Complaint to the supplier regarding quality. Sample claim for defective goods

When a batch of goods is delivered, there is a possibility that the goods will be defective. It is important for the customer to competently and correctly file a claim for defective goods.

Filing a claim seems like a simple procedure. However, it has many nuances that should be taken into account when drawing up the document. To protect the rights and interests of the customer, the indication of mandatory information plays an important role. A correctly drafted claim will help avoid or simplify litigation.

How to write a letter of complaint to a supplier regarding defective products?

Dissatisfaction with the work or services provided by the performers leads customers to the need to write a complaint.

A claim is a document in which the customer sets out all his claims against the supplier in writing. The document may be issued due to poor quality goods or delays in delivery. If you are dissatisfied with the quality of the goods received, the quantity of the goods or its configuration does not correspond to the declared quantity on the invoices, or the supplier violated the delivery deadlines for the goods, then you need to file a claim.

In the claim document, indicate the date of violation of the conditions, the full name of the organization that provided its services for the supply of goods.

The claim must be accompanied by supporting documents confirming the existence of the terms of the contract, as well as their violation.

These acts can be: an agreement concluded between the parties, an act on the presence of a defective product, invoices for payment for goods and other documents.

When filing a claim, do not forget to indicate the name of the product and its quantity. Describe the defective product in detail and emphasize the impossibility of its sale due to the presence of defects.

Refer to the articles of the Law “On Protection of Consumer Rights” and Civil Code Russian Federation violated by the supplier.

Please indicate in your complaint your requirements for regulation and resolution of disputes. You can request a refund or replacement of the product, as well as a refund of your Money. When requesting compensation for losses and payment of penalties, the amount must be indicated.

After the claim has been drawn up, the head of the organization and members of the commission who have attested to the presence of defective products must sign and affix the seal of the enterprise. After this, submit a claim to the supplier.

Where possible, the complaint should be submitted in person to the supplier's organization. On one of the two copies of the claim, the employee who accepted the claim puts his signature and seal of the recipient organization. This copy of the claim remains with you and indicates that the claim has been delivered to the recipient.

If it is not possible to deliver the claim in person, then send it by registered mail with delivery receipt. If the supplier refuses to accept the letter, an appropriate mark will be placed. It will confirm the fact of refusal in the event of litigation. Notice of refusal to accept a letter can be evidence and argumentation for filing statement of claim to court.

Necessary documents for filing a claim regarding receipt of goods of inadequate quality

Delivery of goods is not possible without certain accompanying documentation. Product documents indicate the name, characteristics and quantity of the product. TO similar documents include: invoices and invoices.

If upon receipt of the goods you have identified a discrepancy between the received products, then fill out a discrepancy report using the TORG-2 form. Based of this act a refund claim is being generated.

What to do if the supplier does not respond to such a complaint?

Writing and submitting a claim to the supplier is a pre-trial action. If the supplier does not respond to the complaint, file a claim with courts.

Refusal to fulfill the requirements in the claim letter, as well as refusal to receive the claim itself, is grounds for sending the case to court.

In the claim, describe the circumstances of the transaction, indicate the reasons for the claim and your requirements. Provide the agreement and the second copy of the claim to the court as evidence.

Get rid of legal proceedings a well-formed claim can.

By indicating in it all the requirements and their grounds, referring to the articles of the Civil Code and the Laws “On the Protection of Consumer Rights,” you can avoid litigation and resolve disagreements with the supplier peacefully.

In the article below we will look at the rules for drawing up a claim aimed at resolving a conflict situation between the parties regarding a violation of the clauses of the contract. It’s worth starting with the fact that maintaining claim correspondence is an integral part of the procurement process, which is why the responsible person in in this case acts as a procurement specialist for this organization, but in no case is the company’s lawyer.

Thus, as a result of financial and economic activities, a company engaged in purchasing goods may have conflicts with a counterparty regarding the quality or quantity of goods supplied. In such situations, the customer has the right to file a claim regarding the violated clauses of the agreement.

This document helps to resolve any controversial situation peacefully without the intervention of higher authorities or courts.

How to correctly write a letter of complaint about non-conformity of delivered products?

According to the rules business correspondence, the claim is made in any form in writing or printed form.

In order for the document to be drawn up correctly from a legal point of view, mandatory include the following items:

The essence of the claim with a detailed description and specific requirement, the satisfaction of which you expect from the supplier;
Valuation of the document (including all penalties, losses and penalties incurred as a result of violation of obligations under the contract by one of the parties);
Substantiation of the claim (including references to laws, regulations and evidence proving violations in the quality or quantity of goods);
A list of supporting documentation that you wish to attach to the main claim;
The deadlines that you expect the counterparty who is the addressee of the claim to comply with.

According to the law, the counterparty that accepted the claim is obliged to satisfy the applicant’s demands within the established time frame. Otherwise, the consumer has the right to contact higher authorities to restore justice. Thus, the case may go to court, which will consider a claim against the executor under the contract.

How to correctly record the non-conformity of the goods that were delivered?

If, during acceptance of the goods, the customer discovers that the quantity of goods supplied does not correspond to the quantity specified in the agreement of the parties, it becomes necessary to document this violation.

It is for such cases that the following filling samples have been created:

The act (form No. TORG-2) is used in the case when products from a Russian manufacturer were supplied.
The act (form No. TORG-3) is used in the case when imported products were delivered.
The act (form No. M-7) is used when accepting materials.

In the case where, in accordance with the invoice, goods were delivered for several items, only those for which a shortage was identified are registered. Be sure to note at the end of the document that no discrepancies were identified with respect to the remaining items.

Experienced specialists strongly recommend that such documentation be drawn up only in the presence of a person representing the interests of the supplier or shipper. That is why make sure in advance that the agreement of the parties specifies the procedure for notifying persons of the need to be present when receiving a consignment of goods, as well as regulations for actions in the event of their absence at the appointed time and place.

For example, you can write in the contract that if settlement is necessary controversial situations regarding discrepancies between the delivered products and the original agreement of the parties, statements of discrepancy can be drawn up in the absence of a representative of the seller of the goods, but in the presence of an independent person (for example, this may be an employee of an independent organization).

What to do if they do not respond to the complaint under consideration?

In practice, situations where a seller ignores complaints addressed to him are extremely rare. This is because the response to a claim is mandatory item claim correspondence and must be given in the context of resolving the conflict in a pre-trial manner. If you still do not receive any action from the seller, you have the right to file a claim in court.

Remember that in the claim you will need to describe all the circumstances of the case, as well as indicate the grounds for drawing up the claim and the essence of the conflict that arose during the acceptance of the goods. When drawing up a claim, do not forget to refer to the current legislation and draw up the document in accordance with the specified standards. Also attach all supporting documentation, including the agreement and one of the copies of the claim in your possession.

So, in order to resolve a conflict with the seller, first of all make a claim. IN this document Briefly state the essence of the violations you encountered and the requirements that you expect the counterparty to satisfy. In order to avoid any problems on your part in the event of further proceedings, be sure to adhere to all of the above nuances of drawing up a claim.

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

Concluding transactions involving financial settlements between the parties requires agreement between the parties to the agreement regarding the procedure and terms of payment, delivery dates, quality requirements and technical specifications products.

During the execution of a transaction, unforeseen situations may arise, and therefore the contract must define a procedure for resolving and eliminating them. For various reasons, failure or improper execution

obligations by the supplier may occur, in which case the buyer has the right to make a claim. The contract must necessarily contain a clause that would define methods for resolving disputes and disagreements in pre-trial proceedings. This is due to the fact that eliminating problems through a complaint procedure is much more profitable than contacting arbitration court

. Consideration of a case in court requires not only a lot of time, but also significant financial expenses.

How to compose

Sample claim The claim document must be drawn up in in writing , in any form. However, it should be observed general rules

writing such statements and including in the content: the essence of the complaint with detailed description
and a specific formulation of the requirements that are presented to the supplier;
valuation of the claim (including all losses, penalties, penalties associated with failure to fulfill obligations by the guilty party); substantiation of claims (links to regulatory framework
, certificates confirming quality and other documents);
a list of documents that are attached to the letter of claim and confirm the reason for drawing up the appeal;

deadlines for consideration of the complaint and the time period during which the supplier must respond and take measures to eliminate the comments. The party against whom the claim is made is obliged to provide a response to the claimant within the agreed time frame. Otherwise, the buyer can exercise its right to go to court, and the arbitration court will consider the claim against the supplier. For the accounting It is recommended to keep a journal that will indicate all claims made and notes indicating information on their resolution.

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Example of a complaint to a supplier about poor quality service (Size: 43.0 KiB | Downloads: 6,238)

According to clause 1 of Article 18 of the Law “On Protection of Consumer Rights”, the consumer, if he purchases a low-quality product, has the right to choose, at his own discretion, the following options:

replacement with a similar product of the same or another brand;
reducing the purchase price;
free elimination of identified deficiencies or payment for their elimination by the buyer;
refund of the amount paid for the goods.

In any case, in order for the buyer’s requirements to be satisfied, he must draw up and send to the seller of the goods or service provider a claim - a written request, a document that sets out the essence of the requirements.

Making a claim regarding the quality of a product is a very important step in resolving an unpleasant situation that has arisen; in fact, a claim is a way to peacefully resolve disagreements between the seller and the buyer of goods and services.

In addition, the claim procedure is mandatory stage, preceding trial, if it happens. When making a claim, it is worth remembering that its main task is to protect consumer rights. A well-drafted claim regarding the quality of a product will help ensure a pre-trial resolution of the dispute or, if the case is brought to court, significantly reduce the funds spent on the legal dispute.

The claim is made in any form, but it must contain the following points:

name of the addressee: last name, first name, patronymic and position of the person to whose name the document is sent - this person can be the director of the company, the head of the organization, etc.;
information about the sender: last name, first name and patronymic, address and contact phone number;
essence of the claim: indicates the type of product or service, the quality of which is the subject of the claim, the date and place of its purchase, specific deficiencies and problems identified after the purchase;
consumer requirements: exchange for a similar product, refund, etc. It would also be useful to indicate the buyer’s intention to be present during the examination of the goods, if one is carried out; in this case, the text must include a request to inform the buyer about the date, time and place of the examination;
an indication of the consumer’s intentions if his demands are not satisfied by the seller voluntarily (for example, filing a lawsuit with a request to collect additional penalties and compensation for moral damage);
the composition of the documents attached to the claim: copies of receipts, warranty cards, acts and other documents confirming both the fact of acquisition of the subject of the claim and problems associated with its quality;
date of filing the complaint regarding the quality of the goods and the signature of the sender.

In the text of the complaint, it is advisable to make reference to articles of law that protect consumer rights in such cases. The actual claim regarding the quality of the goods is drawn up in two copies - one remains with the seller, the other is returned to the buyer, always with a note from the seller that he accepts the application. If the seller refuses to make such a note or refuses to accept the application altogether, the claim must be sent with a notification to the seller's address. In this case, a postal notification will confirm the fact of acceptance of the claim.

IN fixed time the seller must satisfy the buyer's demands or refuse it. If the seller refuses to fulfill legal requirements consumer set out in the application, he can either state the fact and reasons for the refusal in writing (in a separate letter sent to the consumer in response to the claim, or in the form of a resolution on the consumer’s copy), or not respond at all, which should also be considered a refusal.

If the consumer's demand is not satisfied, he can go to court. Both before and after sending a complaint to the seller regarding the quality of the goods, it would be useful to consult with specialists from the consumer rights protection society. If necessary, they can both provide qualified assistance in drawing up a claim and assist in drawing up a statement of claim submitted to the courts. Lawsuit may be submitted by the buyer of a low-quality product or service either independently or on behalf of public association consumers, which can act in defense of the rights of a particular consumer.