Sample complaint to a supplier for a defective product

How is the delivery and acceptance of products processed?

Delivery under the contract must be properly formalized. The procedure requires the availability of the following documents:

• waybill;
• form TORG-12 or delivery note;
• invoice or invoice.

Upon acceptance, the buyer's representative is obliged to check the compliance of the delivered products in terms of quantity, volume, packaging, configuration, quality and other technical characteristics stated in the contract or accompanying documentation. The check should be carried out thoroughly to eliminate the slightest inconsistencies. If the buyer has accepted the delivered products, then proving non-compliance with the technical specifications after acceptance will be quite problematic.

Drawing up a letter of claim

A written complaint to the supplier is drawn up in duplicate for each party, on the organization’s pre-prepared letterhead or in free form.

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The rules for drafting are not clearly regulated by law, but certain rules must be followed in order to compose a competent letter that will have legal force if the problem is resolved in court.

Structure

Approximate structure of a letter of claim :

1. The header of the document indicates the data of legal entities (supplier, buyer). Name, full name of the director, details. In the left corner is the application number and date of preparation.
2. In the center of the form is the name of the document indicating the reason for its preparation, for example, a claim for the return of goods of inadequate quality.
3. The text of the document indicates the number of the supply agreement and the amount under the agreement, and the goods are listed.
4. The basis for the letter being compiled is described in detail.
5. Requirements are presented, preferably with references to regulations.
6. The period within which the appeal must be considered is indicated.
7. Date of. Signature of the manager and employee who wrote the letter. Company's stamp.
8. List of documents attached to the letter.

Required documents

are attached to the claim letter :

• Copy of the agreement;
• Act of discrepancy in the TORG-2 form, if the basis for the letter is inadequate quality of the goods, short delivery or shortage;
• Packing list;
• Invoice;
• An invoice for payment;
• Payment documents;
• Conclusion of the examination, if one was carried out;
• Other documents accompanying the transaction.

Sample complaint to a supplier regarding product quality between legal entities

What to do if the quality is not satisfactory

As a rule, all conditions for the return of low-quality goods are specified in the contract. But sometimes the supplier is stubborn or takes too long. If you can’t bring him to his senses, you can sue. But first you need to send an official complaint. If this is not done, the court will not consider the case. As a rule, a claim about a defective product solves the problem; few people want to get a trial in court. Therefore, save a sample complaint to the supplier regarding the quality of the product, it will help you cope with the problem faster.

Let's assume that there are no return conditions in the contract. In this case, the buyer has the right to write a claim for defective goods using the sample and return such delivery within 2 weeks. The rights of the buyer are specified in Article 477 of the Civil Code of the Russian Federation. The purchasing organization is required to prove that the delivered products were of poor quality before receipt.

What is the point of a complaint to a supplier?

The claim is not a document with independent legal force. It is only a way to inform the counterparty of a violation of the terms of the contract.

However, the claim also has some legal nature for the following reasons:

1. Typically, an agreement between counterparties contains a directive provision for the pre-trial procedure for considering a dispute in the manner of filing claims. That is, a claim is a way to comply with the contract in terms of pre-trial proceedings. If the agreement does not contain conditions for pre-trial procedure, then filing a claim is not necessary and you can go straight to court. But, since court is a troublesome and expensive matter, it is better to start with a claim. It is quite possible that the counterparty will agree with your arguments, and there will be no need to go to court.
2. The second legal-establishing role of a claim is its ability to suspend statutes of limitations. As a general rule, the contract provides for deadlines for filing claims for non-compliance with its terms. For example, claims regarding the quality of goods must be made within 10 days from the date of delivery. Let's assume that the recipient of the goods decides to go straight to court, bypassing the claim stage. By the time he completed the necessary acts of acceptance of the goods, made a defect inspection, filed a claim in an arbitration or general jurisdiction court, paid the state duty, etc., 20 days had passed. Of course, the court refused to accept his application due to missing the deadline. If within 10 days after receiving the goods he had written the simplest complaint to the supplier, it would have suspended the deadline. It is impossible to file a claim in court for the same period, because there is no simple form of claim, and it must be supported by documents.

When should a letter of complaint be sent?

The terms may be determined by law or the sale and purchase agreement itself.

Clause 2 art. 513 of the Civil Code of the Russian Federation obliges the buyer not only to accept, but also to check the quality of the goods. And the same article states that a written complaint must be sent as soon as deficiencies are discovered. No other information about the timing is provided.

IMPORTANT!

Submit a claim as soon as you discover a defect or shortage!

But this does not mean that if a defect is discovered not at the time of acceptance, but later, nothing can be done. There is Art. 454 of the Civil Code of the Russian Federation, paragraph 5 of which states that if the purchase and sale agreement (this includes the supply of goods) does not establish return rules, general rules should be applied. This means that claims regarding the quality of the goods can be made within:

• expiration date;
• warranty period;
• no more than 2 years from the date of acceptance;
• other period established by law or contract.

Buyer-seller relationship

Before you begin active actions, you need to understand who the seller is. The tactics of action will depend on whether he is a large retail chain or a representative of a small business.

In the first case, the seller will act in accordance with proven algorithms that apply to the entire network. Network employees are required to follow prescribed instructions ; their personal opinions or preferences have virtually no influence on the outcome of communication with the buyer. This is due to the large flow of consumers; an individual approach in such cases is difficult, despite declarations.

The algorithms of large chain stores are built in accordance with the requirements of current legislation, including the provisions of the Law on the Protection of Consumer Rights. By acting competently, correctly drawing up and submitting documents, the buyer is highly likely to be able to defend his rights.

In the second case, the seller is interested in every buyer . Some of them are regular customers who refer other clients. The so-called word of mouth is essential for small businesses. And if problems arise due to the sale of low-quality goods, the store is determined to solve them as soon as possible with minimal losses for the client.

In both the first and second cases there are exceptions. For example, a store manager of a large chain, in pursuit of profit and a personal bonus, can deliberately sabotage product returns. His subordinates resort to the following tricks :

• They do not accept claims regarding the quality of the goods;
• They do not provide confirmation of receipt of the application;
• Deliberately misleading, pointing out missed deadlines or damaged packaging;
• Use other methods, including rudeness, threats and intimidation.

In small stores, the buyer may encounter similar behavior from the seller, who flatly refuses to exchange a low-quality product or return money for it. The task of the injured buyer is not to follow the path of least resistance and not follow the store’s lead, but to impose your game on him.

How to make a claim

A sample complaint for a defective product addressed to the seller, this document is also called a “complaint statement to the supplier”, is drawn up in any form. Due to the large number of controversial situations, a unified form of the document is not provided. But there are mandatory details that must be included in the claim form:

1. Information about the purchasing organization. Provide the full name and registration data, such as: TIN, checkpoint, actual and legal addresses.
2. Indicate the date of filing the complaint in the format DD.MM.YYYY.
3. The basis on which a claim regarding the quality of goods is made to the supplier. Determine the details of the document (agreement, contract or agreement) on the basis of which the product was delivered.
4. Characteristics of low-quality goods. Describe in detail all the shortcomings and deviations identified during acceptance of the delivered products. Indicate the details of the discrepancy report drawn up in the TORG-2 form.
5. Indicate the requirements - this is one of the most important points that any sample claim for product quality contains. Describe what requirements you place on the seller. This may include replacement of products, return of funds transferred as an advance payment, and other conditions.
6. Indicate the rule of law. This paragraph is not mandatory, but it is advisable to indicate the points of the current legislation on the basis of which the claim is being drawn up.
7. Signatures of responsible persons, for example, the manager and chief accountant of the purchasing organization. Signatures must be certified by the institution's seal, if available.

Simply drawing up a sample complaint for a defective product is not enough. Be sure to attach to it the original return receipt in the TORG-2 form, the return certificate, as well as other accompanying documents. For example, the conclusion of a technical examination and the presence of defects and non-compliance with the stated quality conditions.

The claim for the return of goods to the supplier must be made in two copies. Be sure to register the document in the outgoing documentation journal. When handing over a package of documents, ask the seller to put a receipt mark on your copy of the claim.

IMPORTANT!

There may be more than two copies. The law allows you to issue as many claims as required. It is important that they are all properly certified.

What to do if you have delivered a low-quality product?

The legislator provides the buyer, depending on the situation, with the following actions::

1. Replace the low-quality product with another that meets the stated characteristics.
2. Return the money for it.
3. Reduce the purchase price in proportion to its functionality.
4. Request the elimination of a malfunction or identified defect at the store’s expense.
5. Demand compensation from the seller for independently eliminating the defects of the purchase.

When making a request for a refund, you need to be prepared that the store will demand the return of low-quality goods. Delivery of such a purchase to the seller is carried out at his expense.

Any of these requirements must be made in writing. To do this, a claim regarding the quality of the product is drawn up. Having considered the claim, the store has the right :

• Refund your purchase;
• Replace it with a similar product;
• Repair or compensate for repairs.

The store has the right to reject the buyer’s claim if the identified deficiencies were discussed with him before the sale and there is appropriate documentary evidence.

A written request specifies the date of the request and the requirements, which determine the response time and actions of the store. For example, if it is necessary to conduct an examination of a technically complex device, to establish the cause and nature of the problem, the seller is obliged to provide the applicant with a similar product for temporary use within three days.

For a detailed study of the issue of the timing of response to a consumer complaint, we recommend reading a separate material.

How to send

The 2021 claim sample can be submitted to the supplier in several ways:

• by email;
• by fax;
• by regular mail;
• with courier;
• deliver in person.

At the same time, it is important to record that the claim (the template of which you can download at the end of the article) was received by the supplier. Usually, this is done by putting a mark on the copy that remains with the sender. Therefore, sending by email or fax is not always suitable. When sending documents by regular mail, it is possible to create an inventory of the attachment - this is an additional guarantee that the supplier has received the entire package of documents. Often such complaints are sent in two ways: by e-mail and by regular mail or courier.