Currently, the supply contract has been widely used in business. It is regulated by the civil code and in accordance with it has the following definition - an agreement concluded between a supplier and a buyer who are engaged in entrepreneurial activity for the supply of goods on time. The conclusion of a supply contract can be made between individual entrepreneurs or organizations engaged in entrepreneurial activities.
The conclusion of a supply contract has the following specifics:
- The purpose is goods used in business activities;
- Specific subject composition;
- The document determines the period for the transfer of goods to the buyer;
- The date of execution of the contract and its conclusion, as a rule, do not coincide;
- Often in this way long-term relationships are formed, and delivery is carried out regularly by certain parties and at specified dates throughout the term of the contractual relationship;
- The supplier may conclude a supply contract in the absence of goods at the time of conclusion of the contract;
- The supplier may not have any rights to the goods being sold.
The execution of the supply contract is regulated in accordance with the conditions specified in this document, which gives the supplier and the buyer not only certain rights, but also a number of responsibilities. Relations of this nature are drawn up only in writing and should have a number of applications: a delivery schedule and a protocol for negotiating the value of goods sold.
The execution of the supply contract provides for the likelihood of short delivery and regulates it as follows: the supplier, which made short delivery in a certain period, is obliged to replenish the amount of undelivered goods in the subsequent period during the term of the specific contract. Thus, short deliveries of goods at certain times lead to the obligation of the supplier to compensate the buyer forfeit, but is not exempt from the need for additional delivery.
A claim under a supply contract is drawn up if there is a violation of the conditions on which this document was concluded. A claim under a supply contract may be sent by the affected party, which may be both the buyer and the seller. Significant violations by the buyer:
1. Regular, recurring violations in terms of payment;
2. Regular, repeated non-selection of goods.
Significant violations by the seller:
1. The supply of low-quality goods with certain shortcomings that cannot be eliminated in a time acceptable to the buyer.
2. Regular, repeated violations in terms of delivery of goods.
A claim under a supply contract can be made by any of the parties in any form, since a specific template for such a letter is not approved by law, it is necessary to send a written letter by mail with the receipt of confirmation documents on delivery, it is desirable that there is a notification of receipt. Despite the fact that a specific form is not provided, a claim under a supply contract must contain certain positions: a complete indication of the parties, the essence of the claim, justified and supported by the necessary documents, indicating, if necessary, the amount of damage with full calculations, as well as the way out the current situation and possible consequences with links to specific legislative acts and the timing of the response to the drafted document. Therefore, it is advisable to entrust the drafting of such a document to a legally competent person. The task of the complaint letter is to not bring the problematic issues to court hearings, and to resolve them peacefully.
At the same time, in order to consider a case in court, it occurs only if violations are committed by one of the parties at least twice.