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Contrato Estimatorio

Contrato estimatorio

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Gloria Guevara
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0% found this document useful (0 votes)
12 views5 pages

Contrato Estimatorio

Contrato estimatorio

Uploaded by

Gloria Guevara
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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I, Gloria Elizabeth Guevara Chávez, Sworn Translator, authorized in the Republic of Guatemala

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:-----------------------------------------------------------------------------

“ESTIMATIVE AND PROVISION CONTRACT.----------------------------------------------

Appears on one side CORPORACIONES CAPRICES, SOCIEDAD ANONIMA

with domicile in Calzada Roosevelt 22-40, Z. 11, office 12 “D” Torre Luna, Tikal

Futura, Guatemala City, department of Guatemala represented by Mrs. Marcia

Lucrecia Espinoza Letona de Morales of [in blank], married, Guatemalan, [in

blank], of this domicile who identifies with the identity document Order A-1 No.

709837 issued by the Mayor of the Municipality of Guatemala Department of

Guatemala; Missis Espinoza Letona de Morales acts in her quality of General

Manager and Legal Representative of the Organization named CORPORACION

CAPRICES, SOCIEDAD ANÓNIMA (hereinafter will be referred to as the

provider) as it appears in the document of legal representative’s nomination

authorized in this city on November 24th, 1998 for the Public Notary Max

Santacruz Schlesinger, this nomination is duly recorded in the General

Commercial Registry under number 149607, folio 336, book 75 of Commercial

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

CONTRACT, being included in the following clauses:-------------------------------------

FIRST: Antecedents. Declare Mrs. Espinoza Letona de Morales, that the

Company that she represents, the Organization CORPORACION CAPRICES,

SOCIEDAD ANONIMA, is owner of a line called LE MODE CAPRICES, quality

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

be regulated by the stipulations of the present contract described as follows: A.

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

that if the provided doesn’t make purchase orders to CORPORACION


CAPRICES, SOCIEDAD ANONIMA, during 2 consecutive months, it will be able

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

SUPPLIED PRODUCT. CORPORACION CAPRICES, SOCIEDAD ANONIMA

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

the provided person. All the previously considering that CORPORACION

CAPRICES, SOCIEDAD ANONIMA can modify the prices in each campaign,

without any responsibility. All payment will be done by the provided in quetzals,

without the need of any collect or requiring in the offices of CORPORACION

CAPRICES, SOCIEDAD ANONIMA, place that the provided tells she knows

personally or depositing the credited amount in the bank accounts that the

provider indicates at the name of CORPORACION CAPRICES, SOCIEDAD

ANONIMA. Furthermore, the provided obligates to sell the products at the price

specified in the catalogs. C. THE PLACE OF DELIVERY OF THE PROVIDED

PRODUCTS: The provider states that, CORPORACIÓN CAPRICES,

SOCIEDAD ANÓNIMA will deliver the requested product in the domicile

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

maximum of fifteen working days will be granted to cancel the respective

balance, withdrawing the previous mentioned discount. In case of

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

suspend the credit, without responsibility: a) If the account of the provided is in a

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

whatever cause this contract was not valid. E. OF THE CONTRACTUAL

RELATION BETWEEN THE PARTIES: Both parties accept that: a) The

provided is not an agent, distributor nor worker of the Company

CORPORACIÓN CAPRICES, SOCIEDAD ANÓNIMA; b) that the provided is not

obligated to accept the required orders, according to their credit policy, c) that the

provided is not obligated to celebrate new contracts.--------------------------------------

FOURTH: Procedural Dispositions: a) The appearing parties declare that the

arising conflicts due to this contract will be exclusive competence of the tribunals

of justice of the department of Guatemala, both parties resigning to any other

privilege of domicile that could correspond to them. b) Indicating as a place to

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

expressly submit to the jurisdiction of the tribunals of the Department of

Guatemala. Likewise they recognize as good and well done notifications,

citations and summons that are verified in the indicated directions as a place to

receive notifications, committing to give reciprocal warning in written and

authentic manner of whichever change of address--.--------------------------------------

FIFTH: Acceptance. Both appearing parties finally manifest that in the previous

exposed terms, accept, expressly the present contract concerning to each other.

Guatemala City to [in blank] days of [in blank] of [in blank].------------------------------

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

present legalization of signatures. I ATTEST.”-----------------------------------------------

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.

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