In practice, organizations may be presented with claims from buyers or suppliers for violation of the terms of the contract (Article 309 of the Civil Code of the Russian Federation, Part 5 of Article 4 of the Arbitration Procedure Code of the Russian Federation and Article 136 of the Code of Civil Procedure of the Russian Federation). Let's consider how claims settlements are recorded, what accounting entries are formed for claims from suppliers, as well as postings for claims from buyers.

Reasons for breach of contract may include:

• The supplier violated the terms of delivery;
• Violation of payment terms;
• The delivered goods do not correspond to the specified characteristics;
• The delivered goods do not correspond to the quantity;
• Not delivery of goods;
• Works and services not completed.

In the letter of claim, the buyer must indicate which terms of the contract were violated and provide evidence of the supplier's guilt. The letter of claim must be accompanied by original documents that confirm the claims against the supplier:

The deadline for consideration of claims can be set:

• Legislation (clause 5 of article 12 No. 87-FZ of 06/30/2003);
• Agreement;
• The internal order of the organization.

Claims accounting

To account for settlements on supplier claims, recognized (awarded) fines, penalties and forfeits in accounting, subaccount 76.02 “Settlements on claims” is used to account 76 “Settlements with various debtors and creditors”. The amounts of claims submitted are accounted for by debit 76.02, and credit 76.02 is used to account for the amount of claims.

Claims settlement transactions

Calculations related to claims made in accounting can be reflected using the following main entries:

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Let's look at some of them using wiring examples.

Example 1. A claim was received from a supplier for violation of the terms of the contract - transactions with the buyer

In January 2016, a contract for the supply of goods with a total value of 500,000.00 rubles was concluded between the organization VESNA JSC and the buyer LLC ROMASHKA, incl. VAT 18% - RUB 76,271.19 The payment term under the terms of the contract is 01/15/2016. The amount of the penalty for violation of the terms of the contract is 0.10% of the amount of the debt for each day of delay in payment.

The organization VESNA JSC received payment for the shipped goods on 01/31/2016, in connection with which a claim was made to the buyer LLC ROMASHKA. In the letter of claim, the following calculation of the amount of the claim was indicated:

• RUB 500,000.00 * 0.10% * 17 days = RUB 8,500.00

The accountant of ROMASHKA LLC generated the following postings for claims from the supplier JSC VESNA:

Example 2. A claim is received from the buyer - postings from the supplier to return the received advance

On 01/10/2016 between the organization JSC "VESNA" and the buyer LLC "ROMASHKA" an agreement was concluded for the supply of goods to total amount RUB 650,000.00, incl. VAT RUB 99,152.54 The delivery time under the terms of the contract is 01.03.2016. Buyer LLC "ROMASHKA" 15.01.2016 transferred the full prepayment according to the terms of the contract.

However, VESNA JSC did not ship the goods at the specified time, thereby violating the terms of the contract and the buyer issued a letter of claim demanding that the advance paid be returned and the contract terminated.

The accountant of JSC "VESNA" reflected in the accounting claims from the buyer LLC "ROMASHKA" with the following postings:

Example 3. A claim has been made to the supplier - posting to the buyer in case of a lack of delivery of goods

The organization JSC "VESNA" and the buyer LLC "ROMASHKA" entered into an agreement for the supply of goods for a total amount of 250,000.00 rubles, incl. VAT 18% - RUB 38,135.59 When accepting goods to the warehouse, the buyer revealed a shortage of goods for a total of 12,500.00 rubles, incl. VAT 18% - RUB 1,906.78

Consequently:

• actually received goods for a total amount of 237,500.00 rubles. (250,000.00 - 12,500.00);
• The amount of VAT on actually received goods is 36,228.81 rubles. (237,500 * 18%);
• The warehouse received goods in the amount of 201,271.19 rubles. (237,500.00 - 36,228.81);
• A claim was made for the total amount of the identified shortage.

The accountant of ROMASHKA LLC reflected the settlements on claims to the supplier JSC VESNA with the following entries:

The current legislation establishes the procedure for the provision of services, requirements for performers, as well as the rights of consumers. However, many citizens are hesitant to defend their interests when providing substandard services.

Consumers, as a rule, simply do not believe that justice can be achieved. Meanwhile, there are many cases judicial practice when unscrupulous performers are held accountable.

Within the framework of civil circulation, a huge number of transactions are made. Providing a service is also a transaction. The difference between it and the sale of goods is that the consumer does not receive any thing.

The result of the provision of a service cannot be called an object in the classical sense. When a consumer turns to a dentist or a hairdresser, he sees the result of the work. That is, there is a change in the appearance or condition of the oral cavity. If we talk about services, then it is somewhat more difficult to determine their result. Let's turn to the dictionary.

A service in the classical sense is an activity that benefits the recipient. A service can be tangible or intangible. In the latter case, we are talking about such an activity, as a result of which there is no material object, and the value (benefit) is contained directly in the actions of the performer. An example would be an appointment with a therapist.

A material service is such a service, after which the consumer has some kind of material object, for example, after receiving a prosthetist, a person has a crown on his tooth.

Provision of low-quality services

Everyone wants to buy quality goods and receive quality services. The legislation contains requirements for performers that must be observed. Meanwhile, not all organizations and specialists want to fulfill them. This is what leads to providing poor quality services.

The assessment of compliance with the requirements of the legislation, as well as the needs of the consumer, can be carried out according to the result obtained. If it satisfies the requirements, then the service can be considered of high quality. To do this, the performer should be guided not by subjective criteria, but by generally recognized standards.

Properties and quality parameters should be reflected in the contract. Information about the service should be accessible and understandable to the consumer. If the customer has doubts about the quality of services, he has the right to file a claim with the contractor.

Relevance of the issue

FROM providing poor quality services citizens face in a variety of areas. In some cases, this does not have negative consequences, while in others it can pose a threat to health or life. For example, poses a particular danger. For example, a person needs an expensive operation. If the surgeon is negligent, ignores the elementary rules of hygiene, the patient may experience an infection, which, in turn, may require additional treatment.

Negative consequences may arise from low-quality rendering legal services . For example, a citizen turned to a lawyer to represent his interests in court. If the specialist turns out to be unskilled or inexperienced, the case will be lost. Accordingly, the Applicant will, at best, lose time and money, and at worst, will be forced to compensate the additional costs of the Respondent.

Treaty

Due to the fact that the scope public relations constantly evolving, service-related activities are also improving, and consumers are becoming legally literate. There are a number of rules, without which the provision of services is currently not allowed.

One of the requirements of the legislation is the mandatory conclusion of an agreement between the customer of the service and its executor. This prescription is well founded. When poor quality service the contract will be the basis for going to court.

Interest in concluding an agreement should be, first of all, with the customer. The more detailed the content of the contract, the more likely it is to defend your rights if the contractor commits violations.

The agreement provides for a list of services, criteria for assessing their quality, cost, deadline, rules for resolving disputes.

Normative base

Claims for poor service delivery the customer can present to the contractor on the basis of the provisions of Article 29 of the Federal Law No. 2300-1.

The law allows sending a claim at the stage of receiving the service, at the end of its provision, as well as during the warranty period and before the expiration of 2 years from the date of receipt of the service. If the activity of the contractor was connected with an immovable object, the limitation period is increased to 5 years.

Please note that not all services come with a warranty. In this case, it will be somewhat more difficult to prove the fact of violation by the performer. When applying Complaints about poor service delivery the customer will have to provide evidence that the deficiencies arose before accepting the service.

The legislation, however, provides for a number of cases in which the performer may be released from liability. This is possible if he proves that the deficiencies arose due to the fault of the user of the service, due to the intervention of other persons, due to the action force majeure.

for poor quality services

If the consumer was provided with a low-quality service, he has the right to draw up a claim and send it to the contractor. It is necessary to approach the design of this document with all responsibility.

The claim states:

• Specific violations committed by the performer.
• Signs of poor service delivery.
• Performer requirements.
• Links to normative acts.
• Deadline for correcting deficiencies.

Emotional phrases, threats, etc. should not be used in the text. The claim must be made in business language.

You can send a document different ways. One of the most common is sending by registered mail. It is advisable to make a copy of the document, which should be kept for yourself. The letter must be sent with acknowledgment of receipt. It will be confirmation of the acceptance of the claim by the contractor.

Send a claim to the address specified in the contract, or to which the service was provided. Sometimes they match.

Requirements

Article 29 of the Federal Law No. 2300-1 provides for several options for the consumer. He may make any of the following demands to the performer:

• Eliminate deficiencies free of charge.
• Reimburse expenses incurred as a result of the provision of low-quality services.
• Free re-rendering of the service.

The nuances of judicial practice

One of the common causes of conflict between the consumer and the contractor is the lack of sufficient information about the service and its quality parameters. Simply put, the customer did not receive the full amount of information about the shortcomings and advantages.

When considering disputes, the courts should proceed from the assumption that the consumer may not have all the necessary knowledge about the characteristics and properties of the service when contacting the contractor. Accordingly, the obligation of the latter is to provide the customer with information in full. In case of evasion from fulfilling this requirement, the contractor will be liable.

In the event that the consumer's requirements for the free elimination of the deficiencies that have arisen or the re-provision of the service are satisfied, the supplier is not released from the obligation to reimburse the penalty for violation of the established deadlines.

Going to court

Many perpetrators, not wanting to bring the case to trial, seek to eliminate violations in as soon as possible. However, it also happens that the customer receives a refusal to satisfy his claims. In such cases, the consumer has the right to seek protection in court.

When applying to the authority, it is necessary to be guided by the provisions of the Code of Civil Procedure. The claim can be filed at:

• Finding an enterprise.
• Respondent's residence (if he is an individual entrepreneur).
• The residence/residence of the applicant.
• Execution of a contract or performance of its terms.

The claim must include:

• The name of the court to which the appeal is directed.
• Full name, address, contact numbers of the plaintiff and defendant.
• Information about the contract (date, place of registration).
• Brief description of the service.
• List of shortcomings.
• Circumstances confirming the poor quality of the service.
• Requirements.

If necessary, to confirm their arguments, the applicant may apply to an expert organization to conduct a study. The expert opinion can be attached to the claim.

Every day, citizens are faced with receiving services from various legal and individuals, but, unfortunately, they are not always impeccable in quality. This applies not only to construction and repair organizations, but even to medical and educational organizations can afford to provide low quality services.

In accordance with consumer protection legislation, the client has the right to demand compensation for damage from poor-quality services, and even compensate for the money paid. To do this, make a competent claim.

How to write a letter of claim for the performance of services in an improper way?

A written claim for poor-quality performance of services does not have a special form in accordance with the legislation of the Russian Federation and various state standards.

In this regard, you compose it in free form, but indicate the following information:

1. Data:
   • Customer (full name, passport details, address, contact phone number);
   • Contractor (name, address, full name of the head).
2. The name of the document is “Claim”, and if an agreement has been concluded, then indicate in the title “Claim under service agreement No. 1 of 01/01/2001”.
3. Description of the concluded agreement (number, date and place of conclusion, subject and conditions).
4. Description of the violation of the agreement (poor quality of services, identified shortcomings or reasons for the claim).
5. The essence of the claims, the deadline for fulfillment. Also indicate that you intend to go to court if your requirements are not met.
6. Date of writing and signature of the customer.

You make a claim in two copies, one for the contractor, the second remains with the customer with a note that the contractor received the document.

What documents need to be attached to the claim for the provision of low-quality services?

Attaches all documentary evidence confirming the poor quality of the service to the written claim:

• Independent expertise;
• Photo and video filming;
• Files;
• Other evidence;

Also submit the documents that were concluded during the provision of services:

• A copy of the service agreement;
• A copy of the act of acceptance of the service;
• Copy of payment documents;
• A copy of the warranty card for the service, etc.

What are the reasons for writing the claim in question?

The main reason for filing a claim for the provision of a poor-quality service is any dissatisfaction of the client with the service provided and the reasonable requirement of the customer:

• The goals set when ordering services have not been achieved;
• The service provided does not meet the terms of the agreement and the customer's expectations;
• The service was provided in violation of technology or poor quality materials were used;
• The result of the provision of services to the customer was damage to the property or health of the client.

If you make a claim, it must be substantiated and drawn up only if there are defects or non-compliance with the terms of the contract and the legislation of the Russian Federation.

Legal requirements for the quality of services

The legislator establishes liability to the contractor for the provision of low-quality services in Chapter III federal law"Consumer Protection". The legislator also regulates the relationship between the customer and the contractor in articles 29-30 of the above law, in the event of a claim to the quality of the service provided.

1. If the customer is provided with a low-quality service, then he has the right:
   • Require the contractor to eliminate deficiencies at the expense of the contractor.
   • Require a reduction in the amount of payment under the agreement.
   • Require a re-execution of the order, and the previously completed product is returned to the contractor.
   • Demand compensation for the money spent to eliminate defects, services rendered at the expense of the customer with the involvement of third parties.
2. In case of elimination of shortcomings, the term of the contract is not extended, and if the total term of the contract has expired, the contractor pays a penalty to the customer for violation of the terms of the agreement.
3. If the contractor has not eliminated the shortcomings within the time period established by the agreement, the customer has the right to terminate the agreement and demand compensation for the losses incurred by the actions (inactions) of the contractor.
4. Compensation for damage is made within 10 days, the amount is determined taking into account the cost of the goods to be returned in accordance with Article 24 of the Federal Law "On Protection of Consumer Rights".
5. It is necessary to formulate a quality claim at the time of acceptance of the services rendered or during the period of fulfillment of obligations under the agreement. In case of latent deficiencies that appear over time, the right to file a written claim remains even after a certain time period has elapsed.
6. Claims for the elimination of deficiencies are possible during the warranty period, if it is not established, then within 60 months - the capital nature of the structure, within 24 months - the rest of the work (this period is the same as for low-quality goods).
7. The customer has the right to make claims within the time limits specified in the previous paragraph, even if the warranty period is set, but it is less than the specified periods.

Responsibility for poor-quality performance of obligations by agreement of the parties arises, unless it is proved that the defects arose due to the fault of the customer in the process of use.

An example of the reflection in accounting of operations for the return of an unworked advance payment by a supplier. The organization applies the general system of taxation

September 20 (Q3) Alfa LLC transferred a 100% prepayment to Trade Firm Germes LLC under the agreement dated September 1. The contract provides for the supply of a consignment of goods to Alfa in the amount of 590,000 rubles. (including VAT - 90,000 rubles) in October (IV quarter).

To account for settlements with the supplier, the accountant uses sub-accounts opened to account 60 (sub-account "Advances issued") and to account 76 (sub-account "VAT settlements from advances issued").

In the accounting of "Alpha" postings were made:

Debit 60 subaccount "Calculations on advances issued" Credit 51
- 590,000 rubles. - an advance payment was transferred on account of the forthcoming shipment of goods;

Debit 68 subaccount "VAT settlements" Credit 76 subaccount "VAT settlements from advances issued"
- 90,000 rubles. - accepted for deduction of VAT paid to the supplier as part of the advance payment.

By the deadline set in the contract, Hermes did not have time to purchase the required amount of products and did not deliver. On November 21, Alfa filed a claim against Hermes for violation of the term for fulfilling the contract with a request to terminate it.

On November 22, the contract between Hermes and Alpha was terminated. On the same day, Hermes returned to Alfa the advance payment received in the amount of 590,000 rubles. (including VAT - 90,000 rubles).

The following entries were made in Alpha's accounting:

Debit 76-2 Credit 60 sub-account "Calculations on advances issued"
- 590,000 rubles. - reflected the debt of the supplier in the amount of the advance to be returned due to the termination of the contract for the submitted claim;

Debit 51 Credit 76-2
- 590,000 rubles. - the unworked advance payment is returned by the supplier;

Debit 76 subaccount "VAT settlements from advances issued" Credit 68 subaccount "VAT settlements"
- 90,000 rubles. - restored VAT, previously accepted for deduction.

When calculating UTII, the returned advance does not affect the calculation of tax (Article 346.29 of the Tax Code of the Russian Federation).

Purchase returns

You can return the purchased product for the following reasons:

• prescribed by law (for example, paragraph 1 of article 466, paragraph 1 of article 468, paragraph 2 of article 475 and paragraph 2 of article 480 of the Civil Code of the Russian Federation);

• specified in the contract (Clause 4, Article 421 of the Civil Code of the Russian Federation).

In accounting and taxation, a claim with a requirement to take back the goods is considered recognized after the return has been made (Article 5, paragraph 1 of Article 9, paragraph 1 of Article 10 of the Law of December 6, 2011 No. 402-FZ and Chapter 25, 26.2 and 26.3 of the Tax Code of the Russian Federation).

For more information on accounting and taxation of this operation, see:

How can the buyer record the return of goods on the grounds provided for in the legislation ;

How can the buyer take into account the return of goods on the grounds provided for by the agreement .

If the counterparty is required to replace the returned goods, then in accounting and taxation reflect the satisfaction of such a claim in two operations: the return of some goods and the acquisition of others.

Fixing a marriage

If the organization received a defective product, it has the right to demand that the defect be eliminated free of charge (Article 475 of the Civil Code of the Russian Federation). A similar rule applies in case of poor-quality performance of work (see, for example, Article 723 of the Civil Code of the Russian Federation).

Warranty repair (warranty service) can be carried out by:

• manufacturers of products (works, services) (clause 6, article 5 of the Law of February 7, 1992 No. 2300-1);

• trade organizations (including importers) (clause 7, article 5 of the Law of February 7, 1992 No. 2300-1).

Warranty repairs (warranty service) are subject to goods (results of work) in respect of which the warranty period is established. The start date of the warranty period is the date of transfer of goods (results of work performed) to the buyer (customer). That is, the date of registration of shipping documents or the act of acceptance of work performed. This procedure follows from the provisions of Articles 470, 471 Civil Code RF, paragraph 2 of Article 19 of the Law of February 7, 1991 No. 2300-1.

To account for goods returned to correct the marriage, you can open a sub-account "Property for warranty service" to account 41 (08, 01, 10). unified form the primary document by which the parties could issue the acceptance and transfer of goods for warranty service is not provided for by law. Therefore, such a document can be drawn up in an arbitrary form containing all the required details of the primary recorded documentation. This follows from paragraph 2 of Article 9 of the Law of December 6, 2011 No. 402-FZ.

Organizations that use common mode taxation, such an operation will affect the calculation of taxes as follows.

Input VAT on acquired tangible assets can be take into account in the general order (Clause 1, Article 172, Clause 2, Article 171 of the Tax Code of the Russian Federation).

The tax base for income tax will not be reduced by the value of inventory items acquired and transferred for warranty service.

This is due to the fact that both with the cash method and with the accrual method, one of the conditions for writing off the cost of purchased goods as expenses is their sale (paragraph 1 of article 272, paragraph 3 of article 273, subparagraph 3 of paragraph 1 of art. 268, article 320 of the Tax Code of the Russian Federation). The goods transferred to correct the marriage cannot be sold to end consumers, which means that its cost cannot be written off (Articles 470, 471 of the Civil Code of the Russian Federation).

Prior to being written off to production (operation), it will not be possible to take into account when calculating income tax and materials transferred to the counterparty for the correction of defects (clause 2 of article 272, subclause 1 of clause 3 of article 273, clause 1 of article 254, subclause 1 paragraph 3 of article 273 of the Tax Code of the Russian Federation). As well as expenses for the acquisition of fixed assets (depreciation deductions) that were not put into operation due to an identified defect (clause 3 of article 272, subclause 2 of clause 3 of article 273, clause 4 of article 259 of the Tax Code of the Russian Federation) .

Similar rules apply to the calculation of a single tax when simplified from the difference between income and expenses (with the exception of the provisions on VAT) (subparagraphs 1, 5, 23, paragraph 1, article 346.16, subparagraphs 1, 2, 4, paragraph 2, art. 346.17 of the Tax Code of the Russian Federation). The input tax on the value of acquired valuables cannot be deducted (clause 2 of article 346.11, clause 2 of article 171 of the Tax Code of the Russian Federation). VAT can be included in expenses in the same period as the costs themselves, with the acquisition of which it is associated (subclause 8, clause 1, article 346.16, subclause 3, clause 2, article 170 of the Tax Code of the Russian Federation).

The operation to transfer goods to correct the marriage will not affect the amount of UTII (Article 346.29 of the Tax Code of the Russian Federation).

Independent elimination of defects in purchased goods should be reflected in the same way as losses from internal marriage.

Markdown of goods

The organization has the right to demand from the counterparty to reduce the price of defective goods or poor-quality work (see, for example, articles 475, 723 of the Civil Code of the Russian Federation). A product (work) with a defect cannot cost as much as a quality product (work).

Reflect the markdown of the goods by analogy with the discount received from the counterparty.

For more information on accounting and taxation of such an operation, see.How to reflect in the accounting discounts and bonuses from the supplier when purchasing goods (works, services) .

How to write a claim for poor quality service- a sample document will help to draw it up in accordance with the requirements of the law and the customs that have developed in the practice of civil law relations. Consider the basic rules for drawing up claims and the features of their execution according to various types disputes.

Claim for non-fulfillment of the terms of the service agreement: main provisions and sources of regulation

The claim for non-fulfillment of the terms of the service agreement in the vast majority of cases must precede the resolution of the dispute in court. On the one hand, on the basis of Part 5 of Art. 4 of the Arbitration Procedure Code for disputes arising, inter alia, from civil law contracts for the provision of services, the parties are required to comply with the pre-trial (claim) procedure for their settlement.

What is the time limit for filing a claim after filing a claim, find out.

On the other hand, by virtue of par. 3-6 art. 29 of the Law “On Protection of Consumer Rights” dated 07.02.1992 No. 2300-1 (hereinafter referred to as the Law), a consumer who has not been provided with a service or has been provided with a service of inadequate quality must contact the organization that has concluded a service agreement with him with the appropriate requirement (claim).

Only in the case of the conclusion by an individual of a civil law transaction that does not follow from his entrepreneurial activity, the law does not prescribe a mandatory claim procedure in the event of disputes over obligations arising from the transaction.

In addition to the specified normative legal acts, the sources of regulation of the rules for drawing up, sending and considering claims in the service sector are:

• Civil Code;
• special legislative acts governing the procedure for resolving disputes in the pre-trial procedure for specific types of services (for example, the law “On the Basics tourism activities» dated November 24, 1996 No. 132-FZ regarding tourist services).

Also, as sources of rules for the formation, sending and consideration of claims (including claims under service contracts), customs business turnover.

See also:

• "The procedure for filing a claim and the rules governing this";
• What to do if the claim is not accepted? .

Pre-trial claim under a service agreement - sample

Sample pre-trial claim under a contract for the provision of services in general view should include the following information and items:

• information about the addressee of the claim, including the head of the organization, its name, location and other individualizing signs (for example, TIN);
• name and postal address of the applicant;
• date and outgoing claim number;
• details of the contract for the provision of services, under the obligations from which the dispute arose;
• a description of the violation by the recipient of the claim of obligations with references to clauses of the contract;
• specific requirements for the recipient of the claim (compensation for losses incurred, payment of penalties, fulfillment of obligations duly taken under the contract);
• references to the norms of the law, in accordance with which the claim is drawn up and certain requirements are presented;
• list of attached documents (if any).

The claim must be signed by the head of the organization or another person having the right and authority to do so. The signature is certified by the seal of the organization (if any). The more specific content of the claim depends on the substance of the claim. So, in order to write a claim for a service of inadequate quality, one sample is needed, and a claim for non-payment for services under the contract by the contractor requires a different sample.

A sample claim under a service agreement in case of non-fulfillment of obligations by the customer to pay for them can be downloaded here:

We also have sample claims:

• under a contract;
• supply contract;
• lease agreement, etc.

How to make a claim for poor quality service?

In the field of consumer protection, the Rospotrebnadzor service provides methodological assistance to individuals in deciding how to properly file a claim for a poor-quality service. Sample documents are posted on the official websites of regional offices. With their help, citizens can draw up a document demanding to provide a quality service or eliminate shortcomings in the provided communication services, medical, public services etc.

Legal entities can also use these samples, however, references to the Law should not appear in the legal entity's claim, since it protects only consumers of services - individuals and does not regulate legal relations between organizations.

Organizations can use the template above, while taking into account the applicant's legal powers. So, by virtue of Art. 15 and paragraph 1 of Art. 330 of the Civil Code, a person has the right to demand compensation for losses only if they exist and are sufficiently confirmed, and a penalty - in any case, if it is provided for by law or an agreement.

Rules for signing and sending a claim for poor quality service

The form of the claim is not established by law, and therefore it is recommended to include in the contract conditions on the procedure for resolving disputes out of court, including the rules for the exchange of correspondence, the timing of consideration of letters, and the method of sending them. If there is no such section in the contract, it is necessary to be guided by the practice of civil law relations, which has developed certain rules for the preparation and procedure for submitting claims.

A claim for poor-quality provision of services must not only be drawn up in the proper form, but also sent in the manner determined by the parties. As a general rule, a claim is a written document signed by an authorized representative of the organization and sealed, if any. If the method of sending the claim is not determined by the parties, it is advisable to send it by registered by mail with notice and description of the attachment.

The terms of the contract may determine another method of sending, for example, fax, telegram, Email. In addition, in order to expedite the consideration of the claim, the party may send a claim in parallel with the postal item in one of the specified ways.

How to write a claim for a service of inadequate quality to an individual?

The sample requirement for the proper fulfillment of obligations assumed under a service agreement, as a whole, assumes the content of all sections that must be indicated in any pre-trial claim. The features of the claim sent in connection with the provision by the contractor of services of inadequate quality to an individual are the following points:

• the powers of the applicant (consumer) are fixed by Art. 29 of the Law, therefore, the requirements must be specified in accordance with this rule and with reference to it;
• claims must be made in the course of the provision of the service or upon acceptance of the result of its provision;
• if it is impossible to establish shortcomings in the provision of services before their acceptance, a claim may be sent within the time limits fixed by paragraph 3 of Art. 29 of the Law;
• the claim may indicate the requirement to pay a penalty under Art. 31 of the Law;
• the consumer in the claim has the right to refer to the liability of the contractor provided for by the Law for non-satisfaction of the consumer's requirements on a voluntary basis.

Otherwise, claims from an individual and from an organization are identical.

Claim for non-payment of services under the contract

A claim under a service agreement can be filed not only by the customer of the service, but also by the contractor - in the event that the customer fails to fulfill such obligations under the contract as the transfer required documents, advance payment, payment for services rendered and others. Such a claim is subject to general rules, but has specifics in terms of the requirement to pay for services rendered and the calculation of interest for the use of other people's in cash within the framework of Art. 395 GK.

From 08/01/2016, the specified percentage is calculated based on the key rate set by the Bank of Russia, the calculation is made in the form of a separate document, which is an annex to the claim.

Results

Thus, a claim for services of inadequate quality is subject to the general rules for drawing up a claim, taking into account the specifics established by the Law (for consumers - individuals), special laws in a particular service sector and business practices in this branch of civil legal relations. Consumers can use the sample claims developed by Rospotrebnadzor and its territorial bodies, and organizations - use the sample claim posted on our resource.