Make a claim regarding the quality of the product, sample. Complaint to the supplier of goods


In a complaint to the supplier, the buyer expresses his dissatisfaction with the quality of the goods, the terms of delivery, as well as other conditions. A claim is a peaceful way to resolve a conflict.

When signing an agreement for any transaction, the participants discuss the nuances that may arise during the delivery of goods. The supplier, despite the terms of the contract, can afford not to fulfill its obligations or will not fulfill them in full. To protect your rights as a buyer, you, as a buyer, can file a claim.

In the contract that you sign with the supplier, be sure to include a clause that covers the resolution of disputes through a claim. What is it for? The claims procedure for resolving disputes and disagreements will be much more profitable for you than if you contact arbitration court. For participation in trial it takes a lot of time and also material costs.

The mandatory form for filing a claim is written. The legislation does not establish any specific rules for drawing up this document.

When writing a complaint, follow these rules:

  • formulate your thoughts specifically;
  • indicate the amount at which you estimate the claim, this is usually a penalty or a fine;
  • refer to regulations, in particular, quality certificates and other documents;
  • Please attach documents to your claim that will confirm the validity of your claims;
  • indicate the period within which the complaint must be considered by the supplier and he must respond to the appeal.

Within the specified period, you must receive a response from the supplier, otherwise file a claim with the arbitration court.

What documents are required to file a claim regarding a product of inadequate quality?

Each batch of goods that is supplied has accompanying documents: invoice, waybill TORG-12, waybill. To correctly draw up a claim with refund requirements, you must not forget about the above documents.

A discrepancy report (TORG-2), drawn up if any inconsistencies or discrepancies in the supplied products are found, is the basis for filing a claim for the return of goods to the supplier.

What to do if the supplier does not respond to the submitted claim?

It is rare that a supplier does not respond to a complaint sent to him. The claim is drawn up and sent to the supplier at the stage of pre-trial dispute resolution.

If the supplier ignores your claim, you need to file a claim with the arbitration court.

In the statement of claim, indicate the circumstances of the incident, the reasons for which you filed a claim, and also note the controversial issues and state your claims to the supplier. The claim must be filed in accordance with the law. Attach to claim Required documents, including the second copy of the claim and the supply agreement.

Disputes that have arisen between the consumer and the supplier can be resolved with the help of a claim.

This document must include: detailed information about violations committed by the supplier, in particular, failure to meet delivery deadlines, or delivery of goods of inadequate quality. The claim must be made in accordance with the law, and it must also contain clearly formulated requirements.

Document form " Approximate form claims for the supply of low-quality goods (products)" refers to the heading "Agreement for the supply of goods, products." Save the link to the document in in social networks or download it to your computer.

To the head

(name of supplier organization, address,

____________________________________________

from__________________________________________

(name of purchasing organization, address)

Claim

about the supply of low-quality goods (products)

"___" ____________ 20 ___ between ________________________________ and

(name of purchasing organization)

A supply agreement was concluded

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

According to invoice N ____ from "____"

(name of supplier organization)

20___ put ___________________________ to our address

(specify name, quantity, range

and other information about the product, products)

for a total amount of _____________ rub. According to clause _____ of the agreement

the cost of the goods (products) was pre-paid by the buyer

by transfer Money in the amount of _____________ rub. on

current account ________________________________ N _______________ in the bank

(name of supplier organization)

___________________________.

(specify bank details)

The cargo arrived __________________________ at ___________________________

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

carriage, etc.)

from _____________________________________________________________________ to

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

Packaging. At

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

upon acceptance of the cargo, it was established that the goods delivered by the seller

(products) do not meet the quality requirements defined by the parties

in clause _____ of the contract. This fact is confirmed by the goods acceptance certificate

(products) from "____" ________________ 20___ N ______, which

compiled with the participation of a representative of _____________________________________.

(name of company)

According to this act acceptance of all low-quality goods identified

(products): _________________________________________________________________,

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

meeting quality requirements)

which is not possible to use for its intended purpose.

Thus, _______________________________ is 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 compensate ____________________

(name of the buyer's organization)

losses in the amount of ________________ rub.

Paragraph ___ of the contract defines ____ the period for consideration of the claim,

calculated from the day it is sent to the counterparty.

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

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

voluntarily replace defective goods(products)

_________________________________________________________________________

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

quality requirements)

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

compensate losses in the amount of _______________________________________ rub.,

(amount in numbers and words)

by listing the specified sum of money to a current account

N __________ in the bank ___________________________.

(name of the purchasing organization) (specify bank details)

In case of complete or partial refusal to satisfy a claim in

within the specified period, our organization will be forced to file a claim in

arbitration court.

We hope _______________________________________ in a timely manner

(name of supplier organization)

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

We will continue cooperation with your organization in the future.

"___" ______________ 20 __

_______________________ _______________________________________

(signature) (full name)

Applications:

1. 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. Copy of the goods (products) acceptance certificate N _________ from "___" __________

5. Calculation of the amount of losses.

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Very often in our lives situations arise when we purchase a certain product, and over time we discover that it turned out to be of poor quality. What to do in such a situation, who should you turn to to protect your rights?

First of all, you can go to the direct seller or the manufacturer. To do this, you need a claim for the quality of the product. How to draw it up, what details and claims must be present, how to format it correctly?

The legislative framework

In order to correctly write a claim, you need to familiarize yourself with the legislation of the Russian Federation. Several legal acts address quality issues. First of all, this is the Law on the Protection of Consumer Rights and Civil Code RF, and the procedure for claims pre-trial settlement described in the Civil Procedure Code of the Russian Federation.

Buyer's rights

If you find significant defects in the product, you have the right:

  • replace it with a similar one;
  • replace it with a similar product (with an additional payment or a refund of part of the money);
  • demand a price reduction (if you do not mind using the product, and the shortcomings are insignificant or can be eliminated);
  • demand that the seller eliminate the defects himself or reimburse the costs of repairs carried out by you;
  • cancel the purchase and request a full refund.

Request form

A claim regarding the quality of a product cannot be expressed orally; in any case, you will have to fill out certain papers. There are usually two options for filing a claim:

  • in the form of a statement developed by the store (issued at the point of sale, often used by large stores);
  • in the form of a claim from the buyer (free option).

The buyer's claim does not have a strict structure established by law, but there are some required details, which will need to be indicated in the document.

Whichever option you choose, the product quality claim must include the following information:

1. Seller details (name, address to manager, address).

2. Buyer’s details (full name, residential address, telephone number).

3. Essence of the claim:

  • Name of product;
  • when and where it was purchased;
  • defects and shortcomings identified during use;
  • buyer's requirement (in accordance with paragraph "Buyer's Rights" of this article);
  • if necessary, a condition for conducting an examination;
  • warning about possible consequences(for example, about going to court in case of refusal to satisfy the requirements);
  • preferably - references to legal norms.

At the end there is a date and signature.

The claim must be accompanied by documents confirming the purchase, and if available, evidence of the existence of defects, defects and deficiencies.

Complaint regarding product quality - sample filling

So, let's make a simple claim for returning goods. Please note that this example is for returning a normal, non-technical item.

General Director of the Home Appliances store

(Individual entrepreneur Ivan Ivanovich Ivanov)

Moscow, st. Moskovskaya, 1

from Petrov Petr Petrovich

Moscow, st. Moskovskaya-2, 1 apt. 1

tel. 8928 888 88 88

Claim (statement)

Me, Petrov Petrovich, in your store “Home Appliances”, located at: Moscow, st. Moskovskaya, 1, on January 12, 2014, a multicooker "Redmond M110" was purchased, serial number 888-888-88.

After connecting to the network, the multicooker worked for about half an hour, after which there was a click and it turned off. Having difficulty opening the lid of the appliance, I discovered that the food had not even warmed up, that is, in fact, the multicooker had not been working all this time.

Thus, I believe that the product was initially technically faulty and I ask you:

Option 1: Replace the product with a similar one, but in working order.

Option 2: Carry out repairs at your expense and eliminate the identified deficiencies.

Option 3: Return the amount of 8,888 rubles. and pick up the defective product.

If you decide to carry out an examination of the product, please notify me of the time of the examination and the place where it will be carried out.

In addition, please inform me of the decision on my request within 10 days from the date of delivery (in accordance with Article 22 of the Consumer Rights Protection Law) of this claim.

Attached is a copy of the sales receipt dated January 12, 2014 in the amount of 8,888 rubles and a copy of the warranty card.

If my demands are not met, I reserve the right to go to court with a claim to protect my violated rights and compensation moral damage. In addition, I will be forced to contact lawyers and all costs and legal fees will be charged to you.

01/05/2014 signature

As you can see, this is not a very complicated document - a claim for the quality of the goods. The example shows that it is enough to simply clearly understand what you ultimately want to receive from the seller.

The document must be provided to the seller in 2 copies, on one of them the employees must put a mark of acceptance indicating the date of receipt. If you decide to send a claim by mail, send it by registered mail with an inventory and notification, so that you have both a mailing receipt and a notification of delivery (non-delivery).

If your claim was refused on the spot, you can invite two witnesses and record on both copies the fact that the seller did not want to accept the document. In addition to this fact, you should indicate the full name of the witnesses, their addresses and contact numbers, after which one copy must be left in the store (with the indication “left at the checkout”), and the second will serve as your evidence in court.

A claim for the quality of goods under a supply contract is drawn up in the same way, but it is accompanied not by a store receipt, but by a delivery note and the contract itself.

Mandatory claim work

If you are denied a solution to your problem, you have the right to go to court. But you must remember that if you have not submitted a claim regarding the quality of the goods to the supplier or seller, the court has the right to refuse the claim. This is due to the fact that pre-trial, peaceful resolution of the dispute is prerequisite for questions related to products and services.

Even if the supplier or seller no longer works at the specified location or does not accept your claim, at the trial you will be required to provide documents that will confirm the fact that you tried to contact him about the defective product. Such documents may be postal receipts (an attempt to send a claim), witness statements, etc.

In addition, the claim settlement of the case will be important evidence in your favor, and the chances of winning the trial will be much greater.

Download the product quality complaint form

Situations often occur when an organization, upon receiving goods from a supplier, discovers various kinds of violations. An organization is faced with the question of how to write a claim for a product to a supplier correctly. In the article you will find some recommendations on this matter, and you can download a sample claim for the product.

An organization, when receiving goods from a supplier, must check the compliance of the received values ​​with the documents accompanying the delivery (bill of lading, delivery note, invoice, etc.). If, during the process of reconciliation and recalculation of goods, shortages, surpluses, defects, packaging violations and, in general, goods are found poor quality, then the recipient organization can return the received product or demand its replacement.

You can express your demand in a document such as a claim for goods (for the return of goods) to the supplier. This document is attached to the statement of discrepancies in quantity and quality, drawn up when any inconsistencies and violations are identified. A sample act can be found in the article:.

Here we will consider the claim in more detail.

The claim, together with the discrepancy report, is sent to the supplier, who already makes his decision. You can read more about returning goods.

Sample claim for returning goods to the supplier

There is no document for this unified form, therefore, the purchasing organization itself develops the text for the claim; it is written in any form.

But despite the free form of the claim, it must nevertheless contain all the necessary details.

The date of compilation and the name of the purchasing organization must be indicated.

The text of the claim must contain detailed characteristics of the goods received, and all identified violations must be described. Rely on in this case you need to submit a statement of discrepancy; the number and date of the statement must be indicated in the text of the claim.

Your requirements must be stated clearly and clearly so that there is no ambiguity.

It would be good if you also indicate the articles of legislation on which you rely, requiring this or that action on the part of the supplier.

The claim for the goods is signed by members of the commission that identified defects and inconsistencies, including the head of the organization.

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 complaint correspondence is an integral part of the procurement process, which is why the responsible person in this case is the procurement specialist of this organization, but in no case 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 the 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 who accepted the claim is obliged to satisfy the applicant’s demands in deadlines. 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:

  1. The act (form No. TORG-2) is used in the case when products from a Russian manufacturer were supplied.
  2. The act (form No. TORG-3) is used in the case when imported products were delivered.
  3. 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. In the event that you still have not received any action from the seller, you have the right to appeal statement of claim to 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.