Currently widely used supply contract in business.It is regulated by the Civil Code and in accordance with it is defined as follows - the contract between the supplier and buyer are engaged in business activities, the delivery of goods on time.Supply contract can be made between individual entrepreneurs or organizations engaged in entrepreneurial activity.
supply contract has the following specifics:
- The purpose of the goods are used in the business;
- Specific subject structure;
- The document caused a period of transfer of goods to the buyer;
- date of execution of the contract and its conclusion, as a rule, are not the same;
- so often made out a long term relationship, and supply is carried out regularly by certain parties, and in certain periods during the term of the contractual relationship;
- Supplier may enter into a contract for the supply of goods in the absence at the time of conclusion of the contract;
- Supplier may not have any rights on the realized goods.
performance of the contract deliveries adjusted in accordance with the conditions prescribed in the document granting the supplier and the buyer, not only certain rights, but also a number of responsibilities.Relationships of this nature are made only in writing and shall have a number of applications: the delivery schedule and protocol coordination of cost of goods sold.
performance of the contract provides for delivery of the risk of short supply and regulates it as follows: the supplier, who allowed failure to supply a certain period, is obliged to compensate for the amount of undelivered goods in the subsequent period during the term of the particular contract.Thus, the short supply of goods within a specified time lead to a duty to compensate the supplier to the buyer a penalty, but is not exempt from the need for additional delivery.
claim under the supply agreement shall be made in the case, if there is a breach of the conditions under which lay the document.The claim for the supply contract may be directed affected party, as which can be both a buyer and seller.Significant violations of the buyer:
1. Regular, repeated violations of the terms of payment;
2. Regular, repeated failure to select goods.
Significant violations by Seller:
1. Delivery of poor-quality goods with certain disadvantages that can not be eliminated within a reasonable time frame for the buyer.
2. Regular, repeated violations of the terms of delivery.
claim under the supply agreement can be made by either party in any form, as the law is not approved a specific template of the letter, and the need to send composed a letter in the mail to give your hands supporting documents to send, it is desirable that it was an acknowledgment of receipt.Despite the fact that the specific form is not provided, the claim under the supply agreement should contain certain items: the full indication of the parties, the essence of the claim, substantiated and backed by the necessary documents with an indication, if appropriate, the amounts of damage with complete calculations, as well as the way out ofthe current situation and the possible consequences with reference to specific legislation and response times in the document drawn up.Therefore, preparation of such a document, it is desirable to entrust a legally competent person.Task claim letter - nedovedenie problematic issues before the hearing, and their settlement by peaceful means.
In addition, for consideration of the case in court occurs only if the violation is committed by one of the parties not less than two times.
