How to make a claim for poor-quality service provision. Claint provider Sample Claims for poor-quality equipment

Documents containing the requirements for the other side of the transaction or damage causer are called complaints. This section contains examples of the most common in civil circulation of documents of this type. Taking advantage of examples and information to them, make a claim independently wage. In addition, the site has the opportunity to ask a question a lawyer to adapt the published example of a claim for a specific situation.

Types of claims

To draw up complaints, probably accounted for each of us. Most often, this consumer claims, the requirements of which are associated with the action of the Consumer Rights Protection Act. We placed not only a general example of a consumer claims, but also separate types of such a document: a claim to eliminate deficiencies, on the return of goods, on the return of funds, etc. The submission of the consumer's claim is obligatory to appeal to the court with a claim to protect the consumer's rights.

Another types of mandatory claim are claims to change the contract and on the termination of the contract. This applies to any contracts as concluded with individuals and legal ones.

Examples of claims on individual agreements are given: purchase and sale, contract, lease, loan (claims on receipt). In each article, it is necessarily indicated whether the compilation of the claim in this case is mandatory or is simply a recommendatory.

Separate types of claims are a claim for damages (before filing a claim for damages in an accident, from the bay of the apartment, etc.). The base of their filing is not a transaction, but the action, the consequence of which the damage was caused.

Claim as evidence in civil case

When the obligation of the reference direction is directly provided by law, submitting a claim without providing evidence of the reference direction will lead to the return of the claim. And then the plaintiff will be forced to first send a claim and only then re-apply to the court.

Often the complaint procedure for resolving the dispute is provided for by the agreement itself. Although, as a claim, any correspondence containing the requirements and allowing to establish, on the basis of which (contracts, actions, etc.), such a letter was sent, we recommend to compile a pre-trial claim in such cases.

Samples and examples of claims

On the site you can download samples of claims for the most common legal relations. In addition, examples of complaints are given for specific life situations and gave recommendations for their proper compilation.

Letter-claim (or otherwise a letter-advertising) is the type of business correspondence, which is used in cases where one side of the contractual relationship in writing expresses the other Party to the quality of the fulfillment of obligations or informs about their absence.

As a rule, the written claim is preceded by oral negotiations (personal or by telephone), which have not been faced expected effect.

Regardless of whether preliminary negotiations were conducted or not, a written claim is the most correct way to solve the problem situation. This is due to the fact that it is immediately from the moment of creation, it acquires evidential legal force, as well as in most cases, it allows you to cope with the question of the shortest possible time.

Files

Who instruct writing letters

In enterprises and in organizations, the Function on writing-complaints will most often lie on the legal adviser, the head of the department, the interests of which are directly affected or, significantly less often, secretary or personally by the company's head. At the same time, the most important condition is that the letter's compiler also had an idea of \u200b\u200bcivil and legal relations and other norms of the legislation of the Russian Federation and knew how to competently use them when writing complaints.

Rules for making a letter

The letter of claim does not have a standard unified sample, mandatory for use. It can be compiled in a free form or on the enterprise developed within the enterprise. Nevertheless, there are a number of rules that, in any case, must be observed in the process of writing it.

The letter of claim should always include

  • information about the sender and the addressee (if it comes to legal entities, it is necessary to indicate their full names, as well as to the addressee, is the position and name of the person for which it is intended);
  • the reasons for writing it with reference to the points of the contract, laws, etc. The norms that were violated;
  • possible ways to solve problems and sanctions (also in accordance with the legislation of the Russian Federation), which may occur for the addressee in case of inaction.

If there are some amounts and deadlines in the letter, they need to be inscribed in both numbers and in words.

If there are any additional evidence, they can be added to the letter in the form of applications (these can be checks, receipts, additional states, photos, links to video files, etc.). At the same time, in the letter itself, it is necessary to reflect the facts of applications, indicating their quantity and, if they are written - numbers of pages (for each one separately).

You can write a letter of claim both by hand and in print form, but regardless of which path will be preferable, the message should be assured by the "live" autograph manager. At the same time, it is not necessary to put the prints on it on it (enterprises and organizations from the beginning of 2016 are exempt from the obligation to stamp documents).

The instances of the letter of claim may be as much as required, there are no restrictions here, but they must all be certified.

The letter must be registered in the outgoing documentation log.

An example of a complaint letter

Filling the header of the letter

At the top of the document indicates the sender, i.e. In the right lines, the full name of the enterprise is written (in accordance with registration papers), address and telephone for communication. Further fits the recipient: its name and a specific person to which the appeal is directly related to (position, surname, name and patronymic).

Then the date of writing the letter and its number on internal document flow, and the name of the document is written with a short designation of its meaning (for example, "On violation under the supply contract").

Filling the main part of the letter of claim

This section follows a descriptive part.

  1. First, you need to specify the reason for the compilation of the claim and if it is a violation of the contract, an agreement or any other document, then it is necessary to give a link on it, i.e. Enter his date, number and essence.
  2. If we are talking about money, you need to specify both numbers and in words.
  3. Then the claim text should be formulated (when there are several problems, they should be made by individual items) and suggest to fulfill their obligations within specific terms (also in numbers and in words).
  4. Finally, it is necessary to describe the actions that the sender is ready to take for a more cardinal method of solving a problem (for example, an appeal to the court).
  5. At the end, the letter must be signed, with a decoding of signature and an indication of the position of the signatory.

How to send a letter

Letter-claim can be sent in several ways.

  • Email;
  • fax;
  • post of Russia.

The most simple and rapid options are via email or fax. But the most reliable way is conservative sending through Russian Post. It is interesting to the fact that it makes it possible to transfer the message by registered letter with a notice of the presentation, which in turn will indicate that the recipient is guaranteed to receive it. The minus here is also quite obvious - with this method you need to have a time of time. The most efficient will be combined with two options: for example, sending copies of the letter through the usual and email.

What to do after writing a letter

The letter of claim requires a response, and the various development of events is possible: the satisfaction of claims in full, in part, as well as a complete refusal to satisfy them. As a rule, the answer itself is also written in nature, in the form of a separate letter or resolution imposed by the head of the addressee on the claim received.

In cases where there is no answer, you should wait at least 30 days, and then file a lawsuit on a court or a complaint to the supervisory instance.

Letter-Claim for Refund Cash

When composed

Written request to return previously paid funds is appropriate when this problem failed to solve with direct circulation. This may occur if one of the parties is not fully or incorrectly fulfilled the obligations assumed under the contract. Most often, this situation is observed in dissatisfaction with the quality of the purchased goods. When the consumer wants to return it and get his money back.

Writing writing-claims must if the dissatisfied buyer plans to seek the protection of his rights to court. For this instance, fixation of the fact that the claim was first tried to resolve in a pretrial order, but the procedure for consideration was violated or a request was not satisfied.

Writing rules

The letter of claim is compiled in arbitrary form, but in compliance with the basic rules of office work. And since this document can be submitted to the court, some details should be taken into account that will make it legally relevant, and in non-compliance may deprive such status. These include:

  • claims of the claim - persons, including legal, violating the right of the submitter;
  • information about the applicant, including contact details;
  • the essence of the claim;
  • personal signature of the submitter;
  • date of paper compiling.

How to formulate a claim

Describing the actual situation that led to the request for the return of money, it is worth adhere to such recommendations.

  1. Date of concluding a contract (purchase of goods).
  2. The main responsibilities of the parties under the contract.
  3. Which of these duties were violated.
  4. Requirement claim for funds return.
  5. Terms of execution requirement.
  6. Measures that the applicant intends to take at the dissatisfaction of his request.

IMPORTANT! Write a letter of claim in two copies. Try to get on the second hand level (for personal feed).

Individual entrepreneur
Resbudsky Anton Mikhailovich,
Legal address: 426046, Izhevsk,
ul. Pervomayskaya, d. 18
from Dranvoy Larisa Anatolyevna,
residing at:
426024, Izhevsk, Prospect Victory, d 12, square. 85.

Claim for money refund

Mean, L.A. Dobronravoy (hereinafter referred to as the buyer), and IP Resbudsky A.M. (Further Seller) 05/12/2017 Agreement No. P9N125467 was concluded, according to the terms of which the Seller had to transfer a chest of drawers with a changing table "Agapyushka" to the buyer, and the buyer pledged to pay the price of goods.

The obligations of the buyer were fully fulfilled when ordering the goods 05/12/2017. The seller was executed deadlines for the delivery of goods, but when it, it was revealed that the chest of characteristics did not correspond to the sample provided. The facades of the chest are made not from painted, but from film MDF, dimensions do not coincide with the declared, the changing table is covered with another material. All this does not comply with the requirements established by Art. 469 of the Civil Code of the Russian Federation and Art. 4 of the Law "On Protection of Consumer Rights" - when selling goods on a model or description, the seller is obliged to transfer the goods that correspond to this sample or description.

In accordance with Art. 18 of the Consumer Protection Act, the buyer has the right to return the goods that does not correspond to the sample, and demand to return the amount paid for it.

Based on the foregoing, requiring this claim during the ten-day period from the date of receipt of this claim, to return the funds paid by him for a chest of drawers with a changing table "Agafyushka", in accordance with the discharged receipt. Otherwise, the buyer will appeal to the court with a statement about protecting the rights of consumer, pay the penalty and compensation for moral damage.

13. 05. 2017 / Dobronravova / L.A. Dobronravov

Letter-complaint about the non-compliance of the terms of the contract

When this document is required

If the partner fulfilled his obligations under the Agreement inappropriately or at all did not fulfill what guaranteed, the right of the infringent side can protect the court. But before you contact there, you need to try to resolve the problem in order. For some complaints, the compilation of the letter is a mandatory step before submitting the claim.

Claim letter

Create a claim follows from the usual requirements for this kind of documents.

  1. "Cap" - information about the disposal: a physical or legal person who violated contractual obligations.
  2. The submitter data.
  3. Document's name.
  4. Details of the contract, the conditions of which are not fulfilled.
  5. Listing violated obligations.
  6. The results to which the failure was led.
  7. Terms of correction of violations.
  8. Additional information, if necessary.

IMPORTANT! From the letter should be clearly clear to what kind of facts are the claim that you need to make a recipient to correct the situation, and in what time frame.

to CEO
LLC "Pure clothes"
Perezovna Peter NikolaVevich,
Legal address: 440000, Penza,
ul. Kirov, d.23.
from Petrakov Antonina Vitalevna,
residing at:
440000, Penza, ul. Kirov, d.28.

On June 29, 2017, the year between A.V. Petrakovskaya (Customer) and LLC "Net Clothing" (performer) was concluded agreement No. P7N 174836 on the provision of a chemical cleaning of female sheep.

According to clause 4.2 and 4.3 of the aforementioned contract, the Contractor pledged on July 2, 2017 to produce chemical cleaning and sewing buttons to female covers, and the customer, according to paragraph 5.1, pledged to pay these services on the fact of returning things.

  • the service in dry cleaning of the coat is not provided;
  • buttons to the coat are not sewn;
  • the thing is not returned to the customer.

Based on Art. The 450 Civil Code of the Russian Federation, at the request of one of the parties, the contract may be changed or terminated with a significant violation of the contract with the other party. Due to a significant violation of the terms of the contract, the Customer suffered the detriment, since he could not take a thing with himself to the planned trip.

Based on the foregoing, I require:

  1. Immediately eliminate the violation of the conditions, providing a service prescribed in the text of the contract.
  2. Inform the customer as soon as the violation is eliminated.
  3. In accordance with paragraph 6.1 of the Agreement, to pay the customer a penalty in the amount of 10% of the cost of work for each day of delay.

In case of ignoring the requirements of the customer within 10 days from the date of claims, it will be forced to terminate the contract and to protect his rights and legitimate interests to apply to a lawsuit against the court, where in addition to the return of funds, will require the recovery of court expenses, the cost of paying for state fees .

Letter-Claim on debt repayment

When such a letter is drawn up

Reasons for writing a letter demanding to repay the resulting debt may be several:

  • violation of the terms of payment specified in the contract;
  • credit for a loan.

The direction of the claim letter is obligatory if it is planned to submit a claim for the recovery of debt into compulsory. Without an attempt to pre-trial settlement, which this document testifies, the claim will not be satisfied, and may not even be considered.

Features of compilation

The structure of the claim letter is usual, and the content is made in free form with compulsory references to violated deadlines and the amount of payment under the contract. The nuances vary depending on the type of contract:

  • purchase and sale;
  • rent;
  • work agreement;
  • shipping;
  • storage;
  • provision of services;
  • other.

It is desirable to refer to legislative acts that were disturbed. Be sure to indicate the deadlines during which the counterparty agrees to accept funds in the payment of debt without a penalty (or with the specified penalty), not referring to the court.

Calician Konstantin Petrovich,
living at:
300971, Tula, ul. Puzakova, d.71, kV.19
From LLC "LCK-Service",
legal address:
300971, Tula, ul. Puzakova, D.70.

Claim letter
On payment of debt

LLC "ZHKH-SERVIS" puts you by the fact that you are listed for paying housing and utilities in the amount of 482 rubles. 78 cop., Which was formed as of October 1, 2016. We notify you about the need for a week from the date of receipt of this letter to pay the specified debt.

If the requirement of payment is not fulfilled at a specified period, the water supply to your apartment will be limited, and later discontinued, the re-connection will be paid, in accordance with the Government Decree No. 354 of May 06, 2011, Section 11. In case of non-payment of debt collection will be solved in court.

We remind you that in accordance with Article 155, paragraph 1 of the residential premises and utilities are made monthly to the 10th day of the month following the past month. In the case of untimely payment, penalties will be accrued (Article 155 of paragraph 14 of the Housing Code of the Russian Federation). To repay the debt and the reasons for its education, we ask you to appear in housing and communal services at: 300971, Tula, ul. Puzakova, D.70.

03.10.2016 General Director of LCK-Service LLC / Terentyev / V.V.Tegenev

Letter-Claims on poor quality

In what cases is drawn up

The letter of claim of the improper quality of goods can be sent to such a recipient:

  • supplier in case of delivery of goods, the quality of not relevant to the contract;
  • organizations selling goods inappropriate quality to the final consumer.

Most of these documents are sent just in accordance with the protection of consumer rights.

Which result is calculated by a claim letter

In this kind of documents, it is always taken to indicate what the letter submitter is calculated in relation to the addressee. If we are talking about the inadequate quality of the purchased product, then, depending on the specific situation, the letter of the letter has a choice that must be voiced in the document:

  • replace poor-quality goods to another similar, but good quality;
  • replace the spoiled goods on the same, but another brand or article (by agreement, with extra charge or without);
  • reduce the price paid for the goods, in proportion to defects;
  • free to fix the shortcomings incompatible with the quality of the goods;
  • pay the elimination of defects in the product, performed by a consumer or third-party person;
  • return all the money that were paid for the goods, returning it to the seller (return spending lay on the seller).

IMPORTANT! It is necessary to comply with the deadlines for submitting a claim letter - to meet the requirements there are certain temporary frameworks.

Additional nuances

In addition to the voiced claim, which is allowed by the Law on the Protection of Consumer Rights, and ordinary details. Mandatory for business correspondence, in writing-claims on poor-quality goods must contain confirmation. They can be in the form of documents of documents indicating the fact of payment for goods and inconsistency in quality. They can be:

  • copies of the check, receipt;
  • technical passport for long-term goods (copy);
  • copy of warranty card for repairs;
  • act on the examination of technically complex goods, etc.

Head of Mirandolina LLC
Svvenkovsky P.R.,
Legal address: 410 620, Saratov, ul. Chekhov, 91.
from Navy, L.Yu., residing by:
410 021, Sratov, ul. Potacina, d.26, sq.60,
Tel. 427-06-18.

CLAIM

09/08/2017 I was purchased in your company SAMSUNG GALAXY J5 PRIME SM-G570F smartphone with a $ 12,990 rubles (cash receipter). According to the accompanying guarantee coupon, the smartphone extends a warranty for a period of 12 months.

According to Art. 4 of the Law of the Russian Federation "On the Protection of Consumer Rights", the goods transmitted by the Buyer to the Seller must be of good quality, and by virtue of Art. The 10th Law The Seller is obliged to promptly provide the Buyer with full reliable information about the product, which will ensure the opportunity to make the right choice. In accordance with Art. 8 of the Law of the Russian Federation "On Consumer Protection" information is provided in Russian. In violation of the above rules, all information about the smartphone was exclusively in a foreign language, which, by virtue of direct indication of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 1994. No. 7 "On the practice of consideration by courts of cases of consumer protection" (as amended on May 11, 2007) can be considered as a lack of necessary information.

Four days later, the phone was faced: after trying to connect to the mobile Internet there is a failure, the phone does not call calls, it is necessary to reboot it.

Based on Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights", paragraph 27 of the rules for the sale of individual types of goods The buyer who bought goods of inappropriate quality has the right to submit a claim and ask for the return of money paid for it, as well as compensate for all losses caused by selling goods not . The same consumer claims have the right to present in the event that he was not provided with the necessary information about the product (Article 12 of the Law of the Russian Federation "On the Protection of Consumer Rights").

In accordance with Art. 22 of the law The requirement for the return of funds paid for the goods, as well as the reimbursement of damages should not be no later than 10 days from the date of receipt of the letter of claim. For late satisfaction of this requirement of Art. 23 of the law provides a penalty in the amount of 1% of the cost of goods for every day of delay.

Without providing me with the information provided for by law on the product, selling the poor-quality goods, you violated my consumer rights, and therefore I had to ask for legal assistance and pay for the service to compile a present letter of claim in the amount of 500 rubles (supporting document - the receipt of the lawyer "Dated 11/17/2017)

Taking into account the above circumstances, guided by Art. 4, 8, 10, 12, 18, 22 of the Law of the Russian Federation "On Protection of Consumer Rights", I refuse to fulfill my obligations under the sale contract and demand:

  1. Not later than in 10 days, returning me paid money for the goods of inappropriate quality - the smartphone Samsung Galaxy J5 Prime SM-G570F in the amount of 12 990 rubles.
  2. Compensate for me the costs (losses) caused by the appeal for legal assistance in the amount of 500 rubles.

In the case of leaving my legal requirement without attention, I have the right to apply with the lawsuage to the court, where I will require compensation not only to material costs, but also moral damage, as well as the recovery of the penalty for the delay in the satisfaction of the legal requirement of the consumer.

11/18/2017 / Navy / L.Yu. Nastochechenko

Letter-complaints about disruptions

Features of this type of complaint letter

In fact, a claim for a violation of the delivery time refers to one of the varieties of complaints about the violation of the terms of the contract. Delivery time is one of the substantial obligations prescribed in the contract. Therefore, his violation is a reason for appealing in writing preceding the application to court. Such a letter can be directed both from an individual and from the organization.

What must be kept in the letter

This document is a form of business correspondence, therefore must contain mandatory details:

  • recipient data;
  • information about the sender;
  • the name of the document is a claim under the supply contract;
  • the essence of the claim is a violation of the delivery time - with reference to the provisions of the contract;
  • signature of the general director and / or head of the legal department, printing an organization;
  • applications are a mandatory component of such a letter, they contain copies of all official papers on which there are instructions in the text claim (contract, payment order, invoice, etc.).

In LLC "Discuss"
legal address:
109341, Moscow, ul. Novomarianskaya, d.3
From IP Lukomor E.F., Legal address:
109456, Moscow, ul. Baikal. 78, square. 12

CLAIM

March 22, 2017 IP Lukomor E.F. (Buyer) and Discuss LLC (Seller) have concluded a contract for the transfer of 10 sets of leather car covers with a total value of 45,000 rubles. With pre-payment.

Under the terms of the contract (clause 3.2), the buyer made a prepayment in the amount of 50% of the cost (twenty-two thousand five hundred rubles). The term under the contract, when the seller had to deliver the goods to the buyer, - March 30, 2017.

From the Seller's condition, the terms of the contract were not fulfilled in regard to the deadlines for the transfer of goods, for which the prepayment was made: as of April 5, 2017, the goods were not delivered.

According to Art.23.1 of the Law of the Russian Federation "On the protection of consumer rights, in a situation where the seller who was paid by the amount of prepayment for the goods in the amount determined by the contract, did not fulfill the obligation to transfer the goods to the buyer on time, also established in the contract, the consumer has the right to demand performing one of two options in your choice:

  • receiving the goods before the expiration of the new term established by the Buyer;
  • return of the full amount of the prepayment for the goods received by the seller who did not pass the goods on time.

Based on the foregoing and in accordance with Article 23.1 of the Law, I require:

  1. Deliver 10 sets of leather car covers within a week period from the date of receipt of this complaint.
  2. According to paragraph 4.4 of the contract, to pay a penalty for the violated terms of the transfer of goods with a prepayment at the rate of 1% of the preliminary payment for each day of delay.

Please answer this claim in writing on time defined by the current legislation.

I warn that if my legitimate requirements are ignored, I will be forced to apply to the lawsuit in the judicial instance.

The law is not initially on the side of the buyer or the seller, but provides both parties the opportunity to protect their rights and interests in the procedure established by regulatory acts. For the buyer, such an opportunity is enshrined:

  • Article 18 of the Law "On Protection of Consumer Rights" - the right of the exchange, warranty repair, full refund of the purchased thing ago with the compensation of funds paid for it, compensation for damage caused;
  • Article 309 of the Civil Code of the Russian Federation, which says that the seller has no right to refuse its obligations and must comply with the requirements of the law.

Even when there is no check, issued by the store, this is not the reason to refuse to refund money. But instead of a check, the buyer should have another document that confirms the fact and purchase price, for example, a warranty card.

In any case, it is necessary to contact the seller in writing and in the prescribed manner. Sample claims for poor-quality goods and the main features of their submission in the article further.

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What product is considered low-quality

The reasons for the expression of discontent for the acquired thing:

The goods of improper quality returned to the store can be the transfer of claim (sample further in the article) during the first 14 days after the purchase, on the fact of the warranty period or for two years, if the seller did not give a warranty on the thing for which it is provided.

Using any sample claim, you must be prepared for the fact that the seller has the right to send a thing to the expertise to check the quality of the goods and reveal the cause of the shortcomings if it is not visible during visual inspection.

How to make a claim to the seller

If you competently compile a complaint about the empty-quality product you have, this in most cases allows you to settle the situation without such measures as an appeal to the court with a suit on the seller. With the help of the sample selected in the article, you can independently arrange a claim statement in an appropriate order, but it is important to consider the key requirements for this document:

  • Written a statement on a pure white sheet of A4 format;
  • Writing from hand or submitting an application in printed form;
  • In the header they write full seller data, as well as the information about the applicant;
  • The brief content of the appeal is attributed to the document name, according to the typical form "Claim for poor-quality goods", the sample of which is in the article below;
  • The text of the document must be issued as a standard business letter - to describe the situation in the chronological sequence, without ambiguity, threats, insults, abnormative vocabulary and incomprehensible abbreviations;
  • All the fact that you provide, as well as the requirements must be confirmed by the relevant legislative acts and documents that you prepare before you write a claim for poor-quality goods using a sample;
  • The list of accompanying papers, the date and signature to the end of the document are mandatory.

In the text, the claim should be described, which deficiencies have been identified when and under what circumstances. If you are not sure how to make a comprehensive letter, even looking at the sample, it is better to immediately consult from a profile lawyer. You can also pre-test the poor-quality goods in the service center, applying to the application the resulting act with inspection results.

The application is drawn up in two copies - one you give the shop administration (seller), and the second leave, asking him to put a mark on it in the store that the complaint was adopted. This second instance will be useful to you if the dispute has to be solved in court.

What other documents to attach

Before making a complaint about poor-quality goods, using one of the samples given in the article, it is necessary to prepare documents that will be attached to this application.

Attached documents
Confirmation of purchase and payment of goods The main document is a cash or commercial check.

If it is missing, instead you can make an appointed warranty card, invoice, receipt for a receipt order, decorated technical transport, instructions for use with store marks or other document in which there is a mark about where, when and for what price you have done Purchase.

Any of the above documents must be signed by the seller and contain the name of the legal entity.

If you do not have documents or they are not properly decorated, it is allowed to attract witnesses that can confirm the fact of purchase, or even an entry from the camcorder.

In addition, confirm your words can be a packaging of a product or any container in which he was transferred to you if there is a mark on the acquisition, the logo of the seller.
Warranty coupon We are needed if you are referred to a claim statement after the expiration of a two-week time from the date of purchase, but during the warranty period.
Copy of a document certifying personality It is often necessary to the seller, but the law is not approved by this requirement, so you do not have the right to refuse to accept the application if you have not provided, for example, a copy of your passport.
An act of inspection from the service center, receipt of payment of its services Not necessarily, but if you have passed the thing to repair, especially repeatedly, you should attach all the papers that confirm this fact and your expenses.

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How to give a claim and how much to wait for an answer

The claim to the seller of poor-quality goods written on the model below can be submitted personally by appearing at the same store where the purchase was made. It should be a store on the same address, where the goods were purchased, even if we were talking about a trading network and similar stores in the city of several. A claim letter is awarded to a personally authorized person who can act as an administrator of a store or legal entity lawyer (owner). Personally, you are unlikely to serve as a manager, according to the law, it is not obliged to engage in complaints, for this, there are authorized employees for this.

With personal feeding of the complaint, make sure that you put a mark on your second copy that the application is made. There must be a signature of an employee who adopted a statement, his last name, name, patronymic fully and position, date of adoption, as well as the printing of the store.

It is allowed to send a claim letter by Russian Post or the courier service under the recipient's signature. In any case, your hands should remain documentary confirmation that the claim was aimed at what it was, which was attached to her.

Duration of giving response to a claim letter depends on the issued requirements:

  • Exchange for a similar acquisition - 7 days;
  • Exchange for a good analogue of the model, if it is not available and you need to wait for delivery from another city - 20 days;
  • Getting money back - 10 days;
  • Repair for free - no more than 45 days.

If the document does not accept

In practice, there are cases when the claim is written according to the sample correctly, all the necessary documents were prepared, the terms of treatment are complied, but the seller refuses to accept an application for poor-quality goods. At the same time, since 2017, it is impossible to turn with a complaint to higher structures, if you did not contact the seller before that, you should have a documentary confirmation.

The best way out of this situation is to send a complaint regulator by mail, with the description of all investments and the reverse notice of receipt. Having an instance of the claim, the back notice, the receipt of sending in the future can be applied to the court.

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If the consumer does not suit the result

In the case when the complaint received and adopted by the seller, the quality of the goods acquired from him was not fully satisfied or not satisfied at all, using the same sample can be submitted to:

Samples of claims for poor-quality goods

An example of a claim for purchased poor-quality goods in a standard situation:

Director. (shop name, legal entity)

(full address of the location)

From (Your surname, name, patronymic) ,

Residing at:

______________________________

Tel. For communication: __________________

Claim about the return of poor quality goods

"___" _______ 20___ year in your store I purchased a smartphone (model, serial number) Cost ___________ (and summing up) rubles, what is evidenced by the attached cash check. This product has a warranty period for 1 year.

The rules specified in the user instruction were not broken by me, but, after ____ days (months) After buying a smartphone, a substantial defect was discovered, namely _____________________________________________. I applied to the service center for repair, but after __________ the defect manifested itself.

In accordance with the above, as well as referring to the 18th article of ZozPP, I ask for the termination of the contract of sale and return to me the amount paid for me in full.

I applied to claims:

1 copy of the cash check.

2 Copy of warranty coupon.

3 Act of the Service Center for Repair.

"___" _______ 20___ year (applicant signature)

For other situations, with more pronounced individual nuances, you can take advantage of the following samples of claim statements:

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But in the main contract, the procedure for resolving claims and disagreements should be registered. The refund claim to the supplier is back prepared on the basis of an act on the discrepancies in the received product in the form of Torg-2, the reference to which must be in the text of the complaint. The rules for writing the complaint at least the law and does not provide for a strict form, the report of the complaint should be compiled with the following information: if the supplier does not respond to the stated requirements, taking into account their competent written design, it can be safely applied to the progress of their rights. Below is a typical form and a sample complaint with a version of which you can download for free. How to write a claim dealer to repair the car under warranty? The main thing is to be guided by law and competently state the essence of the problem.

Advertisement. Application, design, example

Advertising is the form of a document that is created as written claims by one party to the quality or deadlines to fulfill its obligations. For example, a person can be dissatisfied with product quality, which has received, its number, assortment or terms to which delivery was completed.
The complaint content in complaint usually contains grounds for discontent and requirements to correct the situation. For example:

  • replace the goods;
  • reduce the price due to real quality below the claimed;
  • to eliminate defects;
  • to pay damages;
  • compensate inconvenience;
  • establish a new term;
  • fix all errors and so on.

In all these cases, citizens or legal entities may comply with the complaint.

Claims for equipment

Consumer Protection Legislation provides the Buyer the right to abandon the purchase and sale contract, if the shortcomings of the goods were identified, which the parties did not agree, to demand the return of the cost of products and compensation for losses and losses. Civil legislation of the Russian Federation the basis for the return of goods provides its inconsistency with compulsory agreements on quality, assortment, completeness, in container and packaging.

Sample complaint supplier Blank

If we are talking about violations of consumer rights, the special law acting in this area establishes more compressed deadlines for an answer to the buyer's complaint - 10 days. For violation of the provisions provided by the law, the supplier will have to pay the consumer a penalty, or a penalty that makes one percent of the price of goods for every day of violation.
If despite penalties, the supplier has not fulfilled the requirements set forth in the complaint, or did not answer it at all, you are entitled to go to court with a claim for the protection of your rights.

How to write a complaint for faulty equipment

Claim for the delivery of equipment under the terms of the contract of delivery One Party - the Supplier - assumes the obligation to put a specific product in the time interval of the other side - the recipient. The agreement of this kind contains a number of conditions (the order of receiving and transmission of cargo, the form of calculations, etc.) more often the remaining providers violate the deadline point.
Before designing a deal, parties usually agree on certain sanctions arising from violation of obligations. These may be compensation in the form of cash fines or the return of money paid by the advance payment for not set by the time technical units.
In the event of a non-delivery, misuse or late delivery of technical products, the recipient has the right to send a claim to the supplier to supply equipment.

Business letters

Attention

In other cases, claims may be taken on time, similar to the limitation period (three years). It should be noted that the deadline for filing the complaint is quite often regulated by the contract or contract concluded between the two parties.

In case of violation of this item, the question of the claim can be resolved only in court. The rules for compiling today, this document has no mandatory for the use of a unified sample, so it can be drawn up in an arbitrary form or on the template developed within the enterprise and approved in its accounting policies.

Sample advertising on equipment

The specific requirements of the claim with a claim may be, for example: - Request for the replacement of poor quality goods with high-quality; - the requirement of the mark-up goods, the return of the amount paid; - the requirement of completing the missing amount of goods or the return of the amount paid for the missing number of goods; - requirement of increasing discounts with general The cost of goods; - the requirement of termination of the contract and compensation for damages due to the subractiveness of the contract. If the complaint cannot be resolved by the Agreement of the Parties, the dispute goes into arbitration, the solution of which is final and mandatory for both parties.

Reflamming on the sample supplier about poor-quality goods

  • ... increase the volume of supplies to cover the missing amount of products ...
  • ... provide us with an additional discount from the textured value of products ...
  • ... improve quality service ...
  • ... to ensure proper execution of the terms of the agreement ...
  • To present the content of sanctions:
  • In case of refusal to perform the requirements set forth in the complaint ...
  • In disagreement with our proposals regarding the content of claims to ...
  • If we cannot achieve mutual understanding in order to resolve this issue ...
  • Unnecessary delay in eliminating the claimed claims ...
  • Refusal to fulfill the obligations under the contract in connection with the claimed complaint ...
  • In case of evasion of measures to resolve the settlement of the issues reflected in the complaint ...
  • date and outgoing number;
  • complete name of the recipient's claim;
  • title of the document;
  • reference to the main contract by enshrine agreement of the parties, namely the supply agreement;
  • name of product;
  • its number;
  • reasons for the occurrence of claims;
  • evidence of such grounds;
  • the amount of claim for damages;
  • signature and printing organization.

Claims Advertising on Equipment

Important

They can serve as an act of acceptance of goods, commodity invoices and other documents. You can also refer to legislative acts in justifying your requirements.

The supplier's claim is signed by the director of a legal entity who has bought goods, as well as members of the Commission, if such occurred. You can send a registered letter with a notice that will serve as evidence of contacting the provider with a claim.
If the supplier does not respond to the stated requirements, taking into account their competent written design, then it can be safely applied to the protection of your rights.

Advertising - the name of the document under which the consumer's claim is hidden to the product provider and or service. The complaint is written in writing and is the basis for the adoption of measures leading to the elimination of identified deficiencies, defects, marriages, etc.

violations. Flying a blank form of a complaint .Decking a sample of filling out a complaint. DOC role of advertising This document allows the buyer of the goods or the recipient of the service to declare that they were provided in improper conditions. The claim may be compiled in quality, quantity, assortment, weight of any inventive material values, one-sided change of their value, delivery time, etc.
parameters.
Regardless of the situation, the claim for poor-quality equipment must contain the following information:

  • requisites of the seller (trading point) - the name of the company, address, position and phio of the head;
  • data on the applicant - FULL NAME, contacts;
  • description of the situation - when and where the technique acquired;
  • purchase characteristics - model, brand, article;
  • list of detected flaws of products;
  • request for the return of money indicating the actual cost of acquisition;
  • the method of receiving an answer from the store - by phone or by mail, including the answer with the results of the examination, the initiator of which the seller can perform;
  • signature and the date of compulsory.