The only immutable rule that must be followed: the document must be signed by the director of the company or its representative responsible for resolving specific issues outlined in it. In this case, the signature must only be “live”; the use of facsimile autographs is excluded. It is not necessary to certify a claim using various types of clichés, because Since 2016, legal entities have the right to endorse their documentation with seals and stamps only if this rule is specified in their local regulations. The claim under the supply agreement is drawn up in two identical and equivalent copies, which, after signature, are registered in the document log, and the sent version is also noted in the outgoing correspondence log.
Sample claim under a goods supply agreement
Attention
In turn, Conglomerat LLC fulfilled its obligations to pay for the equipment of Organization CJSC partially (the total amount of funds transferred for the delivered goods is 223,596.54 rubles). Thus, the amount of debt of Conglomerate LLC to Organization CJSC is 889,927.46 rubles. based on documents: act of reconciliation of mutual settlements as of 04/01/2013 drawn up unilaterally by CJSC Organization. According to the specifications, the equipment must be paid for within 30 (thirty) calendar days from the date of shipment of the products. If the Buyer violates the above payment deadline, the Buyer shall pay the Supplier a penalty in the form of a penalty in the amount of 0.1% of the unpaid amount for each day of delay.
Based on Art. 395 and Art. 486 of the Civil Code of the Russian Federation, you must pay a penalty for late payment for the delivered goods.
Complaint to the supplier of goods
In the absence of such a clause, the law says that it is permissible to file a claim with the counterparty within a “reasonable time”, which, in practice, in most cases is one calendar month. Also, do not forget about the statute of limitations - in Russia they last three years - it is during this time that the party who considers its interests to be infringed has the opportunity to make a claim and go to court. Who makes the claim Typically, the responsibility for drawing up claims lies with employees of legal departments or specialists of structural units conducting a particular supply contract.
In any case, this must be an employee of the enterprise who has certain skills in creating this kind of documents and is familiar with the legislation of the Russian Federation first-hand. Main nuances Both the supply agreements themselves and the claims against them do not have single unified forms.
Equipment claims
In this case, the consumer also has the right to demand full compensation for losses caused to him as a result of violation of the deadline for the transfer of prepaid goods established in the sales contract. Based on the above, I (state the requirement selected in accordance with the law) This requirement, in accordance with Article 23.1 of the law, must be satisfied by you within 10 days from the date of its presentation. At the same time, I inform you that for each day of delay in fulfilling my requirements, you will be obliged to pay me a penalty in the amount of half a percent of the price of the goods (Article 23.1 of the law).
Claim under a supply agreement, sample, form, standard form
Clause 6.2 of the agreement provides for financial liability for failure to fulfill the obligation to pay for goods in the amount of 0.1% of the unpaid amount for each day of delay. According to the reconciliation report, as of October 31, 2014, the debt of the individual entrepreneur... is 572,148 rubles. Interest is calculated as follows: 572,148 / 100 / 10 * 185 (number of days of delay from 05/13/2014 to 11/14/2014) = 105,847.38 rubles.
Based on the above, in pursuance of clause 7.1 of the agreement, guided by Articles 309, 310, 454, 506 of the Civil Code of the Russian Federation, I ASK: 1. Pay the resulting debt under the supply agreement concluded on December 30, 2013 between LLC "..." and IP... No. 30 /12-1, in the amount of 572,148 rubles. 2. Pay the contractual penalty for delay in fulfilling the obligation to make payment for the delivered goods in the amount of 105,847 rubles 38 kopecks.
3.
Sample claim under a supply agreement
Important
In accordance with the section “Other obligations of the parties” (indicate the section number) of contract No. dated » » year, in the event of a delay in delivery, the seller undertakes to pay (indicate the name of the equipment) to the buyer a penalty in the amount of % of the total order amount for each day of delay. As of » » year, the amount of the penalty for delay in fulfilling the obligation is (amount in figures () rubles, based on the following calculation: and in words) rubles. cop. X % X day = rub. kop., in this case: rub. cop. - the total amount of the order; % - the amount of the penalty established by the contract; day - the period of delay from » » year to » » year inclusive.
Based on the above, he requests, within a period of (indicate the short name of the buyer) » » year: 1.
Sample complaint regarding delivery time of goods
Info
Bank details LLC Organization: account number 40 702 810 000000 000000 Sample text of a claim in case of delay in delivery of products by the supplier Addressee Ref. No. from " " Claim From " " 2011 for the amount of rubles. Between (Customer) and (Supplier) a state contract No. from the year (hereinafter referred to as the Contract) was concluded, according to which the Supplier () supplies (name of product), and the customer undertakes to accept the goods and ensure payment. According to clause 2.1. The contract for the supply of goods is carried out for up to a year. In fact, the full supply was completed within a year.
Thus, the delay in delivery of the goods amounted to a calendar day (starting from the day following the day of expiration of the delivery period). According to clause 6.4.1.
Claim under a supply agreement
By virtue of paragraph 5 of Article 454 of the Civil Code of the Russian Federation, the provisions provided for in this paragraph apply to certain types of sales contracts (retail purchase and sale, supply of goods, supply of goods for government needs, contracting, energy supply, sale of real estate, sale of an enterprise), unless otherwise provided by the rules of this Code on these types of contracts. In accordance with paragraph 1 of Article 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (goods) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay for it a certain amount of money (price ). The above standards indicate the unconditional obligation of the buyer to pay money for the delivered goods.
Your organization carried out the next delivery of goods using its own transport on February 20, 2017. During the receipt of goods, it was discovered that part of the assortment was of inadequate quality, about which a defect detection report was drawn up. The specified act was handed over to your representative under a power of attorney to receive documents and inventory items on 02/20/2017.
In accordance with Art. 518 of the Civil Code of the Russian Federation, a supplier who has received notification of defects in the goods supplied has the right to immediately replace the specified goods. To date, the product has not been replaced. In this connection, the buyer has the right to present one of the requirements provided for in Art. 475 of the Civil Code of the Russian Federation. Based on the above, I demand, within 10 days from the date of receipt of this claim, to replace the defective product in accordance with the Defects Discovery Report dated February 20, 2017, with a product whose quality complies with the terms of the contract and GOST.
What could be the essence of the claim? As a rule, claims relate to various types of violations of the transaction. It could be:
- change in the volume of supply of goods towards a decrease
- re-grading of goods
- unilateral increase in contract value
- failure to fulfill obligations to pay or deliver on time
- defects or damage to packaging
- refusal to compensate for losses incurred, etc.
In addition, regardless of the terms of the contract, it is permissible to demand the counterparty to pay a penalty, even if there is no such clause in the document itself - this right is given to the injured party by law. When to file a claim The procedure and period for filing a claim are not established by law, so it is good if information about this is included in the main contract.
The most common types of such statements are:
- To a company that sold equipment of inadequate quality;
- To the counterparty who violated the delivery deadlines for products.
The specified documents are drawn up in simple written form in accordance with the rules of business correspondence.
Claim for return of defective equipment
By law, the buyer has the right to return the money spent on purchasing a product of poor quality. Regardless of the situation, a claim for defective equipment must contain the following information:
- details of the seller (outlet) - company name, address, position and full name of the manager;
- information about the applicant - full name, contacts;
- description of the situation - when and where the equipment was purchased;
- purchase characteristics - model, brand, article;
- list of detected product defects;
- request for a refund indicating the actual cost of the purchase;
- the method of receiving a response from the store - by phone or mail, including a response with the results of an examination, which can be initiated by the seller;
- signature and date of the complaint.
Be sure to make a copy of the claim, on which the store representative leaves a note of receipt upon delivery of the original. If the representative refuses to mark it, it is better to send the completed complaint by mail, issued as a registered letter with notification.
A claim for equipment, a sample text of which is presented on this website, is an effective way of pre-trial dispute resolution. If the addressee has not responded to the letter of claim, it is appropriate to go to court. Let us remind you that the seller is obliged to consider and make a decision on the buyer’s complaint within 10 days from the date of receipt of the document (in the case of exchanging goods, the waiting time for a response is limited to 30 days).
Claim regarding equipment delivery time
Under the terms of the supply agreement, one party - the supplier - undertakes to deliver a specific product within a specified time period to the other party - the recipient. An agreement of this kind contains a number of conditions (procedure for acceptance and transfer of cargo, form of payment, etc.) More often than others, suppliers violate the clause on delivery times.
Before executing a transaction, the parties usually agree among themselves on certain sanctions that arise in case of violation of obligations. This could be compensation in the form of monetary fines or the return of money paid in advance for technical units that were not delivered on time.
In case of non-delivery, short delivery or late delivery of technical products, the recipient has the right to submit a claim to the supplier for the supply of equipment.
Among the mandatory points of documents of this kind, we note:
- names and contacts of the addressee and author of the letter;
- number and date of conclusion of the contract;
- an excerpt from the text of the agreement on the date of receipt of the supplied goods;
- designation of the fact of violation of contract terms;
- requirement to deliver the goods (if this did not happen);
- requirement of payment by the party that has not fulfilled the obligation, amounts of penalties (penalties, fines);
- a warning that the applicant, if there is no response from the recipient of the complaint, will seek help from the judicial authorities;
- official seal, signature of the head of the applicant organization.
The completed application is accompanied by papers that confirm the information contained in it (copies of acts, protocols, etc.) The transfer of the letter with attachments to the addressee occurs in the same way as in the case of a claim for the return of equipment.
The document form “Approximate form of a claim for the supply of low-quality goods (products)” belongs to the heading “Agreement for the supply of goods, products.” Save the link to the document on social networks or download it to your computer.
To the head
(name of supplier organization, address,
____________________________________________
from__________________________________________
(name of purchasing organization, address)
Claim
about the supply of low-quality goods (products)
"___" ____________ 20 ___ between ________________________________ and
(name of purchasing organization)
A supply agreement was concluded
goods (products) N _____. In accordance with clause _____ of the agreement
According to invoice N ____ from "____"
(name of supplier organization)
20___ put ___________________________ to our address
(specify name, quantity, range
and other information about the product, products)
for a total amount of _____________ rub. According to clause _____ of the agreement
the cost of the goods (products) was pre-paid by the buyer
by transferring funds in the amount of _____________ rubles. on
current account ________________________________ N _______________ in the bank
(name of supplier organization)
___________________________.
(specify bank details)
The cargo arrived __________________________ at ___________________________
(indicate the type of transport) (indicate the condition of the container,
carriage, etc.)
from _____________________________________________________________________ to
(indicate the condition of the seals of the sender, carrier)
Packaging. At
(indicate the type of container, the condition of the packaging of the goods, products)
upon acceptance of the cargo, it was established that the goods delivered by the seller
(products) do not meet the quality requirements defined by the parties
in clause _____ of the contract. This fact is confirmed by the goods acceptance certificate
(products) from "____" ________________ 20___ N ______, which
compiled with the participation of a representative of _____________________________________.
(name of company)
According to this acceptance certificate, all low-quality goods were identified
(products): _________________________________________________________________,
(indicate the name, quantity of goods (products), not
meeting quality requirements)
which is not possible to use for its intended purpose.
Thus, _______________________________ is violated clause _____ of the contract.
(name of supplier organization)
Therefore, ___________________________________ must replace
(name of supplier organization)
delivered goods (products)___________________________________________
indicate the name, quantity of goods (products),
does not meet quality requirements)
within ____ the period stipulated by the contract and compensate ____________________
(name of buyer's organization)
losses in the amount of ________________ rub.
Paragraph ___ of the contract defines ____ the period for consideration of the claim,
calculated from the day it is sent to the counterparty.
Based on the above and in accordance with Art. Art. 475, 518
Civil Code of the Russian Federation, clause ___ of the agreement, we ask you
voluntarily replace low-quality goods (products)
_________________________________________________________________________
(indicate the name, quantity of goods (products) that do not comply
quality requirements)
for quality goods (products) within ____ period according to the contract, as well as
compensate for losses in the amount of _______________________________________ rubles,
(amount in numbers and words)
by transferring the specified amount of money to the current account
N __________ in the bank ___________________________.
(name of the purchasing organization) (specify bank details)
In case of complete or partial refusal to satisfy a claim in
within the specified period, our organization will be forced to file a claim in
arbitration court.
We hope _______________________________________ in a timely manner
(name of supplier organization)
will replace low-quality goods (products), compensate for losses, and
We will continue to cooperate with your organization in the future.
"___" ______________ 20 __
_______________________ _______________________________________
(signature) (full name)
Applications:
1. Copy of the contract for the supply of goods (products) N ___ dated "___" ____ 20__
2. A copy of the invoice for goods (products) N _____ dated "___"_________ 20__.
3. Copy of payment order for payment for goods (products) N __________
from "___" __________ 20__
4. Copy of the goods (products) acceptance certificate N _________ from "___" __________
5. Calculation of the amount of losses.
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Document information:
Attached file:
Proper quality of goods is one of the most key requirements when concluding a retail trade agreement. In practice, a defect may occur due to the fault of the manufacturer or the sales representative selling the product. It is often not so easy to determine who exactly is to blame in a particular situation, since the seller and the manufacturer do not always communicate directly.
According to the LPP (clause 1, article 18 – as amended on February 7, 1992), the consumer may refuse the sales contract and demand a refund of the amount spent on the defective product. In this case, the consumer does not have to prove who exactly is responsible for the quality of the product. He can state his requirements (in accordance with paragraph 1, Article 503 of the Civil Code of Russia) in a claim, which, in turn, he can address to both the seller and the manufacturer.
According to current legislation, the list of possible demands that a consumer can present to the seller is much larger than the requirements presented to the manufacturer (according to paragraph 3 of Article 18).
As a rule, the consumer has the right to address a claim to the manufacturer, regardless of whether the seller and the manufacturer of the product maintain contact with each other. It is quite possible that the manufacturer has authorized the sales representative to sell the product, or it may be that there is no agreement between these two parties (for more details, see paragraph 2, section 8 of the clarification “On some issues related to the use of PPP”, approved by the order of the State Commission of Russia dated 05/20/1998).However, this fact plays a big role in the distribution of financial responsibility for defective goods.
If you file a claim, the addressee of which is the manufacturer of the product, do not forget to indicate the following information:
- The full name of the company, or the initials and position of the head of the organization to whose name you are addressing the document;
- Contact and personal information of the applicant;
- The name of the form is “Claim”;
- In the main part, describe the essence of the problem. Next, indicate the facts and circumstances of the case, referring to the laws of the Russian Federation;
- Describe your requirements. Do not forget to notify the addressee that if these requirements are not met, you intend to prove your case in court. Among other things, indicate that you intend to seek moral compensation and penalties;
- Please include the date of compilation and your personal signature.
Be sure to make a list of supporting documentation at the end of the document:
- A copy of the sales receipt;
- A copy of the warranty card;
- A copy of the document from the warranty repair service (if available).
So, the requirements that you can present to the manufacturer of a low-quality product may be as follows:
- Eliminate defects free of charge or reimburse the costs of self-repair of the product;
- Replace a low-quality product with an analogue of another brand;
- Return the product demanding the amount of money spent on it.
When can you write a statement to the manufacturer about low-quality products?
A product from any category, be it equipment or food products, has a certain warranty period. In particular, expiration dates are indicated on food products. In the event that the storage conditions indicated on the packaging were met, but the product deteriorated before the expiration date, you can, without any doubt, demand that the money spent be returned to the manufacturer.
As a rule, manufacturers producing technical equipment provide a long warranty period. This means that on specified dates the manufacturer promises that the equipment will not fail, its components will not break, and warranty repairs in this case imply free replacement of broken parts.
If conflicts arise with the manufacturer of the product regarding the use of the product, you will need to prove that you used the product in accordance with the documentation accompanying it.
In practice, the length of the warranty period can vary greatly. Sometimes different manufacturers provide different warranty periods for the same product item. When purchasing a product, carefully check the availability of the warranty card, as if it is missing or filled out incorrectly, you may be denied repairs. According to the law, a manufacturer's warranty card must be issued even if the sales representative gives his own warranty on the product.
What to do if the manufacturer does not respond to the complaint?
In the event that the addressee of the claim refused to satisfy your demands within the time limits established by law, and also did not make attempts to contact you, you have every right to file a claim in court.
Since this case is directly related to the protection of consumer rights, the applicant can go to court at his place of residence or at the address of the manufacturer. In this situation, the state duty is not paid.
Do not forget to describe in your application all the details regarding the purchase of the product: under what circumstances the product was purchased, how exactly this or that defect was identified.
Don't forget to include your communication history with the manufacturer. Remember that due to the expiration of the deadline for satisfying the claim, you have the right to recover not only damages, but also a penalty in the amount of 1 percent for each day of delay.
If the court decision was announced, but the sales representative did not take any action, request a writ of execution from the court, and then submit the document to the bailiff service for further proceedings.
