Claims for defective sports equipment. Claim with the requirement to eliminate the malfunction of the goods, terminate the contract of sale, make a replacement. When can I write a statement to the manufacturer about low-quality products

The form of the document “Exemplary form of a claim for the supply of low-quality goods (products)” refers to the heading “Contract for the supply of goods, products”. Save the link to the document on social networks or download it to your computer.

Head

(name of supplier organization, address,

____________________________________________

from__________________________________________

(name of the purchasing organization, address)

Claim

on the supply of low-quality goods (products)

"___" ____________ 20 ___ between ________________________________ and

(name of the purchasing organization)

A supply agreement was signed

goods (products) N _____. In accordance with clause _____ of the agreement

According to invoice N ____ from "____"

(name of supplier organization)

20___ delivered to us by ___________________________

(indicate the name, quantity, assortment

and other information about the product, products)

for a total amount of _____________ rubles. According to clause _____ of the contract

the cost of the goods (products) was prepaid by the buyer

by transferring funds in the amount of _____________ rubles. on the

current account ________________________________ N _______________ in the bank

(name of supplier organization)

___________________________.

(specify bank details)

The shipment arrived at __________________________ at ___________________________

(indicate the type of transport) (indicate the state of the container,

wagon, etc.)

from ________________________________________________________________________ to

(indicate the state of the seals of the sender, carrier)

Packaging. At

(indicate the type of container, the state of packaging of goods, products)

acceptance of the goods, it was found that the goods delivered by the seller

(product) does not meet the quality requirements defined by the parties

in clause _____ of the agreement. This fact is confirmed by the act of acceptance of the goods.

(products) from "____" ________________ 20___ N ______ who

drawn up with the participation of a representative of _____________________________________.

(name of company)

According to this act of acceptance, all low-quality goods were found

(products): _____________________________________________________,

(indicate the name, quantity of goods (products), not

corresponding to quality requirements)

which cannot be used for its intended purpose.

Thus, _______________________________ violated clause _____ of the contract.

(name of supplier organization)

Therefore, ___________________________________ must replace

(name of supplier organization)

delivered goods (products) ___________________________________________

indicate the name, quantity of goods (products),

does not meet quality requirements)

within ____ the period stipulated by the contract, and reimburse ____________________

(name of the buyer's organization)

losses in the amount of ________________ RUB.

Clause ___ of the contract defines ____ the period for considering a claim,

calculated from the day it was sent to the counterparty.

Based on the above and in accordance with Article.Article. 475, 518

of the Civil Code of the Russian Federation, clause ___ of the contract, we ask you

voluntarily replace a defective product (product)

_________________________________________________________________________

(indicate the name, quantity of goods (products) that do not correspond to

quality requirements)

for quality goods (products) within ____ time according to the contract, as well as

indemnify losses in the amount of _______________________________________ rubles,

(amount in figures and words)

by transferring the specified amount of money to the current account

N __________ at the bank ___________________________.

(name of the organization-buyer) (indicate bank details)

In the event of a full or partial refusal to satisfy the claim in

specified period, our organization will be forced to file a claim with

court of Arbitration.

We hope that ______________________________________ in a timely manner

(name of supplier organization)

will replace the low-quality goods (products), compensate for losses, and

we will continue to cooperate with your organization in the future.

"___" ______________ 20 __

_______________________ _______________________________________

(signature) (full name)

Applications:

1. A copy of the contract for the supply of goods (products) N ___ dated "___" ____ 20__

2. A copy of the invoice for goods (products) N _____ dated "___" _________ 20__

3. Copy of payment order for payment for goods (products) N __________

from "___" __________ 20__

4. A copy of the act of acceptance of goods (products) N _________ dated "___" __________

5. Calculation of the amount of losses.

View the document in the gallery:




  • It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both.

  • At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.

  • Gossip in the work team is quite commonplace, and not only among women, as is commonly believed.

  • We suggest that you familiarize yourself with anti-advice that will tell you how not to talk with the boss to an office worker.

Document information:

Attached file:

  1. Balance sheet of the enterprise (form No. 1 for OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation dated October 13, 1993 No. 114 for annual reporting for 1993 year)

    Financial statements, accounting → Balance sheet of the enterprise (form No. 1 for OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation of October 13, 1993 No. 114 for annual reporting for 1993)

    letter of the Ministry of Finance of the Russian Federation dated 10/13/93 n 114 approved by the Ministry of Finance of the Russian Federation for annual reporting for 1993 year balance of the enterprise +-+ codes +- form n 1 by order 0710001 for 1 - 20- +- date ( year,...

  2. Applications to the balance sheet of the enterprise (form No. 5 for OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation dated October 13, 1993 No. 114 for annual reporting for 1993 year)

    Financial statements, accounting → Applications to the balance sheet of the enterprise (form No. 5 according to OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation dated October 13, 1993 No. 114 for annual reporting for 1993)

    letter of the Ministry of Finance of the Russian Federation dated 10/13/93 n 114 approved by the Ministry of Finance of the Russian Federation for annual statements for 1993 of the application to the balance sheet of the enterprise +-+ codes +- form n 5 according to okud 0710005 +- for 1993 ...

  3. Report on financial results and their use (form No. 2 for OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation dated October 13, 1993 No. 114 for annual reporting for 1993 year)

    Financial statements, accounting → Report on financial results and their use (form No. 2 for OKUD) (approved by Letter of the Ministry of Finance of the Russian Federation of October 13, 1993 No. 114 for annual reporting for 1993)

    letter of the Ministry of Finance of the Russian Federation dated 10/13/93 n 114 approved by the Ministry of Finance of the Russian Federation for annual statements for 1993 statement of financial results and their use +-+ codes +- form n 2 okod 071000...

  4. State Tax Service of the Russian Federation letter dated October 19, 1994 of the year No. np-6-10-39 labor report (form No. 1-t, annual, approved Decree of the State Statistics Committee of Russia dated June 15, 1994 No. 68)

    Accounting reports, accounting → The State Tax Service of the Russian Federation letter dated October 19, 1994 No. np-6-10-39 report on labor (form No. 1-t, annual, approved by the Decree of the State Statistics Committee of Russia dated June 15, 1994 No. 68 )

    In gr. 6 of section 1. 3) including vacation pay, surcharges and allowances. "" 20 y. head chief accountant surname and n phone performer

  5. Claim demanding a refund for defective telephone

    Statements of claim, complaints, petitions, claims → Claim demanding a refund of a sum of money for a low-quality phone

    Director from the resident at the address: tel. claim May 11, 2012 I purchased a cell phone from your store telephone and a memory card to it, which is confirmed by the presence ...

  6. Plan for the transportation of goods by road ( annual) (appendix to the standard annual contract for the carriage of goods by road)

    Contract for the carriage of goods and passengers → Plan for the carriage of goods by road (annual) (annex to a standard annual contract for the carriage of goods by road)

    Appendix No. 1 to the standard annual contract for the carriage of goods by road transport plan for the carriage of goods by road road transport ...

  7. Claim with the requirement to terminate the contract of sale and return the cost phone

    Statements of claim, complaints, petitions, claims → Claim demanding to terminate the contract of sale and return the cost of the phone

    To the head from: (name) address: telephone: claim"" 20g. I purchased at the store at the cell address telephone(name of goods), worth rub., which according to ...

  8. Claim about return phone of proper quality, purchased remotely in an online store

    Statements of claim, complaints, petitions, claims → Claim for the return of a phone of good quality purchased remotely in an online store

  9. Claim under a contract for the maintenance of gas equipment

    Statements of claim, complaints, petitions, claims → Claim under a contract for the maintenance of gas equipment

    To the head from, living at the address:, g., st. q.d. . claim under a contract for the maintenance of gas equipment "" 20 of the year between me and "" was concluded ...

  10. Claim with the requirement to the store to replace the goods

    Statements of claim, complaints, petitions, claims → Claim demanding the store to replace the goods

    Itei" please replace faulty refrigerator to refrigerator "y" with price recalculation. please consider my claim within 7 days. in case of ignoring my requirements, I will be forced to go to court. in the statement of claim, in addition to the above...

How to write a claim letter (claim act) for a product of inadequate quality?

The regulation of the rules and the procedure for compiling the document in question depend on the subject composition of legal relations. Supply contract, in accordance with Art. 506 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), is for the purpose of transferring by a business entity to someone for a fee the ownership of goods that will be used for business or other purposes not related to personal consumption.

From this concept it follows that a natural person cannot be a party to a supply transaction. This means that the provisions of the Law No. 2300-1 of 07.02.1992 “On the Protection of Consumer Rights”, including those relating to making claims about the quality of goods and exercising the powers of the buyer, cannot be applied.

At the same time, no form of a claim act is contained in any normative act. The rules for compiling this document have not been developed either, therefore it is formed taking into account the customs of business turnover and the basic rules that make up the regulatory framework when forming a claim:

  1. The powers of the buyer and the requirements that he can present in a claim are determined by Art. 518, 475, 520 of the Civil Code of the Russian Federation.
  2. The obligation to send a claim before applying for a resolution of the dispute in court follows from the norms of the APC of the Russian Federation (for example, part 5 of article 4 and paragraph 7 of part 1 of article 126).
  3. The deadlines for submitting claims to eliminate violations of the obligation to the supplier in relation to the quality of the goods are enshrined in Art. 477 of the Civil Code of the Russian Federation.
  4. The requirements for the form of a claim sent by a legal entity to another organization stem from Art. 161 of the Civil Code of the Russian Federation on the forms of the transaction and procedural rules on the need to confirm the direction of the claim to the second party to the transaction (for example, clause 8, part 2, article 125 of the Arbitration Procedure Code of the Russian Federation).

Claim letter - content, sample

As already mentioned, there is no legally approved sample letter of claim for the quality of goods to the supplier, so the document is drawn up in an arbitrary form. However, it is important to take into account that due to a number of legal norms and practice of civil law relations in this area, the following elements should be present in it:

  • name, details and contact details of the recipient of the claim;
  • details of the supply agreement;
  • an indication of the circumstances in connection with which claims arose regarding the quality of the goods received by the buyer (read about the methods of activating a marriage);
  • references to the norms of legislation and clauses of the contract, fixing the obligation of the supplier to supply products of the appropriate quality;
  • an indication of the fact that the buyer has fulfilled its obligations under the contract;
  • a specific requirement to eliminate violations in relation to the quality of goods determined in the contract (in accordance with the powers established by Article 475 of the Civil Code of the Russian Federation);
  • position and full name of the person signing the document.

In addition to the signature of a competent official, the claims are affixed with the seal of the economic entity (if any), after which the document is registered in accordance with the rules of office work in the organization that is the buyer, and sent in the manner specified in the contract. As a rule, the claim is sent by registered mail with a notification and a description of the attachment. A sample statement of claim to the supplier for the quality of the goods can be downloaded on our website.

Don't know your rights?

How long does it take for claims to be accepted?

The obligation of the buyer to carry out not only the acceptance of the delivered goods, but also to check its quality, is enshrined in paragraph 2 of Art. 513 of the Civil Code of the Russian Federation. If defects are found in the quality of the delivered goods, the buyer must inform the supplier in writing. The term for sending such a claim is established by the specified norm, which obliges to send a request for the elimination of deficiencies immediately after they are discovered.

In this case, the period allotted for the identification of such deficiencies may be determined by:

  • legislative norms;
  • the terms of the supply agreement;
  • business customs.

The paragraph on the supply contract does not contain more detailed deadlines for identifying shortcomings and, accordingly, for filing claims. However, paragraph 5 of Art. 454 of the Civil Code of the Russian Federation states that the general rules on sale and purchase apply to specific types of purchase and sale (including delivery), unless otherwise provided by the relevant paragraphs.

Since the delivery standards do not establish specific deadlines for the seller to submit claims upon receipt of low-quality goods, Art. 477 of the Civil Code of the Russian Federation, according to which claims for the quality of goods are accepted within:

  • expiration date;
  • the period of validity of the guarantee for the goods;
  • a reasonable time (but not more than 2 years from the date of acceptance of the batch);
  • other period established by law or contract.

The claim itself must be sent immediately after identifying deficiencies in quality.

Thus, a claim for the quality of the goods delivered under the supply contract must be sent immediately after the discovery of defects. Although this document does not have a unified form, the sample presented at the link above will make it easy to write a claim for goods of inadequate quality - it is enough to correct the data according to the situation.

  1. An example of a sample claim for a low-quality product (air conditioner)

    Store claim template for defective goods. The consumer bought the air conditioner for cash. After installing the air conditioner, obvious shortcomings of the purchased goods were revealed: the air conditioner could not work for cooling. With this problem, the consumer contacted the service center. The air conditioner problem has not been fixed. AT claims the consumer demands to return to him the money for the purchased defective goods.

  2. An example is a sample claim for the return of goods (any product of inadequate quality)

    An example is a sample claim for the return of goods. The claim contains the norms of the Consumer Protection Law, links to articles. You can download and fill in for any product of inadequate quality, which is subject to return.

  3. Store claim template

    Store claim template. Suitable for you if bought in a store The product did not fit due to technical reasons. Contains a request for a refund of money paid for the goods. A claim helps if the store refuses to return the money for the goods.

  4. Sample sample claim for a refund for a freezer

    Claim for the return of funds under the contract of sale for the goods. Reason: the freezer did not fit for technical reasons (strong noise from work).

  5. An example of a sample claim for low-quality dietary supplements

    The claim of the buyer of dietary supplements demanding a refund due to the poor quality of the goods. The claim contains the necessary references to the Law on Consumer Rights and may be applicable in cases where it is required to return a low-quality or questionable product, improperly informing consumers about the qualities of a food product sold and purchased for medicinal purposes.

  6. An example of a sample claim under a contract for the sale of a car

    The buyer of the car bought the car under a contract of sale. I have a receipt for full payment. After a short period of time, during the warranty period, the buyer of the car revealed significant flaws in the car. Specifically, engine failure. Due to the fact that the repair or replacement of the car engine will be expensive, the buyer files a claim for an overpriced car and a requirement to replace the car with a similar one without defects.

  7. An example of a sample claim for a refund for a cell phone

    Cell phone refund claim form. The claim is suitable for all buyers who are faced with the problem of issuing low-quality goods when buying a phone. Download the claim and correct the requirements and facts based on the documents that you have (sales receipts, dates, company name, passport details)

  8. An example of a sample claim for a refund for a computer game

    Claim for a refund for a defective product - a computer game.

  9. An example is a sample claim for a low-quality product (washing machine)

    Claim for low-quality goods - a washing machine. After the purchase, during the operation, the buyer discovered that the machine has a significant technical flaw. It does not have a spin function. Based on the law on consumer rights, the buyer of a defective product requires the full cost of the washing machine to be returned to him.

  10. An example of a sample claim for returning a jacket to a store

    Claim to the online store for a low-quality TV. The product was purchased from the website of the online store, a defect in the product was found and a request for a replacement product was sent by e-mail. There was no answer. In a written claim, the consumer demands to replace the product with a similar one, without defects.

  11. An example of a sample claim for poor-quality manufacturing of kitchen furniture

    The furniture was ordered and delivered to the client. During the assembly process, flaws were found. And during the assembly, the walls and the window sill in the kitchen were damaged. The employees of the manufacturing company promised a quick replacement of low-quality parts, but did not keep their promise. Since the apartment was equipped by the owner for the purpose of renting out, she suffered losses due to the impossibility of renting out the apartment with a faulty kitchen. In the claim, there are requirements, in addition to the replacement of parts, to compensate for financial and moral damage.

  12. An example of a sample claim for a refund for furniture and termination of the contract

    Claim for failure to meet the deadlines for the manufacture of furniture. The deadlines under the contract were missed by the furniture manufacturer, in connection with this, the consumer demands a refund of the money paid by him under the contract of sale. Links to the law on consumer rights are indicated, the terms, data about the company and the contract number must be personalized.

  13. An example of a sample claim to the seller for the return of a vacuum cleaner

    Claim to the seller for the return of the purchased vacuum cleaner. When selling, the buyer was incorrectly informed about the product. The seller misled the buyer and described the product in such a way that the buyer would buy it: he attributed to the product functions that he did not have. In the process of use, the buyer found out that the words of the seller had no connection with the actual properties of the goods and demanded a refund.

  14. An example of a sample complaint to the store. Laptop return

    Shop complaint. The cost of the laptop was paid in full at the store. Upon receipt of the goods, a significant drawback was immediately discovered in it: the laptop, which was sold as new, had scuffs and scratches. It looked like it was in used condition. In a claim, the buyer demands a refund for the goods.

  15. An example is a sample claim for a refund for goods and installation (installation)

    Claim for the return of a hypothetical product and the cost of installing it on the premises. The reason is the destruction of the installation design (can be replaced by other reasons, in relation to your case).

  16. An example of a sample claim under a contract for the sale of furniture

    Claim to the contract for the sale of bathroom furniture. The contract was violated due to the delivery of furniture. The buyer demands to return the money paid to him within the time limits established by the law on consumer rights.

  17. An example of a sample claim to a car dealership

    Claim to the dealership where the buyer purchased the car. In the process of use, the car owner revealed significant shortcomings: the car did not have a number of standard features that were declared according to product standards. The consumer, relying on his rights, demands to replace the car with a new one with the appropriate equipment and reimburse the costs of the services of a lawyer.

  18. Example-sample of a claim to a car repair shop

    The claim to the auto repair shop is based on the fact that the car was transferred to the auto repair shop for repair and the master did not perform the agreed work. The service - the overhaul of the car engine was not performed, and the money for the service was paid at the first request. In the complaint, the buyer demands the return of the money to him.

  19. An example of a sample claim to an airline

    The consumer has booked charter flights with the airline. But when checking the tickets, it turned out at the control that one of these tickets does not exist. The ticket was sold to another person. As a result, the client was forced to purchase three tickets for another flight (due to the inability to fly separately from the family). The claim is for reimbursement of financial expenses.

  20. Sample Claim Example

    Buying a car in the salon under the contract. Despite the fact that the consumer paid the full cost of the car when drawing up the purchase and sale documents, he did not actually receive the car even after a long period of time. Reason: lack of registration certificate for the car. In the Claim, the buyer demands to return the cost of the car to him and terminate the contract for the purchase of the vehicle.

  21. An example of a sample claim to a car dealership

    Sample letter to car dealership. The consumer has signed a contract for the purchase of a car with certain functions and equipment. As a result, it turned out that the equipment is significantly different from what was promised.

  22. Example of a sample claim for computer repair

    Complaint letter for poor quality computer repair

  23. An example of a sample claim for poor-quality medical services

    Sample claim for substandard medical services. Poor quality medical services are a common problem for consumers. Judging by the appeals to our consumer protection lawyers, in the field of paid medical services, consumers need to be on the alert. Before paying for services, be sure to read the rules for the provision of services and keep all documents, up to payment receipts. Do not throw away checks even if the service was rendered and in your opinion everything went well!

  24. An example of a sample claim for low-quality furniture

    Claim against LLC, a store for low-quality furniture. Under the contract for the purchase of furniture, there were significant violations in terms of the transfer of goods.

Sample claims for services

  1. An example of a sample claim to the contractor

    The contractor took responsibility for the construction of the foundation. AT claims from the customer to the contractor it says that under the contract the contractor had to do the work and hand it over to the customer. But the contractor was unable to fully provide the service and fulfill all the conditions under the contract. AT claims the customer, relying on demands to pay him money, reimburse the costs of the services of a lawyer.

  2. Travel agency complaint. The client transferred money to the account of the agency under a contract for the provision of tourist services. As a result, they were of poor quality. AT claims The client requires the travel agency to terminate the existing contract and refund the money paid.

  3. Bank claim example

    Claim from the borrower to the bank. The consumer received a bank loan to buy a mobile phone. According to the contract, monthly payments were made regularly and there were no delays. The consumer repaid the loan in full within the term stipulated by the agreement, including bank interest. Six months later, a call came from the bank with a message that the consumer had a debt. Consumer writes bank claim, where it requires to understand the situation.

  4. An example of a sample claim from a freight forwarder

    claim to the forwarder. Between the service provider - freight forwarder and the consumer of services, a private person, an agreement was concluded on intercity transportation of goods. However, payment for the services of the carrier was not made in due measure under the contract. The claim is drawn up by the carrier and sent to the consumer of the service.

  5. An example of a sample claim to a travel agency

    Complaint to a travel agency about low-quality services. The client of the travel agency has fully paid the contract for travel services. As a result, they did not receive the proper quality of service: a hotel room was not booked, in connection with which the client incurred additional costs for renting a room and paying for additional services. The claim contains claims for compensation for non-pecuniary damage and reimbursement of funds paid by the client under an agreement with a travel agency.

  6. An example of a sample claim to the OSAGO insurance company

    Insurance company claim OSAGO. As a result of an accident, the car of a client of the OSAGO insurance company was badly damaged. He is not responsible for the accident. The second participant in the accident, who also had OSAGO insurance, was found guilty. The driver, innocent in the accident, turned to the insurance company of the culprit of the accident, providing all the documents necessary to recover the damage. But the examination estimated the cost of repairing a car much lower than the average price of repairs. That's why claim the applicant contains a requirement for compensation for the harm caused to him to repair the car.

  7. Sample letter to insurance company after car accident. Download the claim template and edit it to suit your case. Fill out carefully, based on the documents and regulations that you have.

  8. An example-sample of a claim to a bank for the recalculation of debt on a loan

    A sample claim to the bank for the recalculation of debt under a loan agreement and recognition of the debt as unreasonably accrued. With proper editing, it is also suitable for a claim to a microfinance organization for the recalculation of debt and the removal of accrued interest.

  9. An example of a sample claim to an organization

    Claim against the organization under loan agreements. Several loan agreements were drawn up between the borrower and the claimant. But the borrower did not fulfill its obligations and did not pay the loan amount and monthly interest under the agreement. The applicant claims in the claim to pay the loan amount and the interest due to him under the contract.

  10. An example of a sample claim for a refund for educational services

    Claim for a refund for educational services. Reason for return: poor-quality educational services. Requirement: reimbursement of funds paid by the client under the contract and compensation for moral damage due to lost time and repeated requests from the client to resolve the situation.

  11. An example-sample claim under a contract for the provision of language training services

    Sample claim under a contract for the provision of English language training services. The claim will help consumers of services to defend their rights if the service was paid for and not provided or provided with inadequate quality, in violation of the terms of the contract. Requirement: reimbursement of the amount of payment, compensation for non-pecuniary damage, payment of interest for the use of other people's money.

  12. An example-sample of a claim under a microloan agreement

    Microloan claim. The claimant cannot repay the loan and in the claim asks to defer payment under the contract.

  13. An example of a claim against an insurance company

    insurance company claim template

  14. An example of a sample claim for the return of a loan

    Loan refund claim. From the Lender to the debtor with the requirement to pay within the specified time.

  15. An example of a sample claim for poor quality services

    Poor service delivery. The claim was written without specifying a specific service. Download the claim and complete it according to your conditions. The document is suitable for almost any case of poor quality services.

  16. Sample Sample Claim for Training Services

    Complaint about poor-quality training services addressed to the CEO. The claimant requires termination of the contract on the basis of non-fulfillment of one of the clauses of the contract.

  17. Sample sample claim for non-compliance with safety rules

    A good competent claim to the shopping center for non-compliance with safety standards. An elderly visitor to the shopping center slipped on a wet floor, was injured and suffered both physical, moral and financial damage. Under consumer law, she demands fair compensation. The claim is useful for all cases of violation of safety standards in public places, institutions.

  18. Example-sample claim for warranty repair

    Claim for warranty repair of a washing vacuum cleaner. The consumer handed over an expensive washing vacuum cleaner for repair. The vacuum cleaner has been in the repair shop for more than the period required for repair. That is, for a disrespectful reason, the equipment repair service was not provided. In the claim, the consumer demands to make repairs and pay him the amount of non-pecuniary damage.

  19. An example of a sample claim to a travel agency

    Travel agency claim. The consumer purchased a week-long holiday at a resort from a travel agency. Payment was made in advance, but the service was of poor quality - the resort refused to provide him with a room, since the reservation was not made. The consumer of the travel agency's service requires the return of money to him due to the provision of poor-quality services.

    Download the claim to the insurance company

    Claim to the insurance company. Under the insurance contract concluded between the applicant and the insurance company, the applicant insured his vehicle - a car. As a result of the traffic accident, the applicant's car sustained technical damage. The applicant immediately informed the insurance company about the occurrence of the insured event. As a result of notification of the insured event, the insurance company opened an insurance case. However, to date, the insurance company has not issued a referral for the repair of the vehicle to the applicant. The applicant requests that the insured vehicle be sent for repair to the service station of an authorized dealer.

  20. Sample sample claim for damages

    Damage claim. Was there any mechanical damage to the vehicle as a result of the traffic accident? owned by the applicant. The driver of the other vehicle was found guilty of the accident. After the occurrence of an insured event, the applicant immediately contacted the insurance company of the perpetrator, providing a complete set of documents and a car damaged in an accident for inspection and determination of the amount of damage. However, the insurance company paid out only part of the money for the restoration repair. Repeated appeals to the insurance company of the culprit to pay the applicant the insurance indemnity in full were unsuccessful. The applicant requires, in order to compensate for damage caused to property, to pay a part of the insurance indemnity.

Ask a Consumer Lawyer

As a result of financial and economic activities, enterprises purchasing goods (services) from third-party organizations may experience problems related to the quality and technical condition of the supplied products (rendered services). In this situation, the consumer has the right to highlight the problem in a document called a claim to the supplier.

The conclusion of transactions involving financial settlements between the parties implies an agreement between the parties to the agreement regarding the procedure and terms of payment, delivery times, requirements for quality and technical characteristics of products.

In the course of the transaction, unforeseen situations may arise, in connection with which, the procedure for their resolution and elimination should be determined in the contract. For various reasons, non-fulfillment or improper fulfillment of obligations by the supplier may occur, in which case the buyer has the right to file a claim.

The contract must necessarily contain a clause that would determine the methods for resolving disputes and disagreements in pre-trial proceedings. This is due to the fact that the elimination of problems in a claim procedure is much more profitable than applying to an arbitration court. Consideration of the case in the courts requires not only a lot of time, but also significant financial costs.

How to compose

Sample Claim

The claim document must be drawn up in writing, in any form. However, you should follow the general rules for writing such statements and include in the content:

  • the essence of the claim with a detailed description and specific wording of the requirements that are presented to the supplier;
  • valuation of the claim (including all losses, penalties, forfeits associated with the failure to fulfill obligations by the guilty party);
  • substantiation of claims (links to the regulatory framework, certificates confirming the quality and other documents);
  • a list of documents that are attached to the claim letter and confirm the reason for the appeal;
  • terms of consideration of the claim and the time period during which the supplier must respond, take measures to eliminate the comments.

The party to which the claim is made is obliged to provide a response to the applicant within the agreed time frame. Otherwise, the buyer can exercise his right to appeal to the court, and the arbitration court will consider the claim against the supplier. To record claim letters, it is recommended to keep a log, which will indicate all claims and notes indicating information on their resolution.

Loading...
Top