The concept of “warranty obligation” is familiar to specialists in various fields and fields of activity. What does such a phrase really mean and how to draw up such a document correctly?
Different aspects of the issue
When concluding a contract or any agreement, one party always asks the other to provide it with confirmation of its obligations. She does this in order to feel confident in the correctness of the transaction until all of its conditions are met. This written certificate is a guarantee.
By such a document, one legal entity assures another that it will certainly fulfill certain points of their agreement. A similar practice exists in various fields of activity:
- Insurance companies guarantee to compensate for the loss of entities buying their services by making payments in certain circumstances.
- Banks require customers to guarantee compensation for possible losses in the event they lose their documents.
- The buyer agrees to pay the supplier a sum of money for the goods on time based on the contract.
- The manufacturer gives the consumer a guarantee that the products released by him will work properly for a certain period.
In any of the above cases, there is a guarantee obligation of one party to the contract to another.
Buying a property
Quite often, citizens, wanting to become the owner of a dwelling, turn to realtors. An agreement is concluded, according to which the company’s specialist is obliged to find the desired object, which will meet all the requirements, and place it in the ownership of customers. All legal issues should be resolved in such a way that subsequently they could not be challenged or canceled. In this agency gives its customer a guarantee. It is in the form of an agreement between the parties after the completion of the transaction. The document states that one of the parties promises the other to compensate for any damage that it will suffer in case of loss of ownership of the housing received. The size of possible payments will be established on the basis of a special Regulation. The agreement is made in duplicate and signed by both parties. Each of them will have such a document and the opportunity to use it.
Factory Warranty
Each person at least once in his life acquired a technique in a store. It could be a TV, radio, coffee maker or washing machine.
Together with a passport and payment documents, a separate document is always issued to any buyer, which sets out the company's warranty obligations for the goods. In it, the manufacturer establishes the period during which the goods will not give a malfunction. If this happens, then the company undertakes to repair or replace the faulty device on its own. In this case, the choice is left to the client. In addition, the terms of service are specified. The same paper contains a list of conditions that the buyer must comply with in order to retain the right to take advantage of the opportunities provided to him. Violation of at least one of the clauses destroys such an agreement, and the drawn up obligation itself loses its force.
Contractual obligations
When concluding contracts for the performance of certain types of work with the subsequent provision of guarantees, you must be very careful. The text should be compiled on the basis of existing regulations.
For example, the contractor concluded a contract with the customer that he would install any equipment for him within one month. In addition, he guarantees that it will work properly for another 5 years. How to understand such a contract? Will the warranty remain valid after all work is completed or not? Here everything needs to be thought out in advance. Article 425 of the Civil Code of the Russian Federation, in which clause 3 states that the termination of the contract entails the termination of all obligations under it, will help. But paragraph 4 says the exact opposite. The contractor is obliged to comply with each clause of the agreement, and even the end of the term does not give him the right to violate anything. So, unless otherwise provided, he still must fulfill what the parties agreed upon initially. If in the text of the contract to make a link to one of these points, then you can protect yourself from any misunderstanding about this.
Rules for compiling a document
One of the types of confirmation of obligations between the parties is a letter of guarantee. It gives a certain certainty and serves to protect interests. In a way, this is a guarantee. A sample of such a letter can be compiled independently, because it is not much different from other similar documents.
Like any other business paper, it consists of four main parts:
- Introductory. It includes information about the company itself, the addressee and their details, as well as the name of the document and the date of its preparation.
- The main one. It outlines the essence. The text usually begins with the phrase: "By this letter we guarantee ..." or any other turn.
- The final one. It contains the signatures of the responsible persons and the seal of the organization. If the document refers to financial transactions, then it must be signed by the chief accountant.
- Applications Here, the guarantor company can submit documents that are necessary, for example, to confirm credentials.
Such a letter in case of default can be used in court.