DELIVERY AND ACCEPTANCE REPORT
This delivery and acceptance report (hereinafter the "Report") is drawn up in [City where the contract is signed] on [Contract date] between the following parties:
1. PARTIES
1.1 Transferor:
[Transferor's name]
Registry code / personal identification code: [Transferor's registry code / personal ID code]
(hereinafter the "Transferor")
1.2 Recipient:
[Recipient's name]
Registry code / personal identification code: [Recipient's registry code / personal ID code]
(hereinafter the "Recipient")
1.3 The Transferor and the Recipient (hereinafter together the "Parties") confirm that the persons signing the Report are authorised to do so. A representative signs the Report on the basis of a statutory right of representation or a power of attorney.
2. UNDERLYING DOCUMENT AND MEANING OF THE REPORT
2.1 This Report records the delivery and acceptance of the item specified in clause 3. The Report is drawn up in performance of the following agreement: [Reference to the underlying document (if any)]. This Report does not amend or replace the terms agreed in the underlying agreement.
2.2 By signing the Report, the Parties confirm the delivery and acceptance of the item in the condition, quantity and completeness described in the Report. As between the Parties, the Report serves as evidence of the time, place and condition of delivery of the item.
3. ITEM
3.1 The Transferor delivers and the Recipient accepts the following item: [Description of the item]. Quantity: [Quantity]. Vehicle details: make [Vehicle make], model [Vehicle model], year of first registration [Year of first registration], VIN [VIN], registration plate [Registration plate], mileage [Mileage (km)] km, number of keys [Number of keys].
4. CONDITION AND COMPLETENESS
4.1 Condition of the item at the time of delivery: [Condition]. Visible damage/defects: [Visible damage/defects].
4.2 Accessories included: [Accessories included]. Documents delivered together with the item: [Accompanying documents]. Photographs of the condition of the item attached: [Are photographs attached?].
4.3 Upon delivery, the Parties jointly inspected and counted the item, its accessories and the documents. If photographs are attached to the Report, they form an integral part of the Report.
5. DELIVERY, RISK AND OWNERSHIP
5.1 The item was delivered on [Delivery date] at [Place of delivery].
5.2 The risk of accidental destruction of and damage to the item passes to the Recipient upon delivery of the item (in the case of a sale, Law of Obligations Act (VÕS) § 214 lg 2).
5.3 Ownership passes to the Recipient upon delivery of the item if the Parties have agreed on the transfer of ownership (Law of Property Act (AÕS) § 92 lg 1). If the purchase price has not been paid in full or in part and the Parties have agreed that ownership remains with the Transferor until the purchase price is paid, ownership passes to the Recipient upon payment of the purchase price in full (retention of ownership, VÕS § 233 lg 1).
6. PAYMENT
6.1 Status of payment of the purchase price at the time of delivery: [Has the purchase price been paid?]. An amount of [Unpaid amount (€)] euros remains unpaid, which the Recipient shall pay no later than [Payment due date]. Payment method: [Payment method]. The purchase price is deemed paid upon receipt of the amount by the Transferor.
7. CONFIRMATION OF ACCEPTANCE
7.1 The Recipient confirms having accepted the item in the condition described in clause 4.1. Remarks/objections of the Recipient: [Recipient's remarks/objections].
7.2 Signing the Report does not deprive the Recipient of the right to rely on defects of the item which could not be discovered in the course of an ordinary inspection upon delivery. The Recipient shall notify the Transferor of such a defect within a reasonable time after the Recipient became or should have become aware of the defect (VÕS § 220).
7.3 As regards the objections recorded in the Report, the Recipient's rights under the underlying agreement and the law are preserved.
8. FINAL PROVISIONS
8.1 Notices related to the Report, including notification of defects, shall be given to the other Party in writing or in a form which can be reproduced in writing.
8.2 Any inaccuracies discovered in the Report shall be corrected by written agreement of the Parties. If the Report is drawn up in performance of an underlying agreement, matters not regulated by the Report are governed by the underlying agreement and the law.
8.3 If any provision of the Report is or becomes invalid, this shall not affect the validity of the remaining provisions.
8.4 Disputes related to the Report shall be resolved through negotiations and, failing agreement, in the manner provided in the underlying agreement or, in its absence, in a court of the Republic of Estonia.
8.5 The Report enters into force once both Parties have signed it.