A claim under a supply contract is a way to resolve a conflict between parties to an agreement. It is applied by all parties, without exception, if there are grounds. How is it compiled? What goals are pursued when using the claim procedure? What are the consequences of omissions?
Purpose of claim
The purpose of the claim under the supply contract is to consolidate and file the fact of violation of the terms of the agreement by the other party. In addition, without evidence of the dispatch of the claim to the other party, the plaintiff will not be able to go to court.
In a contractual relationship, compliance with the claims procedure is an indispensable condition before going to court. Otherwise, the application will be returned. This provision is the same for both civil and arbitration proceedings.
Regulation Features
How to make a claim under a supply contract is up to the sender. But some nuances should be taken into account:
- inaccurate wording will make it difficult to calculate the terms, the expiration of which gives the right to file a claim (as a general rule, it must be at least 30 days after sending the claim before filing a claim);
- the court considers the claims previously stated in the claim. If they were not presented in the document, then the claim in this part remains without consideration.
To a large extent, a claim under a supply contract is a prototype of a future claim. It is not worth treating it as a simple formality because of the low probability of a positive answer from the other side.
In the supply contract, the parties are entrepreneurs, the participation of a citizen-consumer is not provided.
Grounds of appeal
The supply agreement consists of a number of points, all of which are binding on the parties. Failure to comply with the conditions or their unfair performance is a violation. The degree of materiality does not matter. It is necessary when the potential plaintiff seeks to appeal to the court with a request to terminate the agreement.
By making a claim, a party has the right to refer to the norms of the law and to be guided in its preparation only by the text of the agreement. The law cannot describe all possible violations, but only sets guidelines for the parties.
Any formulations in the agreement on the waiver of the right to claim or judicial protection in one case or another are not valid and are invalid.
List of requirements
What could be the reason for the claim under the supply contract? Violation of the delivery time or other action or inaction.
In the text, a party has the right to refer to both one and several violations of importance to it. It is not necessary to draw up a separate document for each of them; it is enough to put everything in one.
Claim Structure
The structure is approximate, it can, if desired, be supplemented or corrected at its discretion:
- information about the recipient (full name of the company or full name of the person, address of residence or location, registration number in the registers);
- information about the sender (full name of the company or full name of the person, address of the place of residence, registration numbers in the registers);
- title of the document - be sure to make a note that this is a claim;
- date and number of the agreement, the conditions of which became the reason for the appeal;
- an indication of points that are violated, according to the author;
- evidence justifying the position of the sender;
- terms of consideration of the claim and receiving an answer to it (not indicated if specified in the agreement of the parties);
- list of attached documents;
- signature and date of referral.
Below we consider the features of the formulation of some requirements.
Supply disruptions
In this case, the document registers the dates and periods in which deliveries were planned, and the time of the delay in execution. Based on this, the calculation of penalties. If delays have occurred more than once, the calculation is done for each case, then the amount of the total debt is noted.
Product quality
Quality means compliance with the requirements of technical regulations and other regulatory documents or the customer. For example, a buyer asks for goods for a specific purpose. The conditions are deemed fulfilled if the goods are suitable for the agreed use. Other specifications may not apply. The parties are entitled to agree on the supply of goods of higher quality.
In the sample claim under the supply contract for low-quality goods, references are made to the terms of the agreement and to technical documents. Copies of photographs, examinations or other documents are attached.
If the buyer is to blame
Studying the claims to the buyer under the supply agreement, we note that they are built on violation of the terms of payment for the goods.
Payment in the supply agreement is made either as a single payment, or as a separate payment for each consignment. The second option is valid for agreements on a number of deliveries over a period of time.
A claim for payment of arrears under a supply contract is also formulated either for each case, or for all at once, depending on what violations and to what extent occurred.
Finally
The reason for the complaint is a violation of the terms of the agreement. Whether it is significant or not, it does not matter. The document focuses on one requirement or several at a time. The formulation option is selected by the sender. If there are numbers, then the text must necessarily include calculations that justify them.
The claim is sent before the claim is sent to the court. If the claim is not presented in the claim, it remains unexamined upon filing a claim.
