Contrato Estimatorio
Contrato Estimatorio
to translate to the English and Spanish languages, according to the resolution number 34 issued
by the Ministry of Education on July the twelve, two thousand and seven and registered in the
general Officer of Personnel under number 37. Granting to such translations legal value and
public faith. DO HEREBY CERTIFY: To have had at sight a Estimative and Supply Contract,
written in Spanish which content faithfully translated by me into English to the best of my
knowledge and ability reads as follows:-----------------------------------------------------------------------------
with domicile in Calzada Roosevelt 22-40, Z. 11, office 12 “D” Torre Luna, Tikal
blank], of this domicile who identifies with the identity document Order A-1 No.
authorized in this city on November 24th, 1998 for the Public Notary Max
Assistants. On the other side appears Mrs. [in blank], (hereinafter will be referred
to as the provided), who is [in blank] years old, [in blank] (civil status),
Guatemalan, [in blank), of this domicile, who identifies with the identity document
Order [in blank], dash [in blank], and Order [in blank], issued by the Municipal
Mayor [in blank], of the Department [in blank]. The appearing parties assure to be
in the free exercise of their civil rights; and that they have the qualification and
the personal information above consigned; moreover that the representation that
they execute is legal and sufficient according to law to hold the present contract.
The appearing parties, for this act, execute ESTIMATIVE AND SUPPLY
that prove with the commercial patent of Companies, identified under number
201,052, folio 33, of the book 160 of unique category and with the commercial
patent of the identified Company with number 39539, folio 169, of the book 132
of Commercial Companies.-----------------------------------------------------------------------
SECOND: The provision. The provider declares that she obligates to supply her
product ordered by the provided, according with the technical and commercial
norms approved by the legitimate authorities and the needs of the supplied,
being obligated the latest to pay in cash the value of the purchase made.-----------
THIRD: General Conditions. The relations between the contracting parties will
THE TERM: The term of the present contract will be of six months beginning at
the moment in which is signed the present contract, term that will be prorogated
automatically for six months new periods, unless that one of the parties informs
in advance at least 15 days before the expiry of the present contract, in a written
way, declaring his or her intension to finish it. Furthermore, the parties convey
to finish the contract automatically without any responsibility being obligated the
provided person to pay to the provider any balance to her favor that the account
shows, plus interests of the 3% monthly over balances, accepting as good, liquid
and required the balance that the account shows. B. THE PRICE OF THE
will invoice to the provided the products at the wholesale prices that would be at
the current price at the date of received the product, in the indicated place, for
without any responsibility. All payment will be done by the provided in quetzals,
CAPRICES, SOCIEDAD ANONIMA, place that the provided tells she knows
personally or depositing the credited amount in the bank accounts that the
ANONIMA. Furthermore, the provided obligates to sell the products at the price
indicated by the provided, as long as the provided has paid the total amount in
debt for the preceding order. D. OF THE FORM OF PAYMENT: The provided
obligates to pay the provider the amount in debt for the order received within the
three following working days after the merchandise has been received, granting a
five percent discount (5%) of the amount in debt. If within the previous indicated
term the provider does not pay the totality of the owed sum, a term with a
noncompliance in the form of payment, the provided accepts that the provider
does not remain obligated to send off the orders that she requires and can
negligent delay for unsettled balances of previous orders; b) If the provided fails
to comply any of the stipulations and conditions of the present contract; c) If for
obligated to accept the required orders, according to their credit policy, c) that the
arising conflicts due to this contract will be exclusive competence of the tribunals
receive notifications, the provider: [in blank], and the provided [in blank], in the
understanding that will be valid, well done, and legal those that has been done in
that place while any change is communicated in a written way. And c) Both
parties recognize the present document as a perfect execution title and as good,
liquid, required and of expired term the accounts that would arise. Both parties
reiterate that they resign to the privileges of their domiciles and that they
citations and summons that are verified in the indicated directions as a place to
FIFTH: Acceptance. Both appearing parties finally manifest that in the previous
exposed terms, accept, expressly the present contract concerning to each other.
In the city of Guatemala, the day [in blank] of [in blank] of the year two thousand
[in blank], as Notary, I ATTEST: that the signatures that precede are
AUTHENTIC, for having been placed the day of today in my presence by [in
blank], who identifies with the Identity Document Order [in blank] (in blank)
issued by the Municipal Mayor of the department of [in blank], and by [in blank],
who identifies with the Identity Document Order [in blank] (in blank) of Registry
[in blank] (in blank), issued by the Mayor of [in blank], department of [in blank],
whose, together with the undersigned notary, again sign at the bottom of the
IN WITNESS WHEREOF, at the request of the interested party and for the legal uses such party
may deem convenient and without assuming any responsibility whatsoever for the contents of the
translated document, duly compared with the original document written in Spanish in five sheets
of bond paper, whereunto I issue, sign and seal the present sworn translation in Guatemala City
on the fourteenth day of the month of July, two thousand and seven.