If the customer was not satisfied with the service rendered to him, then he has the right to inform the contractor about it. For such an action to be official in nature, information must be provided in writing. This will be the claim under the service agreement.
Conflict Resolution Method
In life, there are often situations when the provided service for some reason does not suit the customer. Dissatisfaction may be caused by:
- insufficient volume;
- poor performance;
- violation of the agreed deadlines.
Each of these reasons must have official confirmation. Otherwise, they can be perceived as nit-picking or slander.
The parties can resolve this conflict in two ways:
- apply to court;
- to understand among themselves, without resorting to outside help.
In the first case, additional funds and time will be needed. And in the second you can get by with normal negotiations. To do this, the customer must first state his dissatisfaction in writing and send it to the contractor. This message is a claim under a service agreement. In it, the customer sets out his point of view regarding the circumstances. In this appeal, he is trying to restore justice and protect his rights. In fact, a claim under a service agreement is a way to pre-trial resolution of the conflict.
What to do?
Before you start claim work, you must try to resolve the contentious issue through negotiations. Sometimes this is quite enough. If conversations do not lead to anything, then an appeal should be sent to the unscrupulous executor, in which he should state the reasons for his dissatisfaction and possible solutions. A claim under a service contract is usually made arbitrarily. There are no standard forms or approved forms. Such a message should clearly state the following points:
- Describe in detail the circumstances that caused this claim. The letter should be accompanied by more compelling reasons in the form of supporting documents.
- Calculation of the amount of the claim. It should include an assessment of the violation in monetary terms, possible losses incurred by the customer due to the poor quality of the service, as well as a penalty in the form of interest under the contract.
- Indicate acceptable terms for which the contractor must decide on this issue.
- Date of the appeal.
The letter, as a rule, is signed by the head of the customer or his authorized representative.
Rules for compiling documents
In order for both parties to feel responsibility for their actions, it is necessary to do the right thing at the very initial stage of cooperation. That is, it is necessary to properly draw up the contract for the provision of services. A sample of such a document should contain a mandatory clause regarding the responsibility of the parties.
Do not always rely only on decency. It is better to foresee the occurrence of a conflict situation and consider ways to resolve it. Usually in this part of the contract should indicate:
- Penalties and interest for violation of deadlines.
- If the punishment for a violation is not stipulated by this agreement, the perpetrator should be held responsible for his actions according to the norms approved by the Civil Code.
- It should be noted separately that, even having paid the penalty, the contractor will be obliged to correct the violation.
Only after that can you sign any contract for the provision of services. A model of such an agreement will give both parties certain guarantees regarding its implementation.
Paperwork
Practice shows that both the customer and the contractor may be guilty of the issue of non-fulfillment of contractual obligations. One of them does not always perform its work in a quality manner, and the other does not always pay on time. This can cause mutual discontent. For example, you can consider a sample claim under a contract when the contractor, for example, undertook to deliver the goods at the request of the customer to the intended point.
The car left the enterprise, but did not arrive at the final point. In this situation, the customer must send a letter to the head of the executing company. It must first state the circumstances of the case. Then, mention should be made of telephone calls that may have been made by employees of the customer company, figuring out the reasons for the situation. Then you need to state your claims, which are expressed in compensation for damage to the lost goods. This must be done by referring to a specific article of the relevant law. The letter must clearly indicate the amount of the claim in money. In conclusion, the customer must be reminded of the guilty party that if it does not take appropriate measures, the opposing party reserves the right to apply to court.
Drastic measures
Dissatisfaction of one of the parties with the results of cooperation may lead to the fact that the only solution will be the termination of the contract for the provision of services. Such an exit is an extreme measure when further partnerships are impossible.
In this case, there is no need to seek mutual agreement. The final decision can be made even by one of the parties. This possibility is assigned to it by article 782 of the Civil Code of the Russian Federation. It is indicated here that any of the parties to the agreement may initiate the termination of the previously concluded agreement. True, there is one subtlety. He will have to pay his partner all expenses (or losses) incurred by him during the fulfillment of obligations. Such a decision must be warned in advance. To avoid any misunderstanding about this, the question of the possibility of early termination can be immediately included in the text of the contract. This will not give the partner the opportunity to challenge the decision, because initially he unconsciously agrees with him.
