Sample claim for short delivery of products

When and why is a claim to the supplier of goods prepared, what requirements may it include? How is it different from a consumer complaint? You will find information on these and other questions in this article.

There are two parties to a supply agreement – the supplier (also known as the seller) and the buyer. Their relationship is called supply when the sale of goods is carried out for purposes not related to personal, household, family or other similar use. The supplier is always a business entity. Therefore, if in your case it is not, explore the possibility of filing a claim under the purchase and sale agreement (despite the name of your agreement), under the work contract. A consumer claim is prepared in the case when a product is purchased for personal purposes, regardless of the status of the parties to the contract (whether they carry out entrepreneurial activities).

Complaint to the supplier of goods

Contents of the claim for short supply of products

A claim for short supply of products must clearly indicate which types of goods and in what volume were not supplied. The claim proposes to resolve the dispute without litigation on a voluntary basis. The main provisions of the claim should be considered in more detail:

The claim must contain a reference to a previously concluded supply agreement. It is necessary to indicate the date of signing and the object of the supply agreement;
The claim includes information about the volume of goods that were not delivered. If several types of products are under-delivered, each type must be indicated separately;
The claim contains a requirement to fulfill the agreement in full by making a delivery. In this case, the claim contains a specific deadline for the execution of the agreement, which is counted from the moment of receipt of this claim;
The claim must warn the counterparty of the consequences of failure to comply. For example, about the accrual of penalties or fines.

These claims must include the date of signing, information about the signatory and the passport personal information of such person. In addition, the claim must include information about the company itself - name, address.

Claim for non-delivery of goods, non-payment of debt, etc.

According to Article 506 of the Civil Code of the Russian Federation, a supply agreement involves the transfer of goods by the supplier to the buyer, who can use the received products exclusively for business purposes.
In this case, the buyer, in accordance with Article 516 of the Civil Code of the Russian Federation, undertakes to transfer money to the supplier for the products received. Thus, the main responsibilities of the supplier and buyer when executing a supply contract include delivery and subsequent payment for the goods received, respectively. In addition to the main obligations of the parties, the contract may also include additional ones - for example, on the shipment of goods:

within a certain period of time;
to a certain place;
in the assortment specified in the agreement, etc.

Since business activity is inherently risky, neither party to the contract can be completely confident that the counterparty will fulfill its obligations in full. Consequently, at any time a situation may arise when the goods have not been shipped (not fully shipped), payment has not been made (only partially made), conditions regarding the quality, completeness or range of transferred products, delivery times, etc. have not been fulfilled.

If the listed violations are discovered, the entrepreneur can go to court, which requires time and financial costs and often negates the possibility of further cooperation. To avoid such complications, the law provides for another option for resolving a controversial issue - holding negotiations by sending the parties claims to each other.

Claim dispute resolution procedure

It should be remembered that the law does not provide for the mandatory submission of claims by the parties when executing a supply agreement. However, this does not prevent us from stipulating in the contract both such an obligation in the event of violations on the part of the counterparty, and the period for consideration of claims.

IMPORTANT! The arbitration court, in accordance with Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation, has the right to accept a claim only if the claim (pre-trial) procedure for resolving disagreements that has arisen is observed, which may be provided for both by law and by an agreement between the parties.

Features of filing a claim for shortfall in product delivery

To complete this requirement, you can use any standard forms. When printing the sample form, you should check that all significant circumstances are reflected, dated and signed.

Filling out the request form is carried out by an authorized person of the company. As a rule, this is the manager or his deputy. These documents are not concluded and cannot be terminated, since they represent a claim of one party to the other.

At the same time, there is no need to have them certified by a notary, since the authenticity cannot raise doubts.

Complaint to the supplier of goods: content

The text of the pre-trial claim is constructed according to general rules. The document is prepared on company letterhead and includes:

the name of the supplier, its executive body (who has the right to act without a power of attorney or on behalf of whom the contract is concluded (when there is a power of attorney to conclude contracts);
buyer's name, address;
name of the document: claim (to support the intention to file a claim in court if it is impossible to resolve the issue pre-trial);
details of the contract, what obligations of the supplier were violated and how this fact is confirmed;
reference to the norms of the Civil Code of the Russian Federation and clauses of the agreement on liability for violations;
the buyer's requirements and the period within which they must be satisfied;
signature and date.

Be sure to send a claim to the supplier of the goods in case of violations, otherwise the court will issue a ruling on the return of the statement of claim due to failure to comply with the pre-trial procedure.

Transfer of claim

If the document drawn up does not contain specific agreements regarding the methods of exchanging claims and correspondence, you can choose one of the following methods:

Submit the claim to the supplier yourself via courier;
Submit a claim for non-delivery of products by registered mail with acknowledgment of receipt.

Any of the above options is proof of service of the claim, which will be necessary in court cases if it comes to that.

Requirements for the content of a claim for debt repayment

In modern civil law, there is often a need to draw up various claims, in the preparation of which it is necessary to take into account certain requirements, since we are talking about official documents of the organization. In particular, a claim for payment of debt under a supply agreement must meet the following requirements:

Must contain details (name, address, TIN, full name and position of the person authorized to conduct correspondence in the organization), sender and recipient of the letter.
Signature of the official and seal of the sending organization;
In the text of the claim itself, it is necessary to indicate the requirements for the counterparty, justifying them with the provisions of the law or the supply agreement.
When filing a claim for repayment of the resulting debt, you should also remember the provisions of Article 395 of the Civil Code of the Russian Federation, which provides for the need to pay interest in case of delay in payment of the obligation.
When making financial claims, it is necessary to calculate the total amount of the claim.

For greater clarity, we present you with a sample claim, which can be a good help for practitioners.

Filing a claim for pre-trial settlement is mandatory

Filing a claim for pre-trial settlement can be either voluntary (at the discretion of the party to the obligation) or mandatory (a stage established by law on the way to protecting the violated right in court). The mandatory pre-trial procedure in relation to legal entities whose dispute arises from their implementation of entrepreneurial or other economic activities is determined by the APC.

Based on para. 4 hours 5 tbsp. 4 of the Arbitration Procedure Code does not require preliminary submission of a claim when filing claims with an arbitration court:

on establishing a legally significant fact;
about insolvency;
on compensation for violation of deadlines for consideration of the case by the court;
in cases of writ proceedings;
in defense of public interests, etc.

According to the general rule, Part 5 of Art. 4 of the APC, the claim procedure is mandatory in the case where it is specifically provided for in the law or agreement. For disputes expressly specified in paragraph. 1 of this norm (collection of funds under claims from contracts), pre-trial procedure is also mandatory.

For what reasons is the act drawn up?

When is it necessary to draw up acts? First of all, this should be done when the parties cannot come to a peaceful agreement. This can happen in any of the following cases:

The carrier did not arrive for loading on the date stipulated in the contract.
The carrier arrived to load, but did not remove the cargo for some reason beyond his control.
The cargo was lost or damaged during transportation.
The sending company did not provide the cargo stipulated by the contract.
The sender refused to load the transport that arrived for delivery.
The delivery of commercial cargo by the carrier was made at a later date than stipulated in the contract.
There was a downtime of the vehicle arriving at the delivery.
There was a delay in containers that belong to the carrier.

As we see, there are many cases that arise due to the fault of both the transport company and the senders.

Samples of consumer protection claims

B (name of organization, individual entrepreneur)

Address From full name

Address for sending a response, contact phone number

CLAIM.

“__” ’20 I purchased in your store (product name, model) for the price of rubles. The product has a warranty period of one year. The product is included in the list of technically complex products.

As a result of using this product, I discovered a significant drawback:

Option 1: “ “ 20 year in connection with (describe in detail what did not work) I handed over the product for warranty repairs to (name of store or service center). During the repair, work was carried out to eliminate the defect (what). However, after the repair (when) the same defect appeared again.

Option 2: “ “ 20 year in connection with (describe in detail what did not work) I handed over the product for warranty repairs to (name of store or service center). However, the repair did not take place, and in 2020 I was issued a certificate of non-repairability of the product. That is, the declared deficiency cannot be eliminated.

Option 3. “ “ 20 year in connection with (describe in detail what did not work) I handed over the product for warranty repairs to (name of store or service center). However, the repairs did not take place, and in 20__ I was given a certificate stating that the repairs were impractical. That is, the cost of eliminating the defect is close to the cost or exceeds the cost of the product itself.

In accordance with Article 18 of the Law of the Russian Federation “On the Protection of Consumer Rights”, in relation to a technically complex product, a requirement to return the amount paid for such a product or to replace it with a product of the same brand (model, article) or with the same product of a different brand (model) , article) with a corresponding recalculation of the purchase price after the first 15 days from the date of transfer of the goods to the consumer are subject to satisfaction, including in the event of a significant shortage of goods.

Art. 22 of the Law “On the Protection of Consumer Rights” stipulates that consumer demands for the return of the amount of money paid for goods must be satisfied by the seller within ten days from the date of presentation of the corresponding demand. At the same time, Part 1 of Art. 23 of the Law establishes that for violation of this deadline, the seller who committed such violations pays the consumer a penalty in the amount of one percent of the price of the goods for each day of delay.

Based on the foregoing, I renounce the purchase and sale agreement and request, within 10 days from the date you receive this claim:

return to me the money paid for, in the amount of rubles, rubles, kopecks;
compensate for losses caused by the sale of goods of inadequate quality in the amount

rubles (for example, the amount of interest on the loan if the product was purchased on credit, the cost of an additional warranty, software, accessories and components for a given model, etc.);

give a written response to the claim if it is impossible to satisfy my requirements.

Attachment: account details for transferring money, a copy of the purchase receipt, copies of documents confirming the amount of losses, a copy of the certificate of non-repairability from the ASC or copies of reports of previous repairs from the ASC.

Last name I.O., “ “ 20 years old

Procedure for compilation

So, if a problem occurs, then you will have to draw up certain documents that will help solve the situation. To solve it, you need to know the procedure for drawing up reports and filing claims during cargo transportation. After all, an event recorded at the wrong time or the absence of the required signature can negate all your efforts to compensate for losses.

The rules and procedure for drawing up the act are as follows:

The report is drawn up on the same or the next day after the occurrence of the event.
If the responsible party evades drawing up a document, it is drawn up without her participation. But to do this, it is necessary to notify the responsible party in writing about the start of the process of drawing up the document.
All signatures and marks in accompanying documents (consignment note, purchase order) are made by authorized persons.
If there is a shortage of cargo or its damage, the results of the examination are noted in the report with the signature of the driver, who must be present when it is completed.
If, while writing the act, the authorized person refuses to sign it, then he must indicate the reason for this in writing.
This document must be drawn up in at least two copies, in accordance with the number of document authors.
No corrections should be made when composing the paper.

In addition, the procedure for drawing up a claim report requires special notes, including descriptions of the circumstances that led to the problem and the amount of penalties. Marks are made in the waybill, application-contract, voucher and accompanying statement.