Each contract includes not only prescribed by law, but also the responsibilities of each party.Often there are cases of violation of one of the parties assumed obligations under the contract or the execution is carried out properly.Violations can occur both on the part of the buyer and the supplier (goods or services).
claim - is a document based on which the settlement of disputes, produced in the pretrial order.This is the aggrieved party sends to the counterparty requirement of execution, amendment or termination of the contract, as well as compensation for losses incurred or payment of a penalty.
claim under the contract is not fair underestimated by many managers and entrepreneurs, and the document.As a qualified and timely written claim under the agreement makes it possible to avoid judicial review of disputes and thus save on legal costs.Trust preparation of such a document should be a legally competent people.
Claim exhibit to make it clear to the counterparty, a breach of contract causes your dissatisfaction, and also allows to justify your demands and to identify your intentions with respect to this situation.It also sets out the tentative way out of this situation.The claim of the service contract should lead to a dialogue to resolve the existing problems, and not to a standstill.In the complaint letter it is not only the content but also the time, the timing of its direction.
Do not be put off drafting such a document.Drawn up and sent to a claim under the contract services immediately upon discovery of violations prescribed in the contract.Otherwise, you will miss time, which could lead to the impossibility of fixes violations.The claim of the service contract have to be made in writing, because then you will easily be able to prove that you have done everything possible to reduce the losses caused to you.When writing be sure to specify the length of time you wish to receive a reply, preferably in writing, where your counterparts will register as possible correction of violations that have been declared.
claim settlement of disagreements between the parties is required to:
- if such a procedure is established FZ;
- if the Complaint provided the concluded agreement.
claim for the service contract, as well as a claim under the contract is made in any form, because there is no fixed form of law.But each of them shall contain information listed.
- requirements are fleshed
- If necessary, indicate the amount of the claim and its settlement.
- If the term of consideration of claim letter is not provided for by the contract, then you must specify this period in the text of the claim.Correctly identify period of performance of contractual obligations or payment rather than the term of the reply to the claim letter.
- specific circumstances justifying the claim with reference to the relevant legislation.
- list of documents attached to the claim, and other information.
claim under the contract as well as others claim letter should be drawn up and sent to the counterparty in the terms prescribed in the contract.At the same time it is necessary to make the necessary copies of documents that confirm the request.
claim letter must be signed by the CID Director, or his deputy, and mailed to produce a document confirming the direction (better if the letter was sent with acknowledgment of receipt).
