What does a claim to a supplier for non-delivery of goods look like?

According to the law, any commercial activity of two organizations must be documented. That is why, in such cases, contracts are drawn up in which the parties agree on various details and nuances of the transaction. As a rule, an agreement is a kind of protection for the parties in cases where the counterparty violates the terms of the agreement. In order to be able to defend your rights in such a situation, you need to be well versed in the legal aspects of this legal area.

Based on generally established rules, partial or complete violation of the terms of the agreement by one of the parties may serve as the basis for filing a claim.

In practice, situations in which a counterparty may violate a contract may vary. That is why there is no single form for filing a claim. However, in all cases, regardless of the situation, the parties must adhere to certain legal norms. This rule can help restore justice and save time and money.

Claim

(in the amount of 300,000 rubles)

In accordance with the concluded agreement No. 546 dated October 28, 2013, your organization was obliged to supply the following goods by June 1, 2013:

On October 30, 2013, we fully paid for the above goods.

In fact, during the specified period the following was delivered:

Thus, you have not delivered 10 transformable sofas for a total amount of 300,000 rubles.

For a violation (non-delivery of goods) in accordance with Art. 521 of the Civil Code of the Russian Federation, as well as clause 5.6 of the Supply Agreement, you must pay a penalty in the amount of 50,000 rubles (according to the attached calculation), and also deliver the goods as soon as possible (or return funds in the amount of 300,000 rubles).

If the claim is not satisfied, we will be forced to appeal to the Arbitration Court.

Appendix: calculation of penalties.

Head of the enterprise

or his deputy,

last name, first name, patronymic ______________________________ M.P.

(signature)

Download the document “Claim for non-delivery of products”

The concept of non-delivery and under-delivery and legislative regulation

The concept of non-delivery of goods should be understood as the failure to deliver goods to the customer within the agreed time frame. Goods not delivered in full are considered undelivered.

Important! Short delivery of goods also includes the inability to take samples of goods due to the fault of the seller.

What should the customer do if the goods are paid for but not delivered? After the agreed delivery time of the order has passed, and the paid goods were not delivered on time and the parcel was not received, the buyer has the right:

1. Refuse to fulfill the contract (clause 2, clause 2, Article 450 of the Civil Code of the Russian Federation) and if the goods not delivered on time were paid for in advance, demand a refund for failure to deliver in the amount of the already paid cost of the goods as unjust enrichment (clause 1 of Article 1102 of the Civil Code RF).
2. If the goods are paid in advance, collect interest for the use of someone else's money (Article 395 of the Civil Code of the Russian Federation, Clause 4 of Article 487 of the Civil Code of the Russian Federation, clause 13 of the resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated October 8, 1998 No. 13/14).
3. Demand a penalty for non-delivery of goods or other penalties provided for in the supply agreement (Clause 3, Article 23.1 of the Labor Code).

If the buyer is faced with a shortage of goods, this fact should be recorded using a special act.

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Formatting a letter

If the organization has special forms indicating details, then it is better to draw up all outgoing documentation on them. If there are none, then it wouldn’t hurt to indicate them in the title of the letter. The counterparty has the right to know which deliveries are delayed and from which organization.

Perhaps, with timely notification, the customer organization will be able to organize work in such a way as to minimize the consequences of a delay in the delivery of any goods.

The letter looks quite simple:

• Details of the supplier organization.
• Addressing the customer (preferably specifically to the manager and by name and patronymic).
• Reasons for delay of goods.
• Approximate (or exact) dates when material assets will arrive at the warehouse or to the customer.
• Link to the contract under which deliveries are made.
• If there is force majeure specified in the contract, reference to specific clauses.
• Signature of the director, seal of the organization.

Documents found on the topic “complaint sample non-delivery of goods”

1. Sample . Claim for payment of a penalty for short delivery (late delivery or non-selection) of products ( goods ) Statements of claim, complaints, petitions, claims → Sample.
   Claim for payment of a penalty for short delivery (late delivery or non-selection) of products (goods) ref. no. to: "" 20, address: claim for payment of a penalty for short delivery (late delivery or non-selection) of products ( goods ) amount rub. in accordance with the concluded agreement no. from "" ...
2. Claim By shortfalls products
   Statements of claim, complaints, petitions, claims → Claim for non-delivery of products

   ...uo;surprise" (name of organization, 150000, Yaroslavl, Ivanova St., address, telephone) 39 claim (in the amount of 300,000 rubles) in accordance with concluded agreement No. 546 dated October 28, 2013 your organization...

3. Sample dated November 30, 1995 Statement of claim for the recovery of penalties for short supply (late delivery or non-selection) of products (goods)
   Statements of claim, complaints, petitions, claims → Sample dated November 30, 1995. Statement of claim for the recovery of a penalty for short delivery (late delivery or non-selection) of products (goods)

   ...areas of public consumption) the defendant is obliged to pay a penalty in the amount of rubles. (see attached calculation). claim made by us no. from "" 20 on payment of a penalty in the amount of rubles. for short delivery (late delivery or non-selection) of products ( goods ) ...

4. Sample. Calculation of penalties for short supply (late delivery or non-selection) of products (goods)
   Agreement for the supply of goods and products → Sample. Calculation of penalties for short delivery (late delivery or non-selection) of products (goods)

   settlement of damages for short delivery or late delivery (non-sampling) of products ( goods ) (name of supplier) in 20 under the contract (along with, for...

5. Sample. Claim due to shortage (marriage) goods
   Statements of claim, complaints, petitions, claims → Sample. Claim for shortage (defective) goods

   …. certificate of representative no. from "" 20 3. waybill no. . 4. other documents substantiating the claim on sheets. head of the enterprise or his deputy (signature)

6. Sample. Claim on payment of the cost of missing products (goods)
   Statements of claim, complaints, petitions, claims → Sample. Claim for payment of the cost of missing products (goods)

   ... "" 20 3. certificate for a representative of a public organization (other organization) no. from "" 20 4. calculation of the claim . 5. The seal of the sender (railway) is in good condition. 6. other documents substantiating the claim . supervisor…

7. Sample. Claim on payment of the cost of low-quality products (goods), fines and damages
   Statements of claim, complaints, petitions, claims → Sample. Claim for payment of the cost of low-quality products (goods), fines and damages

   ...invoice no. . 4. calculation of the amount of losses. 5. payment request no. from "" 20 6. other documents substantiating the claim on sheets. head of the enterprise or his deputy (signature)

8. Sample. Claim on the return of amounts paid for incomplete products (goods), payment of penalties and collection of fines
   Statements of claim, complaints, petitions, claims → Sample. Claim for the return of amounts paid for incomplete products (goods), payment of a penalty and collection of a fine

   ...the cost of incomplete products, including the cost of missing parts in the amount of rubles, and in total rubles. If the money is not received within the claim period, the specified amount will be forcibly recovered through arbitration. attachments: 1. Product acceptance certificate...

9. Claim about replacement goods of inadequate quality for a similar one product of proper quality
   Statements of claim, complaints, petitions, claims → Claim to replace a product of inadequate quality with a similar product of proper quality

   ...and) (address and location) from , (full name) residing at the address: contact tel. claim "" g. I bought in your store at (specify what product ) the price of rubles, which is confirmed by a cash receipt...

10. Claim about the return of advance payment for product
    Statements of claim, complaints, petitions, claims → Claim for the return of advance payment for goods

    ... (name, address) tel. claim "" year I concluded a purchase and sale agreement No. with your organization. ( Name of product ) …

11. Claim for the sale of low-quality goods
    Statements of claim, complaints, petitions, claims → Claim for the sale of low-quality goods

    ... (name and legal address of the seller) from , (full name) residing at the address: claim for the sale of low-quality goods "" in your store I bought (name of product , brand) hundred...

12. Claim with a request to the store for a replacement goods
    Statements of claim, complaints, petitions, claims → Claim with a requirement to the store to replace the product

    ...retailers" I ask you to replace the faulty refrigerator with refrigerator "y" with recalculation of the price. Please consider my claim within 7 days. If my demands are ignored, I will be forced to go to court. in the statement of claim, in addition to the above...

13. Claim contact the store for a replacement goods
    Statements of claim, complaints, petitions, claims → Claim to the store for replacement of goods

    ...store No. 777 from Ivanova I.I. living at the address: Moscow, st. 5th Soviet 100, apt. 1 (tel. 111-11-11) claim On September 5, 1999, I bought a “Sever” refrigerator in your store, 6 months later, during the warranty period...

14. Claim demanding a proportionate reduction in price and return of the amount of money
    the goods Statements of claim, complaints, petitions, claims → Claim demanding a proportionate reduction in price and return of the amount of money paid for the goods
15. Claim requesting troubleshooting goods, terminate the purchase and sale agreement, make a replacement
    Statements of claim, complaints, petitions, demands → Claim with a requirement to eliminate a defect in a product, terminate a sales contract, or make a replacement

    to: store manager (full name) address: consumer: address: telephone: claim . "" 20g. I purchased a brand TV from your store that costs rubles. It has a warranty period of...

How can you record a shortage of ordered products?

According to legislative norms, when delivering goods, the consignee must draw up a statement of discrepancies in quantity or quality, in which he must indicate surpluses or shortages. It is this document, or rather its copies, that can help you restore justice.

How to fill out a claim form for poor quality service?

Read about how to properly file a claim for a defective product here.

For a sample of filing a complaint with a supplier, please follow the link:

There are certain unified forms of the act:

1. Act (form number TORG-2) – drawn up when shipping Russian goods;
2. Act (form number TORG-3) – drawn up when shipping foreign goods;
3. Act (form number M-7) - drawn up when receiving materials.

If the consignee accepts several commodity items, the act must indicate only those for which a shortage was identified. Also at the end of the document it is necessary to indicate that no discrepancies were identified regarding other inventory items.

Experts advise drawing up a report only in the presence of a representative of the shipper. To do this, the contract must indicate the priority method of notifying persons of the need to invite a representative to accept the goods, the timing of arrival, as well as the procedure for action in the absence of the supplier’s representatives at the time of acceptance of the goods. It is also quite possible to indicate in the contract that in the event of a dispute regarding the quantity of goods supplied, a discrepancy report can be drawn up in the absence of a representative of the supplier, but with the help of an independent person (an employee of any disinterested organization).

Related documents

• Form of statement of claim to the arbitration court at a specialized consulting company
• Form of response to a statement of claim to an arbitration court at a specialized consulting company
• Claim form
• Claim form
• Sample. Claim under a contract
• Sample. Claim for payment of a penalty due to violation of deadlines for the start of contract work
• Plaintiff's application to reduce the amount of claims
• Statement of claim for recovery of funds and penalties under a contract
• Application for the elimination of illegal parking spaces in the yard
• Statement of claim for violation by the contractor of deadlines for completing work (rendering services)
• Statement of claim to invalidate the refusal in the state. registration of ownership of unfinished construction of real estate
• Statement of claim for recognition of ownership of a property (garage) due to acquisitive prescription
• Statement of claim for recognition of ownership of an unauthorized construction
• Statement of claim for recognition of ownership after the death of the seller for state registration of the purchase agreement
• Statement of claim for recognition of ownership rights
• Statement of claim for termination of contract and collection of rent
• Claim (due to unsatisfactory maintenance of the common property of the owners in an apartment building)
• Claim for violation of obligations under a shared construction agreement
• Complaint demanding elimination of defects in work
• Complaint about unlawful actions of an official

How to return the advance?

Often in business it happens that the delivery of goods is disrupted . In such cases, the supplier is forced to go through the procedure of returning the advance payment to the buyer.

The advance can be returned in several ways:

• Oral negotiations with the supplier. A well-formulated oral demand from the injured party will be sufficient.
• Send a letter of claim, so that in case of unsuccessful oral negotiations there will be evidence to file a claim in court.
• If the supplier does not respond to the claim or does not communicate at all, the buyer has the right to go to court.

If the contract stipulates the terms for the return of the advance, the supplier is forced to pay the money according to the established dates.

If there is no such clause in the contract, then the terms of payment of the advance are determined during the negotiations, or if the case goes to court, then the court sets the number of days required for payment of the advance.