, the application must specify a list of persons who have ownership rights to the exchanged objects, including minor children. In addition, it is indicated that before signing the agreement, written permission was obtained to transfer ownership of the real estate to the new owner. Failure to comply with the specified legislative requirement will result in a refusal to register the exchange agreement.

To initiate the process of registering a bilateral agreement, each of the parties involved in the process must prepare a list of necessary documentation and fill out an application. The package of documents along with the application is submitted for consideration to employees of the territorial department of Rosreestr at the location of the real estate. In this case, a state duty in the amount of two thousand rubles is charged from individuals, and from legal entities in the amount of 22 thousand rubles.

When applying to different branches of Rosreestr to register an exchange agreement (when real estate is located in different areas), one of the authorities must notify the other of the receipt of documents for registering property rights. After reviewing the acts and making a decision to register the exchange agreement within five days, employees of one branch of Rosreestr must notify employees of another. If state registration is refused, a corresponding message is sent. If a positive decision is made, at the end of the process the parties to the transaction receive a certificate of ownership of the real estate.

Required documents

Since the agreement for the exchange of real estate is subject to state registration in Rosreestr, before contacting the designated institution, you should prepare a package of necessary documentation.

List of documents for registering a real estate exchange agreement:

• A duly completed application, quantity - two copies (from each of the participants in the civil agreement);
• Exchange agreement in three copies;
• Individuals provide a passport, and legal entities a constituent act, a document confirming registration as a tax payer and an extract from the Unified State Register of Legal Entities;
• A receipt certifying the fact of payment of the state duty;
• Cadastral passport of real estate;
• Power of attorney, if the interests of one of the parties are represented by an attorney;
• A document evidencing the existence of ownership rights to real estate;
• Transfer and acceptance certificate for the exchange agreement;
• Written consent of the guardianship and trusteeship authorities for the exchange of housing or part thereof, in which a person under the age of majority lives;
• Written consent of the remaining owners, if the object of the exchange agreement also belongs to third parties.

Is it subject to taxation?

When signing an agreement for the exchange of real estate, two transactions are carried out at once within the framework of one transaction, since the sale and acquisition of property occurs simultaneously. Based on this, similar tax conditions apply to this agreement as to a purchase and sale agreement.

Taxation features:

• Exchanged items of equal value are not subject to tax;
• If the value of the items in the agreement is unequal, a tax levy is levied in the amount of 13 percent of the income that was received by one of the parties for the sale of real estate;
• Only those owners who owned the subject of the transaction for less than three years from the date of acquisition have the obligation to pay personal income tax (regardless of the basis for acquiring property rights - purchase, gift, inheritance);
• If the owner has owned real estate for more than three years, he has the opportunity to exercise the right to receive a tax deduction against the tax that must be paid by the person.

It is important to note that concealment of the true surcharge or the amount of real estate transferred under an exchange agreement entails liability. Therefore, when entering information into the content of the agreement, it is advisable to indicate the exact amounts.

Under an exchange agreement, the parties are obliged to provide each other with some kind of goods in their ownership, but in exchange for the second.

The rules of Ch. 30 of the Civil Code on purchase and sale, if this does not contradict the essence of the exchange and the rules of the specified chapter.

In this case, both parties are sellers of the goods that they must transfer, and also at the same time buyers of the goods or things that they will accept in exchange.

Basically, an exchange agreement is used only to regulate relations interconnected with commodity circulation, equivalent and compensated transfer of property from owner to owner.

This document is aimed only at the paid sale of one’s property. In terms of its legal characteristics, as well as its economic content, this agreement is quite close to a purchase and sale agreement.

It is for this reason that when regulating relations, one must refer to the rules that govern relations under the purchase and sale document. Although, the exchange agreement is also an independent document with distinctive features.

One of them is that each counterparty can act in the contract both as a seller and as a buyer. Each party must be responsible for the quality of its goods or things, since the conformity of the transferred thing must necessarily meet the requirements of the contract.

Another and most important specific characteristic of this agreement is that both parties receive as an equivalent not money, but only a thing.

Parties to the exchange agreement

The subjects of this agreement can be legal entities and individuals, since the current legislation of our country does not have any special restrictions on such transactions.

Although there are exceptions, under which such transactions are not allowed to be carried out by business entities that occupy dominant positions in the market and who abuse this position.

Let us note that in most cases the parties to this agreement are also the owners of the exchanged property. Although it is allowed to enter into an exchange agreement for subjects of economic administration and operational management. In such cases, the right of operational management or economic management is transferred.

A significant condition of this agreement is the subject matter, which includes goods or things that have not been withdrawn from circulation. Although goods limited in circulation can become the subject of a contract only if there is permission from the party that receives the limited item in circulation.

Drawing up an exchange agreement, example

Basically, the same rules apply to the form of concluding this agreement as to a purchase and sale agreement. In rare cases, the price of a product or item is indicated.

If the price differs, then the costs of transferring goods, as well as their acceptance, are borne only by the party that must fulfill the corresponding obligations.

In this case, the price of the exchanged items and the distribution of expenses between both parties may not be agreed upon. If, in the opinion of the parties, the price of the goods or things being exchanged is not equivalent, then, accordingly, the transfer of the less valuable must be accompanied by payment of the difference. In such cases, indicating the value of the exchanged item is mandatory.

Below is a standard exchange agreement, an example and sample of which can be downloaded for free.

Barter agreement

g. _____________ "__"________ ____ g.

We refer to___ hereinafter as "Party 1", represented by _____________________________________, acting___ on the basis of ____________________________, on the one hand, and _____________________________________, hereinafter referred to as "Party 2", represented by ___________________________________, acting___ on the basis of _____________________________, on the other hand, collectively referred to as the "Parties" , and individually the “Parties”, have entered into this agreement (hereinafter referred to as the Agreement) as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. Each Party undertakes to transfer one product into the ownership of the other Party in exchange for another under the conditions specified in the Agreement.

1.2. The characteristics of the goods exchanged under the Agreement are given in the Specification (Appendix No. 1), which is an integral part of the Agreement.

1.3. Each Party guarantees that it is the owner of the goods transferred by it, which is not in dispute or under arrest, is not the subject of a pledge and is not encumbered by other rights of third parties.

2. EXCHANGE PROCEDURE

2.1. The exchange of goods under this Agreement is carried out (select the one you need/it is possible to agree on another exchange procedure)

- simultaneously within the following period: “___” __________ _____ at the following address: _______________________________________________________. The time for the exchange of goods is additionally agreed upon by the Parties ____________________________________________ (the method of agreement is indicated: by telephone, by fax, by e-mail, etc.).

- in the following order: Party 1 transfers the goods to Party 2 within the following period: “___” __________ _____ at the following address: _____________________________________________________; Party 2 transfers the goods to Party 1 within the following period: “___” __________ _____ at the following address: ____________________________________________________________. The time of delivery of the goods to each of the Parties is additionally agreed upon by them __________________________________________ (the method of agreement is indicated: by telephone, by fax, by e-mail, etc.).

2.2. Ownership of the goods exchanged under this Agreement passes to the Parties (select the desired one/it is possible to agree on another procedure for the transfer of ownership):

- simultaneously after the fulfillment of the obligation to transfer the goods to each of the Parties.

- immediately at the time of its delivery, regardless of the fulfillment of the obligation to transfer the goods by the other Party (this condition is possible if the goods are transferred in different periods in accordance with clause 2.1 of the Agreement).

2.3. Goods subject to exchange under this Agreement (select the one you need),

— are assumed to be equivalent. No monetary settlements are made under the Agreement between the Parties.

- are unequal. The difference in the price of the exchanged goods is determined according to the Specification and amounts to _____ (__________) rubles, including VAT _____ (__________) rubles. The Party whose goods cost less in accordance with the Specification must pay an additional amount to the other Party immediately before or after transferring the goods to it (it is possible to agree on a different period for additional payment of the difference in price).

3. RESPONSIBILITY OF THE PARTIES

3.1. For violation of the deadlines for the transfer of goods (clause 2.1 of the Agreement), a bona fide Party has the right to demand from the other Party payment of a penalty (penalty) in the amount of _____ percent of the cost of the goods specified in the Specification, the transfer deadline of which was violated, for each day of delay.

(clause 3.2 is included in the Agreement if the goods to be exchanged are of unequal value / otherwise, clause 3.2 should be deleted and the subsequent numbering changed)

3.2. For violation of the deadlines for making additional payments (clause 2.3 of the Agreement), a bona fide Party has the right to demand from the other Party payment of a penalty (fine) in the amount of _____ (__________) rubles. from the unpaid amount for each day of delay.

3.3. In all other cases of failure to fulfill obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

4. FORCE MAJEURE

4.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement in the event of force majeure, that is, extraordinary and unpreventable circumstances under given conditions, which mean: _____________________________________________ (prohibitory actions of authorities, civil unrest, epidemics, blockade, embargo, earthquakes, floods , fires or other natural disasters).

4.2. If these circumstances occur, the Party is obliged to notify the other Party about this within _____ days.

4.3. A document issued by _________________________________________________ (Chamber of Commerce and Industry, authorized government body, etc.) is sufficient confirmation of the presence and duration of force majeure circumstances.

4.4. If force majeure circumstances continue to apply for more than _________________, then each of the Parties has the right to terminate the Agreement unilaterally.

5. CHANGE AND TERMINATION OF THE AGREEMENT

5.1. All changes and additions to the Agreement are valid if made in writing and signed by both Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

5.2. The Agreement may be terminated by agreement of the Parties or at the request of one of the Parties on the grounds and in the manner provided for by the current legislation of the Russian Federation.

5.3. In the event of termination of the Agreement for any reason, the Parties are obliged to return to each other everything performed under it before the moment of its termination (this condition is not mandatory (clause 4 of Article 453 of the Civil Code of the Russian Federation)).

6. DISPUTE RESOLUTION

6.1. The parties will strive to resolve all possible disputes and disagreements that may arise under the Agreement or in connection with it through negotiations.

6.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.

7. FINAL PROVISIONS

7.1. The Agreement is drawn up in two copies, one for each of the Parties.

7.2. The following are attached to the Agreement:

— Specification of exchanged goods (Appendix No. 1);

— _____________________________.

7.3. Addresses, details and signatures of the Parties:

Party 1 Side 2 Name: ______________________ Name: ____________________ Legal address: _________________ Legal address: _______________ OGRN _______________________________ OGRN ___________________________________ Taxpayer Identification Number ________________________________ Taxpayer Identification Number ______________________________ KPP ________________________________ KPP ______________________________ Account ________________________________ Account ______________________________ in __________________________________ in ________________________________ Account ________________________________ Account ______________________________ BIC ________________________________ BIC ______________________________ OKPO _______________________________ OKPO _____________________________ On behalf of Party 1 On behalf of Party 2 ____________________ (__________) ___________________ (_________) M.P. M.P.

Essential terms of the exchange agreement

Under an exchange agreement, each party undertakes to give ownership of one item to the other party in exchange for another.

An exchange agreement is a transaction the essence of which is the transfer of property. All items delivered under the contract become the property of the receiving party.

One of the subtypes of exchange is barter. This deal is only applicable in foreign trade. To conclude such an agreement, the goods must be of equal value, and one of the parties must have a license.

The main condition agreement exchange is the presence of the item. Other conditions become significant if specified in the contract.

Any item free of encumbrances can be exchanged. However, a reservation should be made that a party cannot transfer what it does not have the right to dispose of. For example, shares cannot be the subject of an exchange agreement if the person who transfers them is not a member of the company. But products produced at the plant can be exchanged without the consent of the director of the enterprise.

If the exchange is for items of unequal value, then one of the parties (the one who received more) will have to make up the difference.

Other terms of the exchange agreement

The barter agreement is usually concluded in writing. You can make a transaction orally in the following cases:

• the amount of the contract between individuals does not exceed 10,000 rubles;
• the contract is executed upon conclusion.

As for the content of the barter agreement, the rights of one party correspond to the rights of the other. Moreover, if a citizen does not fulfill his obligations to transfer the goods, then the party that fulfilled its obligations has the right to demand termination of the contract and compensation for losses.

The legislator does not establish special requirements for the subjects of the barter agreement. However, if we assume that under the terms of the transaction an item must be transferred, then the parties must have a property right to this item (for example, ownership). That is, the subject composition of the transaction can consist of both individuals and legal entities, as well as constituent entities of the Russian Federation.

The Civil Code of the Russian Federation prescribes the condition that all costs under the barter agreement fall on the party performing this or that action. However, if we are talking, for example, about state registration in Rosreestr, then both parties pay the fee.

As for the term clause in the barter agreement, as a general rule things must be transferred at the same time. But if this is not the case, the document usually specifies the period within which the party must receive the item. It is from this time that the period will begin when the counterparty has not fulfilled its obligations, which means it must compensate the losses of the other party.

Land exchange agreement

The exchange agreement itself (Civil Code of the Russian Federation, Chapter 31) of a land plot is not subject to state registration in Rosreestr, however, the transfer of ownership of the plot is mandatory.

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In addition, it is assumed that the exchanged items are equivalent in value. If this is not the case, then one of the parties pays a certain amount specified in the contract.

In addition to this condition, it is recommended to include several more important provisions in the land exchange agreement:

• identification data of the site (cadastral number, its area, location, etc.);
• intended purpose of the land;
• real estate objects located on the site.

In most cases, the parties attach graphic plans or drawings to the exchange agreement, which indicate where the site is located.

Please note that easements may be established on the transferred plot. Check with the owner about them, or even better, write this condition in the exchange agreement.

A car exchange agreement is used when:

• the car owner cannot sell the vehicle for a long time;
• the trade-in scheme is used - exchanging an old car for a new one;
• It is necessary to exchange vehicles (one year old) without time difference.

A trade-in agreement is one of the easiest ways to get a new car. Its preparation and subsequent registration of the right will not take much time, and the owner will receive a new vehicle, as they say, without leaving the cash register.

The algorithm of actions is as follows:

• a car exchange agreement is drawn up and signed;
• The ownership of the vehicle is registered with the State Traffic Safety Inspectorate.

The legislator does not require notarization of the transaction, only at the request of the parties.

If an additional payment is made under the exchange agreement, this must be indicated in the document.

Agreement apartment exchange (sample 2017-2018 Rosreestr)

Download the contract form

An apartment exchange agreement is concluded for the purpose of exchanging real estate between the parties without attracting funds or with a minimal additional payment (if the cost of the apartments is different).

The main features that you should pay attention to when concluding an exchange agreement:

• an exact indication of the subject of the contract (address of the apartment, its cadastral number) and cost;
• a list of persons who can use the premises after the transaction is completed (otherwise the contract may be considered unconcluded).

The transfer of ownership of an apartment, conditioned by the conclusion and execution of an agreement for the exchange of an apartment, is subject to mandatory state registration in the territorial department of Rosreestr, that is, the parties are vested with ownership of the apartment only after registration of the transfer of rights in Rosreestr, and not at the time of exchange. Previously, certificates of ownership were issued, but currently they are not issued. All information is stored electronically in a register.

The exchange agreement (sample) can be obtained from a notary or drawn up yourself.

If you decide to draw up a contract yourself, follow our recommendations and you won’t have to waste time correcting the document:

• in the preamble, indicate the identification data of the parties (full name, passport details);
• write down the address, cadastral numbers and other information specifying the transferred living space;
• cost of the apartment;
• amount of surcharge (if any);
• grounds for owning an apartment (for example, details of a certificate of ownership or data from an extract from the Unified State Register of Real Estate);
• deadline for transfer of the subject of the contract.

If the apartment is owned by several citizens, then to conclude a transaction it is necessary to obtain the consent of all owners.

Everyone who was registered in the apartment should not lose their registration. This clause is stated in the exchange agreement. In addition, if there is a minor’s share in the exchanged housing, then it remains unchanged. If the minor is the owner, then the transaction requires the consent of the guardianship authorities.

Thus, a change of owner of real estate (including land plots) in respect of which an agreement has been concluded is subject to mandatory state registration.

Despite the peculiarities of concluding an agreement, most issues related to the exchange are regulated by the provisions on purchase and sale contained in Chapter 30 of the Civil Code of the Russian Federation.

SAMPLE AGREEMENT
EXCHANGE BETWEEN LEGAL ENTITIES

date and place of signing

Hereinafter referred to as the "First Party", represented by ___ (charter, regulations) ___, on the one hand, and ___ (organizational and legal form, name of legal entity) ___, hereinafter referred to as the “Second Party”, represented by ___ (position, surname, first name, patronymic) ___, acting on the basis ___ (charter, regulations) ___, on the other hand, have entered into this agreement as follows:

1. SUBJECT AND GENERAL CONDITIONS OF THE AGREEMENT

1.1. In accordance with this agreement, each party undertakes to transfer ownership of one product to the other party in exchange for another.

1.2. The name, assortment, quantity, quality and other characteristics of the goods to be transferred by the First Party are determined by Specification No. 1, signed by both parties and which is an integral part of this agreement.

1.3. The name, assortment, quantity, quality and other characteristics of the goods to be transferred by the Second Party are determined by Specification No. 2, signed by both parties and which is an integral part of this agreement.

1.4. The ownership of the exchanged goods under this agreement passes to the party receiving the goods from the moment the goods are transferred to it.

1.5. The “General Provisions on Purchase and Sale” (Chapter 30 of the Civil Code of the Russian Federation) apply to this agreement. In this case, each party is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The First Party, no later than ____ calendar days from the date of signing this agreement, undertakes to make the goods available to the Second Party in accordance with specification No. 1 at its location in the warehouse of the First Party, located at the address:
.

2.2. The Second Party, no later than ____ calendar days from the date of signing this agreement, delivers the goods in accordance with specification No. 2 to the warehouse of the First Party, located at the address: ________________________.

2.3. The transfer of goods is carried out by the parties according to acceptance certificates drawn up based on the results of checking the goods for quantity and quality directly on the day of their transfer in the presence of representatives of the parties.

2.4. Goods to be exchanged are assumed to be of equal value; goods are exchanged without additional payment. All costs of transfer and acceptance of goods are borne in each case by the party who bears the corresponding responsibilities.

2.5. Cash settlements between the parties under this agreement are not made.

2.6. To account for transactions under this agreement, the cost of goods in accordance with specification No. 1 is: ______________ rubles, including VAT in the amount of ________________ rubles; cost of goods in accordance with specification N 2 ________________ rub., including VAT in the amount of _________________ rub.

3. RESPONSIBILITY OF THE PARTIES

3.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the parties are liable in accordance with the current legislation of the Russian Federation.

3.2. In the event of a transfer of goods of inadequate quality, each party has the right, at its own discretion, to demand from the other party a proportionate reduction in the purchase price, gratuitous elimination of defects in the goods within a reasonable time, as well as reimbursement of its expenses for eliminating the defects of the goods.

3.3. The party that has committed a delay in fulfilling the obligation to transfer the goods shall pay the other party to this agreement a penalty in the amount of _______% of the cost of the goods to be transferred for each day of delay.

4. OTHER CONDITIONS OF THE AGREEMENT

4.1. This agreement comes into force from the moment it is signed by both parties and is valid until the parties fully fulfill their obligations.

4.2. This agreement is concluded in two copies having equal legal force, one for each of the parties.

4.3. All issues not regulated by this agreement are resolved in accordance with the current legislation of the Russian Federation.

4.4. All disputes arising in connection with the execution of this agreement shall be resolved in court in accordance with the current legislation of the Russian Federation.

4.5. All changes and additions to this agreement come into force upon signing by both parties.

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