Claim under a supply agreement. 2021 sample

What is a claim and why is it needed?

Supply contracts are documents that are widely used in commercial activities by legal entities and individual entrepreneurs. Their object is the delivery of any inventory items in a certain volume and on time.

If any clause of the contract is violated, the second party to the transaction has the right to write a claim to the counterparty. This document allows you not only to voice controversial issues and demand their resolution, but also not to bring the matter to court.

Is it possible to ask for damages along with the penalty under 23.1 of the Law of the Law of the Russian Federation?

Yes, you can. A long wait for an ordered product can create real inconvenience for the buyer. For example, let's say you make a down payment on a car using a loan. Naturally, in this case, the bank will require you to take out CASCO and MTPL insurance. Plus, you will pay the bank interest on the loan every month. If the delivery time for the car is delayed, you may lose interest in waiting for it and prefer to buy the car at another car dealership. In this case, it turns out that you wasted money on insurance and in vain took out a loan. That is, you will have real losses in the form of the insurance premium paid and interest on the loan. Article 23.1 of the Consumer Protection Act clearly states that you have a right to claim compensation for these losses.

What could be the essence of the complaint?

As a rule, claims relate to various types of transaction violations. 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.

An example of calculating a penalty according to Article 23.1 of the Civil Code

A man entered into a purchase and sale agreement with a car dealership for an Opel Astra. On December 21, 2012, he makes an advance payment to the car dealership for the car in the amount of 600,100 rubles (partly from his own money in cash at the car dealership’s cash desk, partly from a loan). The purchase and sale agreement states that the car dealership undertakes to transfer the car to the buyer no later than 39 banking days after the buyer pays the cost of the goods. After the delivery deadlines were violated, the man decided to take the advance payment and terminate the sales contract. The car dealership made a full refund of the prepayment amount on March 28, 2013.

Calculation of penalties Delay period - from 02/23/2013 to 03/28/2013 = 34 days Prepayment amount = 600,100 rubles. Penalty for 1 day of delay = 600,100 rubles * 0.5% = 3,000.50 rubles Total penalty = 3,000.50 rubles * 34 days = 102,017 rubles. 102,017 rubles is not more than the prepayment amount of 600,100 rubles, that is, the amount of the penalty will be 102,017 rubles

Let us explain the calculation procedure.

Calculation of delivery time. A banking day corresponds to a working day. Therefore, for calculations we will use the officially approved production calendar, which indicates all working and non-working days. The prepayment was made on December 21, 2012 (this is Friday), so the first day of counting the delivery period will be the next business day - Monday, December 24, 2012. We count 39 working days according to the calendar. The 39th working day is February 22, 2013, that is, this is the last day when the car dealership can deliver the car without violating the deadline.
Overdue. From February 23, 2013, the car dealership begins to be in arrears, and this will be the first day the penalty is accrued. We draw your attention to the fact that the penalty is calculated in calendar days, and not in banking or working days, since this is precisely the procedure provided for by the law on the protection of consumer rights. The last day for accrual of penalties will be March 28, 2013. If a man wanted to wait for the car to be delivered, then the last day for which a penalty could be charged to the car dealership would be the day the car was handed over to him. Thus, we accrue the penalty for the period from February 23 to March 28, 2013, which is 34 days.

When to make a claim

The law does not establish the procedure and period for filing a claim, so it is good if information about this is included in the main contract. 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.

Reducing the amount

A reduction in penalties is possible under clause 1 of Art. 333 of the Civil Code of the Russian Federation, when its amount is disproportionate to the consequences of violation of obligations.

It is important to consider several circumstances:

If the debtor is a commercial organization or individual entrepreneur, a reasoned application is submitted to the court to reduce the amount of the fine.
It will be necessary to prove that payment of a penalty in the amount established by the plaintiff will result in him receiving an unjustified benefit (clause 2 of Article 333 of the Civil Code of the Russian Federation).
It will not be possible to reduce the penalty to a level below the rate of the Central Bank of the Russian Federation.
The court considers the request for reduction after receiving a statement, and not an objection to the claim from the defendant.
The court has the right to reduce the amount at its own discretion if it determines that the consequences of failure to fulfill obligations are disproportionate.

According to the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 24, 2016 No. 7, even if the contract establishes the maximum and minimum limits of the penalty, this does not prevent the court from reducing it. The defendant will have to prove the disproportionate penalty and the unreasonableness of the benefit for the plaintiff.

Main nuances

Both the supply contracts themselves and the claims against them do not have single unified forms. This means that representatives of enterprises and organizations can write complaints in a free form, but subject to compliance with certain office work standards in their structure.

In addition, there is information that must be indicated in such documents.

In particular, in claims under a supply contract the following data must always be included the header

name of the sending company;
name of the organization to which the document is sent;
addresses of both parties.

Also, the form must be titled and it must include a reference to the main agreement (number and date of its preparation).

In the second part, you need to indicate the essence of the claim, including naming the violated clauses and terms of the contract. If there are any additional papers, photo-video evidence of violations committed, they must be indicated in the document as a separate item in the form of an appendix.

After this, all of the above should be summarized - here it is permissible not only to enter the existing requirements and set a deadline for their fulfillment, but also to warn the other party that in case of refusal to fulfill contractual obligations, the interested party reserves the right to go to court (as shown practice, such a threat often turns out to be quite effective).

Correct actions in case of missed production deadlines

If, in accordance with the concluded agreement, a citizen made an advance payment for a kitchen set and did not receive it on the day when, in accordance with the above-mentioned agreement, the set was supposed to be delivered to him, the citizen should call the furniture showroom and ask when the ordered furniture will be delivered, and at what cost reasons, the delivery time was missed.

Attention! Even if the furniture showroom postpones the delivery date and fulfills its obligations on the new date, it will be obliged to pay the citizen a penalty for the delay already committed.

In addition, in case of failure to deliver on time, the citizen may demand termination of the contract and a refund of funds.

Therefore, if you are not satisfied with the new delivery dates announced by the furniture center, feel free to demand a refund of previously paid funds. It is better to state these requirements in a claim sent to the furniture showroom.

Decor

There are no special criteria for both drawing up and filing a claim - it can be written on a simple blank sheet of paper, or on the company’s letterhead, by hand (but only with a ballpoint pen) or printed on a computer (the latter option is convenient because it does not you need to “drive in” the sender’s details).

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 from 2021, legal entities have the right to endorse their documentation with seals and stamps only if this norm 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.

Consumer rights and obligations of the seller and manufacturer

Before you begin to draw up a claim demanding payment of a penalty, you should clearly understand what rights and responsibilities the current legislation of the Russian Federation has given you, which are the furniture showroom, and which are the delivery service.

According to the standards enshrined in the current legislation, the delivery time for custom-made goods is determined by the seller or manufacturer. This approach is quite understandable.

After all, when the ordered furniture can be delivered to the consumer depends on many circumstances, among which are the workload of production facilities, the availability of free transport, and so on. That is why the delivery time will be specified in the contract directly by the salon.

Remember! Often the contract does not indicate a specific date on which delivery will be made, but a time period during which the ordered furniture will be delivered to you.

For example, the contract may indicate: “Delivery period of finished products to the Customer: from 04/10/2018. until April 20, 2018.” In this case, the failure to deliver the furniture on April 21 will be considered a missed delivery date.

Thus, if the furniture was delivered on April 21 or later, it is legal to demand that the furniture showroom pay a penalty for each day of delay in delivery.

Attention! Please note that there are a number of exceptions to this rule. If the concluded contract provides for the right of the contractor to postpone the delivery date, then it will be impossible to make a claim for a penalty. Indeed, in accordance with the contract, the seller has the right to independently change the delivery time.

How to return a kitchen set to Leroy Merlin?

What to do if your kitchen set is swollen from water, read here.

How to return an Ikea kitchen, read the link: https://novocom.org/tovary/vozvrat-i-obmen/vozvrat-deneg-za-tovar/kak-vernut-kuxnyu-ikea.html

How to send a document

You can forward your claim in the following ways:

By registered mail with return receipt requested.
Deliver by courier or company employee. In this case, you should obtain an autograph from a representative of the counterparty confirming receipt of the document.
Today, the development of technology allows the transfer of such documents through electronic means of communication, but only if the sender has an officially registered digital signature (although even this will not guarantee that the letter will be received and read by the recipient).