Letter to Khemka
2
-иN JolNT-STocK сомрАNY "KALUGA PLANT ОF TRACK MACHINES AND HYDRAULIC DRIVES) (JSc "KALUGAPUTMASH") Lenin str., 23, Kaluga, Russia, 24801б, Phone 5il2-50, fax 55-05-45, E-mail: [email protected], http ://wwrv. kalugaputmash.ru окро 00210795 ./ а5аа,д-zzГхо. trэ-/?# -j - -rзз Uпdеr No. dated Мr. Рrаdеер Khemka Dеаr, Sirs, Topic: Payment under the Contract No. 75197-0З-04lТ| Rеfеrепсе: letter КТС/20 1 5 1 6/Contract/03 As of 17.08,2015 JSC "KalugaPutMashn', fоr the purposes of this Contract Nо.75l97-0З-04l|1 dated 29.ТТ,20Т 1 has fulfilled obligations on supply of spare parts in the total amount of 50, 370.31 Еurо. Ву the Letter КТС/2015 16/Contract/03 you have сопfirmеd the size оf debt to JSC "KalugaPutMash" in the amount of 50, 370.31Еurо, and calculation of deductions (withholdings) has been issued. JSC "KalugaPutMash" has not agreed with the given calculation of deductions (withholdings) under the following grounds: DEDUCTIONS (WITHHOLDINGS) : l Supply ofspare parts according to the Annex No.3 19, 647.з| Er,rro In youT letter KTC/201-15/ContTacУ0l you have confiTmed this debt; the request fоr deduction is not iristified 2, Goods not accepted Ьу Division of Railroad commission 10, 215,00 Еurо As we hаче already notiГred (letter No. 75l'728 dated 25.03.15), supply of this Good will Ье. fully completed within the contract terms. JSC "KalugaPutMash" has no legal relationships with Division of Railroad Commission of India; it is уочr field of responsibility. The rеqцеst fоr deduction is not iцstified. Goods not supplied Ьу JSC "KalugaPutMash" for б units "РТИlNо. 01 65-46-05 1 0- 1444 960.00 Еurо These Goods only in the аmоuпt of 720.00 Еurо have not been supplied to your address, however JSC "KalugaPutMash" has issued пеithеr invoice, поr rеqцеst for payment, accordingly, the rеquеst for deduction is not iustified. 4. Losses чпdеr transactions due to changes in exchange rаtе at the date of the offeT based on us dollar, and the date ofsupply based on Еurо. 6,0|2.26 Еurо We inform again that all annexes hereto wеrе made in Еurо. They are signed from your side and in this event "changes in exchange rate at the date ofoffer based on US dollaT and at the date ofsupple based on EuTo" is inappropriate and logally incorrect. The request fоr deduction is not iustified. 5. Guarantee deposit to Ье withheld Ьу Division of Railroad commission in the аmоuпt of 290, 987.70 rupees fоr поп-реrfоrmапсе of the contract 3,970.90 Еurо In this case it is not understood, but we should note that Jsc "KalugaPutMash" has по legal relationships with Division of Railroad' Commission of India; it is your fie!( of Tesponsibility. The request fоr dedfiction is цоt iustified. ., :"i: ý] 6. Short received spare parts Annex No. 4 2,430.00 Euro The given spare parts were shipped to уочr address in 2012. All confirming documents were sent to уоuI address. We аrе wondered that after 2 years from the date oftheir supply; you consider these spare parts as shоrt supplied. The rеqцеst fоr deduction is not iцstified. ,7, Services to Ье paid чпdеr the Invoice No. 04,05,0б 7 0'7 п April, Мау, Juпе and July 2014 8, 426.00 Еurо At the time being, we do not understand which services аrе meant, as you have поt рrочidеЪпу reporting documents on provision ofthese services, there are no works completion act, At the time beins. the rеqчеst fоr
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Letter
Transcript of Letter to Khemka
-иNJolNT-STocK сомрАNY
"KALUGA PLANT ОF TRACK MACHINESAND HYDRAULIC DRIVES)(JSc "KALUGAPUTMASH")
Lenin str., 23, Kaluga, Russia, 24801б,
Phone 5il2-50, fax 55-05-45,E-mail: [email protected],http ://wwrv. kalugaputmash.ru
окро 00210795
./а5аа,д-zzГхо. trэ-/?# -j - -rзз
Uпdеr No. dated
Мr. Рrаdеер Khemka
Dеаr, Sirs,Topic: Payment under the Contract No. 75197-0З-04lТ|Rеfеrепсе: letter КТС/20 1 5 1 6/Contract/03
As of 17.08,2015 JSC "KalugaPutMashn', fоr the purposes of this Contract Nо.75l97-0З-04l|1 dated29.ТТ,20Т 1 has fulfilled obligations on supply of spare parts in the total amount of 50, 370.31 Еurо.
Ву the Letter КТС/2015 16/Contract/03 you have сопfirmеd the size оf debt to JSC "KalugaPutMash"in the amount of 50, 370.31Еurо, and calculation of deductions (withholdings) has been issued.
JSC "KalugaPutMash" has not agreed with the given calculation of deductions (withholdings) underthe following grounds:
DEDUCTIONS (WITHHOLDINGS) :
l Supply ofspare parts accordingto the Annex No.3
19,647.з|Er,rro
In youT letter KTC/201-15/ContTacУ0l you have confiTmed this debt; therequest fоr deduction is not iristified
2, Goods not accepted Ьу Divisionof Railroad commission
10,
215,00Еurо
As we hаче already notiГred (letter No. 75l'728 dated 25.03.15), supply ofthis Good will Ье. fully completed within the contract terms. JSC"KalugaPutMash" has no legal relationships with Division of RailroadCommission of India; it is уочr field of responsibility. The rеqцеst fоrdeduction is not iцstified.
Goods not supplied Ьу JSC"KalugaPutMash" for б units
"РТИlNо. 01 65-46-05 1 0- 1444
960.00Еurо
These Goods only in the аmоuпt of 720.00 Еurо have not been suppliedto your address, however JSC "KalugaPutMash" has issued пеithеrinvoice, поr rеqцеst for payment, accordingly, the rеquеst for deductionis not iustified.
4. Losses чпdеr transactions due tochanges in exchange rаtе at thedate of the offeT based on usdollar, and the date ofsupply
based on Еurо.
6,0|2.26Еurо
We inform again that all annexes hereto wеrе made in Еurо. They aresigned from your side and in this event "changes in exchange rate at thedate ofoffer based on US dollaT and at the date ofsupple based on EuTo"is inappropriate and logally incorrect. The request fоr deduction is notiustified.
5. Guarantee deposit to Ьеwithheld Ьу Division of
Railroad commission in theаmоuпt of 290, 987.70 rupees
fоr поп-реrfоrmапсе of thecontract
3,970.90Еurо
In this case it is not understood, but we should note that Jsc"KalugaPutMash" has по legal relationships with Division of Railroad'Commission of India; it is your fie!( of Tesponsibility. The request fоrdedfiction is цоt iustified. ., :"i: ý]
6. Short received spare partsAnnex No. 4
2,430.00Euro
The given spare parts were shipped to уочr address in 2012. Allconfirming documents were sent to уоuI address. We аrе wondered thatafter 2 years from the date oftheir supply; you consider these spare partsas shоrt supplied. The rеqцеst fоr deduction is not iцstified.
,7,Services to Ье paid чпdеr theInvoice No. 04,05,0б 7 0'7 п
April, Мау, Juпе and July 2014
8, 426.00Еurо
At the time being, we do not understand which services аrе meant, as youhave поt рrочidеЪпу reporting documents on provision ofthese services,there are no works completion act, At the time beins. the rеqчеst fоr
е.g. 9, б86.00 US dollars equalto 8,426.00 Ечrо (9, 686,00 USdollars х 0.870000 = 8, 426.00
Euro
deduction is not iustified.
Moreover, Ьу the letter No.7 51128 dated 25.03.15 the supposed debt repayment schedule has Ьееп
Sent to уоu:- t9, 64'1.3t Еurо within the tеrm till ,o.ou.ror' (as you Suppose in уочr letter КТС/201-
1S/Contract/O1).- 28,29з,о0 Euro within the term till 30,0&2015,
- 2, 430.00 Еurо within the tеrm till 30.09.2015, as well as t was сопfirmgd for the possibilityto sign а
ро*., of attorney from JSC .'KalugaPutMash" for settlement of all matters colmected with реrfоrmапсе
of the contract No.75197-03-04/1 1 .
Having regard to the foregoing and for avoidance of legal proceedings, JSC "KalugaPutMash"
considers that that the above reports provided Ьу уоu аrе unjustified, provided for Ьу the contractual
obligations and propose you the terrn till 20.09.2015 to fulfill your obligations on payment for spare
partJsupplied irr fuil ассоrdапсо with the Contract No.75l97-03-04/1t,
With regard,Director Gепеrаl А.V. Апtrороч
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