Sample claim under a contract for the supply of goods

A contract is more expensive than money - popular wisdom says. In practice, it does not always turn out like this: agreements are not implemented, agreements are violated, deadlines are not respected. For such cases, the law provides for a procedure pre-trial settlement of the dispute, and practice has developed a model claim. Under a supply agreement, not only the goods are transferred from the supplier to the buyer, but also the ownership of it, which means risks. That is why it is so important to record the moment of violation of the contract and as soon as possible to call the violator to account.

In what cases is a claim made under a supply contract

Typically, a contract is concluded in writing and includes prerequisites: subject, price, volume, terms, conditions, liability.

If the counterparty has violated any of these conditions, the other party has the right to present claims for the restoration of the violated right, focusing on the sample claim. Under a car delivery agreement, for example, the supplier claims to accept and pay for the goods, and the buyer claims to deliver the goods of good quality.

What should be in the claim

The legislation establishes the mandatory details of the claim:

• names, postal and legal addresses of the parties;
• date and serial number of the claim;
• in connection with which requirements are put forward, the actual statement;
• evidence in support of the foregoing;
• legal basis for requirements, articles of law and contract;
• what are the requirements;
• the amount of the claim, if the claim is subject to assessment, as well as its calculation;
• Bank details, for which you need to transfer money;
• list of evidence attached.

What you need to know about the claim

A period of 30 days is established for the consideration of a submitted claim. After this period, the recipient must provide a response on the recognition or rejection of the claim. Thus, three options are possible:

1. The claim is recognized in part or in full. In this case, the recipient encloses payment documents for presentation to the bank or confirmation of payment. A recognized claim for the return of containers or the quantity of goods must be executed in kind, about which relevant acts are drawn up.
2. The claim is partially or fully denied. The answer must indicate the grounds and evidence, as well as the original documents returned.
3. No response is provided at all.

In the second and third cases, it is time to file a lawsuit, since failure to provide a response (if there is evidence of a claim) is equivalent to rejection of the claim.

Sample Claim under Equipment Delivery Contract

Director of LLC "Sh" Shapovalov I.V. (address)

from Joint Stock Company "L" (full address, EDRPOU, bank details)

Claim No. 3 dated 03/01/2015.

November 25, 2014 between LLC "Sh" (buyer) and AK "L" (supplier) entered into a contract for the supply of equipment (hereinafter - the goods). The specified agreement stipulates that, before 02/01/2015, the supplier undertakes to deliver the goods to the buyer in the quantity specified in Appendix No. 1 to the contract, and the buyer undertakes to pay for the goods received on time.
According to clause 3.1. of the contract, the buyer makes a 50% prepayment for the goods, and the remaining amount is paid within three working days from the date of signing the acceptance certificate of the goods by transferring funds to the specified bank account of the supplier.

The goods were delivered in accordance with the terms of the contract, the acceptance certificate was signed by the parties on 30.01.2015, no claims were made regarding the quality and quantity of the goods delivered. In connection with the proper performance of the contract by the supplier, the buyer is obliged to pay for the goods received until 02/04/2015, however, to date, this obligation has not been fulfilled.

Based on the foregoing, I ask you to transfer 50% of the cost of the goods in the amount of _______________ (in words) according to the following details (indicate the full bank details of the supplier), which should be notified in writing to the applicant by the deadline with the application of supporting payment documents.

If these requirements are not satisfied, we will be forced to go to court to recover the debt, as well as all penalties provided for by the contract and the law, with the costs incurred by the buyer.

Documents confirming the requirements stated in the claim, you have.

Director of AK "L" Koltsov A. I.

How to make a claim: some tips

Using the sample claim under the supply contract, you can make a claim yourself. To do this, take into account a few more nuances:

• The documents available to the recipient of the claim are not required to be sent; attach only the evidence that the counterparty does not have.
• Provide copies with the inscription "Corresponds to the original", assure the signature and seal. If necessary, attach the calculation of debts and penalties, they must be signed by the first person of the company or the chief accountant.
• In the absence of evidence of the stated requirements, the recipient has the right to claim the missing documents, while the term for the consideration of the claim is suspended, and your opportunity to restore your rights is postponed. So make sure everything you need is attached.
• The period for consideration of a claim is calculated from the moment it is received; therefore, the date of delivery of the documents to the addressee is important. It’s easy to do: send a claim and attachments with a mail receipt notice. The notification will be returned to the address you indicated with a note on the date of delivery of the item.

Attachment to the claim, if any, it is better to send an inventory, do not save on evidence.

The claim procedure is quite simple. If you want to save your time and effort, contact a lawyer.