Sample termination notice letter. Termination letter: sample and explanations. Termination notice sample

As a general rule, termination of the contract is possible by agreement of the parties, unless otherwise provided by the legislation of the Russian Federation or by the contract (Article 450 of the Civil Code of the Russian Federation). And in some cases, the contract can be terminated unilaterally. In this case, the initiator of the termination of the contract must notify the other party of their intentions.

Why do you need a letter of termination of the supply agreement

If the parties cannot peacefully come to an agreement on the termination of the contract, then the initiator of the termination has a chance to terminate the contract unilaterally through the courts. However, it must be understood that the court will terminate the contract in the event of a significant violation by one of the parties (clause 2 of article 450, clause 2.3 of article 523 of the Civil Code of the Russian Federation):

In addition, a claim for termination of the contract will be considered in court only if one of the conditions is met (clause 2 of article 452 of the Civil Code of the Russian Federation):

• or the initiator of the termination of the contract received a refusal from the other party to offer to terminate the contract;
• or the initiator of the termination of the contract did not receive a response at all to his letter with a proposal to terminate the contract. It is worth noting here that the term for the response is indicated in the contract, and in the absence of this term in the contract, the terms established by law are applied - 30 days.

Consequently, without sending a letter to the other party about termination of the contract, the initiator of the termination simply cannot then file a claim in court.

Letter of termination of the supply agreement (sample)

The letter of termination of the supply agreement is drawn up in any form, signed by the head of the organization that compiled this letter, and sealed with a seal (if any).

It makes sense in the letter to set a reasonable time frame in which you ask the seller / buyer to send you a written consent to terminate the contract or a written refusal. This will help you meet the requirements under which the court will consider a claim for termination of the contract (we mentioned these requirements above).

As for the methods of sending the letter, since such a letter may be needed to file a claim in court, you need to have confirmation that it was not only sent by you, but also received by the addressee. Therefore, it is best to either send it by mail with a list of attachments and a receipt acknowledgment, or hand it over against signature to the head (responsible person) of the organization - the second party to the contract. In the latter case, you will need two copies of the letter of termination of the supply agreement in order for the second copy with the receipt to remain with you.

Here is a sample letter of termination of the supply agreement.

Delivery contract- this is a document that is drawn up during the execution of a transaction, where one entity acts as a supplier of products, which undertakes to supply quality products within the time frame specified in this document. The second subject is the buyer, who is the recipient of the delivered products and undertakes to pay for it on time.

Notice of termination of the supply agreement- this is a document that is sent to the second party of the concluded agreement, which contains information about the reason for termination of the agreement.

Unilateral termination of the supply agreement

Very often, unilateral termination of an agreement means a waiver of one's obligations. Disclaimer is possible in partnership business, but only in cases provided for by law or if this fact is indicated in the contract. It is possible to terminate the agreement unilaterally only by going to court.

Why do you need a notice of termination of the supply agreement

When making a deal, a delivery contract is concluded. Termination of this type of contract has several options:

• At the end of the delivery contract;
• By decision of the judiciary;
• At the request of one side or mutually.

If one of the parties decided to terminate the supply contract, and she has the right to do so, as it is stipulated in the concluded contract, then she must inform the other party about it. If you do not notify the other party about the desire to terminate the supply agreement, it will be considered that the party itself decided not to fulfill the agreement, which may entail negative consequences.

Therefore, upon receipt, the second party must respond in writing to the termination of the supply agreement within thirty days, or within the period specified in the agreement, if the period is specified in the notification, then within the specified period. If the second party ignores and does not respond to the received notification, then the party that sent the notification has every right to go to court and terminate the contract unilaterally. This cannot be done right away, since you need to notify the second party from the beginning.

Article 782 of the Civil Code of the Russian Federation regulates the right to initiate termination of any agreement. However, the law says that one of the parties must incur losses, penalties and other material payments, if necessary.

The notice of termination of the supply contract is drawn up in two copies. One notification is sent from the party - the initiator, which wants to terminate the contract, and the second copy is sent to the second party to this contract.

When there is a cancellation of the supply contract unilaterally

The conclusion of the supply agreement, as well as all changes, additions and termination must be made in mutual agreement. There are several conditions stipulated by civil law, according to which a unilateral refusal to fulfill contractual obligations is possible.

According to civil law, such conditions may be:

• The contract itself contains a clause on unilateral termination of the contract;
• special norms of civil law (for example, termination of an agreement on mutual obligations for the provision of services is possible unilaterally by drawing up and sending a letter on termination of contractual obligations for the provision of services, a sample of which is presented above);
• one of the parties committed gross violations when fulfilling the terms of the supply agreement;
• the circumstances under which the contract was concluded have changed significantly.

The procedure for drawing up a notice of termination of the supply agreement unilaterally

Registration of the supplier's refusal to fulfill the supply agreement unilaterally is carried out in the following sequence:

• The supplier draws up a notice of termination of the supply contract unilaterally, in two copies, where it must obligatory indicate the reason for the termination of relations;
• One copy of the prepared notification is handed over to the representative of the counterparty personally, and it is imperative to receive a note from him that he received this notification. If it is not possible to deliver in person, you can send a certified letter via mail. If the notification is sent by mail, then the date of delivery will be considered the date of delivery - this is the date indicated on the postmark applied to the document;
• A terminated supply agreement unilaterally initiated by one of the parties, in accordance with paragraph 4 of Art. 523 of the Civil Code of the Russian Federation, is considered at the moment the second party receives the corresponding notification (provided that another period is not provided for by the provisions of a previously concluded agreement).

Sample preparation of a notice of termination of a supply agreement

The notification can be conditionally divided into five parts. And so it is necessary to fill in each part, consider in the form of a table:

Sample preparation of a notice of termination of a supply agreement

to CEO

LLC "Platan"

Kuznetsov Igor Petrovich

Moscow, st. Snezhnaya, 45, office 55

Notification

on termination of the supply agreement unilaterally

04/15/2020 between Platan LLC represented by General Director I.P. Kuznetsov. and LLC "Stroyproktom" represented by General Director Pitsyk E.N. a supply agreement No. 505 (hereinafter referred to as the Agreement) was concluded, the subject of which is the supply of building materials for a total amount of 700 thousand rubles.

According to clause 5 of the Agreement, Stroyproekt LLC may terminate it unilaterally if Platan LLC violates clause 3 of the Agreement.

According to clause 3 of the Agreement, Platan LLC assumed the obligation to pay the cost of the supplied building materials in full until 06/15/2020, however, the payment was not made within the specified period, which, in accordance with clause 5 of the Agreement, is a violation of it conditions.

Based on the foregoing, Stroyproekt LLC decided to terminate the supply agreement unilaterally and send a notification to Platan LLC.

General Director of LLC "Stroyproekt" Pitsyk E.N .: (signature)

Frequently asked Questions

Question No. 1 What is a notice of termination of the supply agreement?

Answer: The notice of termination of the supply agreement is a document that is sent to the second party to the concluded agreement, which contains information about the reason for the termination of the agreement.

Question No. 2 How can you send a notice of termination of the supply contract?

Answer: the notice of termination of the supply agreement can be sent in two ways: one way is to hand it personally to a representative of the counterparty, and the second way is to send the notice by registered mail.

Question No. 3 How long does it take for the second party, who received a notice of termination of the supply contract, to answer it?

Answer: The second party, upon receiving a notice of termination of the supply agreement, must respond within thirty days from the receipt of the notice, or within the time period, if specified, in the supply agreement itself, or within the time period specified in the notice itself.

Intractable problems may arise between the parties to the contractual relationship. When an agreement is concluded, the terms of its termination are prescribed in the text. If a situation has arisen when the only way out is to terminate the contract, the parties need to contact them. In this case, it is important that the interests of both parties are respected.

Features of the procedure

The termination process must be based on the relevant clauses as a legal instruction. It happens, however, that the terms of the agreement do not spell out the situation that has arisen and the procedure for its resolution. In this case, the parties should jointly work out the grounds according to which the contract will be terminated.

Once the participants reach a consensus, they draw up an agreement. This document must be completed in 2 copies. There is no special form for him. However, all the details of the parties must be indicated in it, there is a link to the original contract, the reason and procedure for termination are prescribed. The agreement must be signed and sealed by both parties.

Notification

There are situations when the participants cannot meet for discussion, or the termination of the contract occurs on the initiative of one party due to the failure of the other to fulfill its obligations. In such cases, notification is sent. The letter of termination of the contract for the provision of services or the supply of goods is written in 2 copies. The first is sent to the other party by registered mail with notification. The answer to it should come within a month.

The other party can accept the offer and agree to terminate the contract. In this case, the participants need to negotiate the terms of this procedure, draw up an agreement. If the other party did not give consent or did not respond at all to the request, you can go to court with your copy of the notification.

Termination letter: sample

There is no officially approved form for such a document. However, there are rules according to which a letter of termination of the contract is drawn up. The sample document includes:

• Name of the company that initiated the procedure, full name of the head, address, form of ownership. This information is indicated at the top in the left corner.
• Title of the document. This could be, for example, "Lease Termination Letter".

Further in the text, information is given about the parties to the transaction, the date when it was concluded, its subject. Referring to it, the initiator gives the reasons why he draws up a letter of termination of the contract. The sample document includes a description of the circumstances under which the procedure was initiated. A number, signature and seal are put at the end of the notification.

Violation of conditions

If a violation has occurred, you should not go to court right away. It is necessary to conduct a pre-trial settlement of the dispute. The letter of termination of the contract, a sample of which is presented in the article, must clearly reflect the claims and requirements of the applicant. In addition, it includes a warning about the likelihood of the case going to court. At the same time, emotional statements should be avoided. Experts recommend referring to Art. 779 Civil Code.

Claims for a letter of termination of the lease agreement from the tenant

Having received a notification from the initiator of the termination of the business relationship, the party has the right to disagree with the opinion of the other participant. It is advisable to write your answer in the same form as the letter of termination of the contract itself. The sample also includes the obligatory details of the author, the name of the document. The content indicates a specific point with which the party does not agree. A claim can be made if:

• termination of the contract is groundless;
• the terms of notification have been violated;
• the letter does not meet the general requirements for the preparation of such documents;
• the interests of the party are not taken into account.

When filing a claim, it is advisable to make references to the points of the notification itself. The text should quote the points on which there is disagreement. If necessary, you can cite the terms of the original contract as arguments. It is also necessary to draw up a claim in 2 copies. One is sent by mail. In order to avoid potential problems, you must send a certified letter with confirmation of receipt.

Conclusion

The issue of terminating the contract must be taken very seriously. It should not be forgotten that transactions involve gaining benefits. None of the participants wants to suffer losses. But if a situation has arisen that cannot be resolved within the framework of the agreement, then you need to competently carry out the procedure for terminating the contract, correctly draw up a letter. If this did not work out for one reason or another, you will have to defend your rights in court. All documents, letters, claims should be kept in order to present them when considering a dispute.

A selection of the most important documents on demand Notice of termination of the supply agreement(regulations, forms, articles, expert advice and much more).

Forms of documents

Arbitrage practice: Notice of termination of the supply contract

Open a document in your system ConsultantPlus:
Refusing to cancel the decision to bring the general director of the company to administrative responsibility, provided for in Part 1 of Art. 14.31 of the Code of Administrative Offenses of the Russian Federation, in particular, defining the general director of the company as the subject of responsibility, the arbitration courts reasonably proceeded from the fact that since the event of an administrative offense in this case is qualified as abuse of a dominant position, it cannot be reduced only to the actions of certain officials endowed with administrative and economic functions, since it requires the adoption of organizational and administrative decisions or assumptions on the part of the management of the company; Therefore, the fact that the head of the electricity sales section of the company signed a notice of termination of the contract for the sale (supply) of electrical energy (capacity) and a notice of the introduction of a complete restriction of the mode of consumption of electrical energy in itself cannot serve as a reason to believe that these actions were committed without the knowledge of the General Director , in spite of or outside of the good faith use by the site superintendent of official position.

Articles, comments, answers to questions: Notice of termination of the supply contract

If the contract does not specify the time for sampling the goods, the supplier is obliged to notify the buyer of the readiness of the goods for transfer. At the same time, to receive it, the buyer is given a reasonable time, before the expiration of which the goods must be in the supplier's warehouse (paragraph 2, clause 2 of article 510 of the Civil Code of the Russian Federation). If the supplier fails to fulfill this obligation, the buyer has the right to terminate the contract due to non-delivery of the goods (clause 1 of article 523, clause 2 of article 450 of the Civil Code of the Russian Federation).

The parties have the right to establish in the agreement the moment from which the agreement will be considered terminated in the event of a complete refusal from it or amended in the event of a unilateral change or partial refusal. This is permissible by virtue of the dispositive norms of clause 4 of Art. 523, paragraph 1 of Art. 450.1 of the Civil Code of the Russian Federation. So, you can specify that the contract will be considered terminated after a certain time after receipt of the notification by the counterparty.

Normative acts: Notice of termination of the supply contract

4. The supply agreement is considered amended or terminated from the moment one party receives the notification of the other party about the unilateral refusal to fulfill the contract in whole or in part, unless another term for termination or amendment of the contract is provided for in the notification or is not determined by agreement of the parties.

It is concluded by the parties on a voluntary basis for a specified period. If one of the parties to the contract wishes to terminate it early, then it is necessary to send a letter to the second counterparty to terminate the contract for the provision of services.

According to the general rule established in Article 450 of the Civil Code of the Russian Federation, one party cannot withdraw from the contract without good reason. Termination of the agreement by decision of only one of the parties is permissible through the court only in the following cases:

• In case of serious violations of the contract by another counterparty (violation of the terms, the provision of low-quality services or services not in full);
• On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.

Note! In Art. 450.1 of the Civil Code specifies that if a legislative act or an agreement provides for a cancellation of the contract by decision of one participant, then the moment of termination of the contract is the date the other counterparty receives a notice of termination of the contract.

Article 450 of the Civil Code of the Russian Federation "Grounds for amendment and termination of the contract" and 450.1 of the Civil Code of the Russian Federation "Cancellation of the contract (performance of the contract) or the exercise of rights under the contract"

The possibility of unilateral withdrawal from an agreement for the provision of services is provided for in a special rule that applies exclusively to contracts for the provision of various services for a fee. So, in Article 782 of the Civil Code of the Russian Federation it is enshrined that you can not apply to the court if:

• The contract is canceled by the customer who paid the contractor all the actual costs;
• A letter of withdrawal from the contract is submitted by the contractor, provided that he has reimbursed the customer for the losses incurred.

If the condition on repayment in connection with the execution of the contract on paid services of the contractor's expenses or the customer's losses is not met, the injured party has the right to appeal the unilateral decision to withdraw from the contract in court.

Can be terminated early

Agreement for the provision of services (medical, financial, legal), etc. is concluded for a certain period. Termination of the contract earlier than the established period is possible under the following circumstances:

• Failure to comply with the terms of the contract due to the fault of one of the participants;
• Circumstances have arisen that prevent further performance of the contract (for example, relocation, imposition of sanctions, closure of the supplier's company, etc.).

Note! Termination of the contract ahead of schedule can be made by mutual agreement of the parties, which is the most acceptable option for both the customer and the contractor.

You can cancel the contract ahead of schedule both before the start of the service, and in the process of receiving it. However, after the service has been provided, refusal is not permissible. Upon termination of the contract, the participants must compensate for the damage associated with the early cancellation of the contract.

If the parties have not reached a consensus, the agreement can be terminated before the expiration date unilaterally (on the basis of Article 782 of the Civil Code of the Russian Federation and the provisions of the agreement) or by filing a statement of claim in court (if the losses were not reimbursed voluntarily).

How to write correctly

To withdraw from the contract for the provision of services, the applicant must send a letter to the other party. After receiving the notification, the second participant must give an answer within 30 days.

The form of the letter of refusal of services is not approved at the legislative level, however, this document must contain the following information:

• The so-called heading is indicated in the right corner of A4 sheet: name and address of the applicant and recipient of the notification;
• In the middle of the sheet is written: "Notice", and on the line below it is specified: "On termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
• The text of the notification contains the details and the name of the contract that was concluded, the name of your organization (or the full name of an individual) and the name of the other party to the contract;
• Reference is made to the article of the law and / or the agreement, which is the basis for its cancellation;
• At the end, state your requirements or obligations. For example, if the customer submits the notice, it is indicated: "I undertake to pay (cover) all losses incurred in connection with the termination of the contract." If the termination of the contract is carried out due to the culpable actions of the other party, the applicant may demand the payment of fines, penalties, interest, which are provided for by the contract;
• The signature of the applicant, the seal of the company (if the notification is submitted by a legal entity) and the date of the document.

You can send a notification directly to the hands of the contractor or customer. In this case, it is advisable to print the letter in two copies and ask to sign the receipt of the letter on your copy.

It is also allowed to send a letter of withdrawal from the contract by mail, but always with a notice of receipt.

Important! The agreement is considered terminated not from the moment the letter is sent, but from the time when the representative of the customer or the contractor receives it.

In LLC "Precedent"

address: Moscow, Lesnaya st., 25, office, 34

phone: _____________

from Zarya CJSC

address: Moscow, Prospect Mira, 26, office, 15

telephone: ______________________________

NOTIFICATION

on unilateral cancellation of the contract for the provision of legal services

On June 20, 2016, between me, Aleksandr Viktorovich Semenov, director of ZOA Zorya, hereinafter referred to as the Customer, and Sergei Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Executor, concluded a legal services agreement No. 1, hereinafter referred to as the "Agreement". In accordance with clause 25 of the Agreement, in case of violation of the terms for the provision of legal services, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement of June 20, 2016 No. 1 on the basis of clause 1 of Art. 450.1, article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement, is considered terminated from the moment the Contractor receives this notification. We demand that the sum of 50 thousand 450 rubles (fifty thousand four hundred fifty rubles) be returned by 01.12.2016 for not provided legal services.

01.10.2016 Signature

When to go to court

Despite the fact that the Civil Code of the Russian Federation provides for the possibility of terminating the contract on the initiative of one party, the need to go to court may arise if the contractor or customer refuses to compensate for losses.

However, in order to have the power to go to court, you should first try to resolve the dispute out of court by filing a notice of termination of the contract and a claim for damages.

If the counterparty refuses to cover the material damage within the period specified in the letter, but no later than 30 days from the date of delivery of the notification, you can go to court, be sure to attach a copy of the notice of termination of the service agreement to the claim.