6 The procedure for issuing, sending and exchanging non-formalized documents listed in clause 2.3. Agreements that the Parties exchange for the purposes and in connection with the fulfillment of their obligations under contracts in electronic form via telecommunication channels using the EP
6.1 To participate in the EDI, the Parties must:
obtain qualified certificates of electronic keys for verifying the electronic signature of the head or other authorized persons;
conclude an appropriate contract with a Trusted EDO Operator in accordance with the requirements of the relevant trusted EDO Operator;
get from a Trusted EDO Operator the ID of the EDO participant, access details and other data necessary to connect to the EDO.
6.2 When exchanging documents in the order of ED, the Party forms the necessary document in electronic form, signs its EP, sends the file with the document in electronic form to the address of the other Party through a Trusted EDO Operator and saves the signed document in electronic form.
6.3 The Parties undertake to exchange timely (no later than the next working day from the date of receipt of the document) notifications/confirmations through a Trusted EDO Operator about the receipt and dispatch of documents through the EDO system.
6.4 If the Sending and/or Receiving Party has not received any of the required confirmations of the Trusted EDO Operator or a document file within the prescribed period, it shall inform the Trusted EDO Operator about this fact.
6.5 If the Sending Party confirms the receipt of the document file from it to the Trusted EDI Operator, the Sending Party informs the Trusted EDI Operator about this fact, and the Sending Party repeats the procedure for sending the previously compiled document.
6.6 If it is necessary to make adjustments to the document sent through the EDI, the Sending Party draws up an appropriate information letter and sends the corrected document and the information letter to the Receiving Party in accordance with the procedure established by the Trusted EDI Operator.
7 Other conditions
7.1 In order to verify the operability and/or compatibility of the technical means of the Parties and/or the Trusted EDI Operator, the Parties establish the first (test) exchange of documents of various formats in electronic form.
7.2 If, as a result of the first (test) exchange of a document in electronic form, the malfunction and/or incompatibility of the technical means of the Parties and/or the Trusted EDI Operator is revealed, the EDI between the Parties is not applied until the positive result of the test exchange of the document. At the same time, during the period until the positive result of the test exchange of documents, the Sending Party draws up the corresponding document on paper with a handwritten signature, and the Parties consider it to be the original.
7.3 If the Sending Party has not received from the Receiving Party and/or the Trusted EDI Operator of the Receiving Party, as well as if the Trusted EDI Operator of the Receiving Party has not received from the Receiving Party, notification of receipt of an electronic document from the Sending Party and/or the Trusted EDI Operator of the Sending Party, and provided that there is no notification from the Receiving Party according to p .2.6. The Agreement and the impossibility for the Sending Party to receive information from the Receiving Party about the reasons for the absence of notification, the Sending Party draws up the relevant document on paper with a handwritten signature, and the Parties consider it to be the original.
7.4 If it is impossible to continue exchanging documents in electronic form (non-receipt of notifications of receipt of an electronic document, absence of any kind of communication with the Receiving Party, etc.), the Sending Party draws up documents on paper in writing, and the Parties consider them originals, unless otherwise provided for in the Contract in respect of which the parties carry out EDI.
7.5 If either Party refuses to exchange documents in electronic form signed by the EP, such Party is obliged to notify the other Party 30 (thirty) calendar days before the expected end date of the use of the EDI. The Parties continue to use the EDI for 30 (thirty) calendar days from the date of receipt by the Party of the notification of refusal to use the EDI. After the expiration of the 30-day period, the Agreement automatically terminates.
7.6 Party-1 has the right to unilaterally amend the Agreement without prior agreement with Party-2 by posting a new version of the Agreement on the website https://omk.ru/business/edo/oferta . At the same time, the changes made by Party-1 become mandatory for Party-2 from the moment the new version of the Agreement is posted on the Website. In order to promptly obtain information about the placement of the new version of the Agreement on the Site, Party-2 is obliged to visit the Site independently in any way available to it at least 2 times a day (before and after 12:00 Moscow time) and carry out a comparative analysis of the new version of the Agreement and the previous version of the Agreement to identify relevant changes, additions.
7.7 By entering into the Agreement, the Parties certify and confirm that:
they are duly established legal entities legally acting in accordance with the legislation of the Russian Federation;
the persons accepting this Offer have all the necessary powers and rights to sign it, all the consents necessary to conclude an Agreement, other contracts and agreements provided for by the Agreement, and these consents have been received and have entered into force, or, if they have not been received, they will be received and/or will enter into force in in accordance with the established procedure before the conclusion of the Agreement, other contracts and agreements provided for by the Agreement, in accordance with the current legislation of the Russian Federation;
unfavorable cases and events (provision of unreliable, incomplete documents, unverified information, submission of an application to the arbitration court for declaring a party bankrupt, in case of filing a claim, the size of which jeopardizes the fulfillment of obligations under the contract, making a decision on reorganization, liquidation, declaring a party bankrupt) have not occurred on the date of conclusion of the Agreement, and the Parties undertake all actions so that they do not occur during the term of the Agreement.
7.8 When concluding the Agreement, the Parties proceed from the good faith of their intentions and confirm that the persons accepting this Offer have the appropriate authority to make this transaction.
7.9 The Parties confirm that the person concluding the Agreement has no restrictions imposed not only by the constituent documents, but also by other documents regulating its activities.
8 Final provisions
8.1 The Agreement comes into force from the moment of acceptance of this Offer by Party-2 in the manner provided for by the Agreement.
8.2 Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation. If it is impossible to resolve disputes between the Parties through negotiations, they must be resolved in the manner and by the court determined by the Parties in the relevant agreement under which the Parties carry out EDI.
8.3 E-mail of the Party-1: email@example.com .