Putting a claim to your contractor - Russia

 When concluding a supply contract, you never know which side the catch will be. You made the payment, fulfilled your obligation under the contract, but did not receive the goods from the supplier.

 As you negotiate, your losses only increase. In order to push the supplier to fulfill his obligations, a claim should be sent to his address under a supply agreement in which there are clear requirements indicating the consequences of their failure. Timely submission of a correctly drawn up claim allows you to resolve the dispute without bringing the case to court.
 A sample of a pre-trial claim under a supply agreement must contain references to the norms of the current legislation of the Russian Federation, confirming an unfair approach to the fulfillment of the terms of the agreement on the part of the supplier.

 WHY IS IT IMPORTANT TO SUBMIT A CLAIM TO THE SUPPLIER'S ADDRESS?

There are many options for delivery contracts with different subjects, conditions and terms.
 If the supplier fails all reasonable terms allotted for the supply, or the quality / quantity of the goods does not correspond to the stated conditions of the contract, a claim should be prepared and sent to him, followed by an appeal to the court.
 All requirements must be done only in written form. Oral negotiations have no effect. You will not be able to refer to them as evidence if the case goes to court

 Purpose of the claim:
• informing the supplier about the violation of terms, improper performance of obligations on his part;
• the ability to resolve the conflict without going to court
• saving time, money that you will spend on going to court;
• setting time limits for the fulfillment of an obligation -
• strict observance on your part of the mandatory pre-trial order
• justification for your decision to terminate the supply contract, change its terms or demand damages from the supplier.
     If you do not comply with the claim procedure for resolving a dispute when applying to the court, your claim will be left without consideration.

   By condition of the pre-trial settlement of disputes, the conflict is resolved as soon as possible and with minimal monetary losses.

WHAT TO DO WITH A CLAIM IF THE TRANSACTION IS NOT WRITTEN?
   Sometimes it turns out that the delivery contract itself is lost or was not originally concluded in writing. Such circumstances do not mean that the deal was not concluded. You can confirm the legal relationship of the consignment note, invoices, payment orders, signed reconciliation statements, negotiating the subject of delivery.

   According to the position of the Supreme Arbitration Court of the Russian Federation, if one party begins to fulfill an obligation, and the other party accepts it or begins to fulfill a counter obligation, such an agreement will be considered concluded.

   If your interests are violated within the supply agreement, you need to prepare a substantiated claim, indicating the requirements and the time frame during which the supplier is obliged to fulfill them.

   After the supplier receives a claim and does not fulfill obligations, you can apply to the court with a statement of claim. Since you have proof of compliance with the pre-trial dispute resolution procedure.

 When filing a claim, we pay attention to:
• contract between you and the supplier
 when compiling it, you have the right to independently provide for the time frame for sending a notification of violation of its conditions, the time frame for giving a response and satisfying the requirements (as a rule, the time frame is from 10 to 30 days);
• legal standard
violated party has the right to go to court after 30 days from the date of sending the claim, unless another period is provided by law or contract.

 If the supplier does not fulfill its obligations under the supply agreement, you need to proceed as follows:
• Analysis of the situation. Carefully study the delivery contract, the rule of law. Determine the violations, terms, what documents to prepare, the method of filing a claim, the approximate time for receiving a response.
• Carrying out calculations. You need to calculate the amount of debt, payment of state fees, lawyer services and other items of expenses
• Drawing up a document. Take a sample claim under the contract for the supply of goods, fill it out, taking into account your circumstances.
• Send the finished claim to the contractor. It is important to keep all documents that directly indicate compliance with the pre-trial settlement of the dispute (a copy of the claim, receipts for dispatch, a note of receipt, if the claim was submitted personally, etc.).

 If a response to a complaint is not received within the specified timeframe or the counterparty again misses the deadlines by agreeing to fulfill them, you should prepare for legal proceedings.

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