As judicial practice shows, debt collection under a supply agreement is one of the most understandable procedures. A competent approach to the formation of a legal strategy and the availability of documents confirming the fact of debt makes it possible to win in most controversial cases.

A supply agreement is a type of purchase and sale agreement, under which the seller (also known as the supplier) undertakes to transfer, within a specified period, any goods (products, equipment) to the buyer (recipient) for use in commercial interests.

The subject of legal proceedings aimed at collection under a supply agreement may be:

• untimely deliveries;
• incompleteness, inadequate quality of supplies;
• non-compliance with the procedure for settlements and penalties (payment of penalties, penalties, prepayments).

Arbitration disputes under supply contracts

Disputes under supply contracts are subject to consideration in the Arbitration Court. Arbitration disputes imply compliance with the pre-trial claim procedure for resolving the dispute. Before filing a claim in arbitration with a demand to collect the debt under the supply agreement, it is necessary to send a letter with notification (or transfer against signature) to the other party a claim for collection of debt or a penalty (fines, penalties) under the agreement (Collection of prepayment under the supply agreement is also preceded by such a claim).

What to do if the issue is not resolved pre-trial

After the claim has been properly filed and the funds have not been received within a reasonable (or specified in it) period, and any action decisive for the dispute or repayment of the debt has not taken place, it remains to apply to the court. Statute of limitations for this category of cases - 3 years.

An application containing a demand to recover under a supply agreement is drawn up in accordance with the requirements of Art. 125 Arbitration Procedure Code of the Russian Federation.

All documents mentioned in Article 126 of the Arbitration Procedure Code of the Russian Federation are attached to the application, including:

• documents confirming the plaintiff's claims;
• documents confirming the fact that the claim was sent and received by the debtor;
• a receipt for payment of the state fee for filing a claim to resolve an arbitration dispute (the amount of the fee is calculated on the basis of Article 333.21 of the Tax Code of the Russian Federation; it is better to certify the receipt itself with the bank’s seal);
• copies of the statement of claim demanding repayment of the debt under the supply agreement (with all attachments) to the defendant, the court and all persons participating in the process.

If everything is completed correctly, the court accepts the claim with a request to collect the debt under the supply agreement for consideration; a court hearing is scheduled. If there are any errors, the court has the right to return the documents for revision or leave the claim without consideration.

Arbitration disputes in these cases are considered in court for a long time (at least several months). Often the situation arises that the defendant simply does not have funds in his current accounts to repay the debt. This means additional waste of time on enforcement proceedings.

Collection of penalties under a supply agreement

Contractual supply relations, along with the main obligations (deadlines, specifications, prepayment, etc.), often provide for penalties in the text of the contract. A penalty is a unique form of civil liability - it is a fine or penalty that the debtor is obliged to pay to the creditor in the event of non-fulfillment or improper fulfillment of obligations. Collection of penalties under a supply agreement is also possible in the event of delay in fulfillment of obligations. The parties to the contract have the right to limit the amount of the penalty or not to establish any restrictions. However, when determining the condition on the amount of the penalty (which, in essence, is aimed at collecting damages), it is necessary to proceed from the principle of reasonableness.

An agreement on possible penalties must be included in the supply contract. To do this, it must contain instructions on:

• cases and amount of payment of fines and penalties;
• the period until which the penalty is calculated;
• payment of a penalty for failure to fulfill obligations.

If this is not specified in the contract, the injured party may demand the recovery of a penalty under the supply contract in accordance with Art. 395 of the Civil Code of the Russian Federation.

The cost of oral consultations and advice on debt collection under a supply agreement:
⇒ for citizens	from 500 to 2,000 rub.
⇒ for legal entities	from 1,000 to 3,000 rub.
Cost of written opinion	from 3,000 rub.
Cost of services for representation of interests in a court of general jurisdiction, arbitration court of first instance	from 25,000 rub.

The legislation of our country provides for certain rules for filing a claim. The supply agreement is a document confirming the conclusion of one of the most common transactions. Moreover, it is popular not only among legal entities. Individuals also use this type of relationship very often. This agreement becomes a guarantee of fulfillment of obligations between the parties. In this case, one of them must order and pay for the item of the transaction, the second must collect and deliver the goods to the customer. However, if disputes arise, a statement of claim for collection of debt under the supply agreement is filed with the Arbitration Court. Let's take a closer look at this process.

Required information

Any trade relations between business entities are formalized in the form of contracts.

Despite the fact that they occur quite often in modern economic life, mistakes still occur. The fact is that the court will accept documents only when it is confident in the correctness of the concluded agreement. In other situations, the rights of the buyer and seller are legally void.

The most common problem that arises in the case of the supply of labor products is the inaccuracy of the terms in the contract. They are the ones most often challenged in courts. Therefore, when drawing up an agreement, you must remember that its written execution is necessary to protect the rights of the parties, which means you need to try to spell out in it all the available nuances of the transaction. In addition, the document must be drawn up according to the rules, maintaining the accepted structure. Only in this case will he protect the rights and impose obligations on the parties to the transaction.

Basic data

What is a supply agreement? This is a legal document used in transactions between suppliers and buyers, which sets out the rules for conducting such a transaction for each of them.

Using this document, the buyer can secure the funds he has invested and protect himself from loss. He has the right to add preferences regarding a certain type of product to the text of the agreement, as well as indicate clear deadlines within which the other party undertakes to fulfill this agreement.

The supplier is no less interested in this document than the buyer, because it is a guarantor of payment for goods within the established timeframes specified here, and may also include other important requirements.

The time of execution of the contract by the parties plays a special role. Therefore, when drawing up a document, the buyer and seller need to pay special attention to this point. A correctly drafted document gives the parties the right to:

• resolve possible conflicts in judicial institutions,
• claim costs in a situation where one party to the agreement has not fulfilled its obligations,
• compensate for your expenses related to the transaction,
• and also use other methods of resolving the issue prescribed in the contract.

Nowadays, there are often unforeseen situations that can adversely affect the outcome of the transaction. That is why special attention must be paid to the clauses of the contract where the rights of the parties are indicated.

Note!

The supply agreement may become the only evidence of innocence in the event of an appeal to a judicial institution.

Where to file a claim?

Most often, the parties to the transaction are business entities, so the document is submitted to the arbitration court. Many people are mistaken in thinking that arbitration is intended to exclusively consider cases of disputes between legal entities. Actually this is not true. An individual can also apply here. However, this happens in the case where his rights under an agreement concluded with a legal entity were violated. However, there are other situations when the application can be taken to a court of general jurisdiction.

The application is made in writing in accordance with certain requirements. In addition, the plaintiff can take a ready-made form to fill out on the court’s website (APC, Art. 125).

The legislative framework

1. Art. 506 of the Civil Code shows methods for resolving disputes that arise between parties to a transaction.
2. Art. 521 of the Civil Code regulates the terms of the agreement and also indicates the possible actions of the participants in the event of a penalty.
3. Art. 523 of the Civil Code shows how the debtor must act in the event of unilateral termination of contractual relations.
4. Art. 524 of the Civil Code provides methods for calculating losses incurred during the termination of a transaction. This is necessary for their reimbursement.
5. Federal Law 95 establishes the competence of arbitration courts and also includes rules for filing an application.
6. Art. 102-103 of the APC, which indicates the need to file a claim in court. It must also be accompanied by the attached documentation. A copy is sent to other participants in the transaction.

The application must be drawn up correctly, observing all the norms specified in the legislation. Before submitting it, you must pay the state fee.

Features of filing a claim under a supply agreement

When drawing up a claim, you need to remember its features compared to drawing up other documents:

• After the debt has actually arisen, the party wishing to claim its funds does not have the right to immediately come to court. In this case, there is a procedure for pre-trial dispute resolution, which must be completed before filing a claim. The party that has violated the terms of the contract must be notified in writing. But if such a claim remains unheeded, you can safely contact a judicial institution.
• The applicant, before going to court, should carefully study the supply agreement and see if any specific court has been indicated there, which will deal with dispute resolution in case of disagreement. If this was not specified in the contract, you should apply at the location of the defendant’s property.
• Typically, a debt arises if the goods were delivered and the buyer did not transfer funds for it within the agreed time frame. That is why in the text of the claim it is necessary to set out the essence of your own claim after the occurrence of delays, taking the contract as a basis. After all, the deadlines, the amount of penalties, fines and penalties are spelled out here. All calculations should also be indicated in the document, with the resulting total written down at the end.
• The claim must contain references to legislative acts. As for the statement of debts under the supply agreement, these are the APC and the Civil Code. To indicate the need to claim a penalty, reference is made to Art. 395 Civil Code. When the original contract does not contain this provision, the same article may serve as the basis for claiming interest.
• The claim must be accompanied by all documentation proving the essence of the claims (signed invoices, checks, receipts, a copy of the contract, etc.).

Structure of the claim

As mentioned above, on the court’s website you can see a sample that shows what items are included in the document and what is the procedure for filling it out.

1. The information is entered first in the upper right corner. The name of the court and its address are indicated here.
2. Information about the applicant is entered depending on who he is. For an individual, enter full name, address, place of work and residence, telephone number. For an entrepreneur, this information must also be supplemented with a state registration number.
3. The same data for the defendant.
4. In the middle of the sheet write the name of the document.
5. The main part is devoted to the presentation of the situation and the plaintiff’s demands. Here are also references to the legislation of our country, which gives the plaintiff the right to make these demands.
6. A description of the evidence of the plaintiff’s reasoning; you must include here the number of the agreement and the date of its preparation.
7. All necessary calculations that justify the total amount of claims (reimbursement, penalty, compensation, etc.) are also indicated here.
8. It is also noted that the applicant tried to resolve the issue on his own without going to court. This must be proven by providing documents confirming the defendant’s receipt of the letter of claim.
9. Finally, there is the pleading component of the claim. This sets out the plaintiff’s demands, the amount of which includes, in addition to the size of the contractual relationship, the state duty for the claim and postage costs.
10. At the end they write a list of attached documentation, put a date and a signature.

Sample claim under a supply agreement

Features of document execution upon termination of a contract

For the right to terminate the contract to arise, the legislation specifies the following reasons relating to the supplier:

• when goods are repeatedly selected by the seller for the purpose of examining their quality,
• failure to meet deadlines for the delivery of goods,
• poor quality of the delivered goods, which does not meet the conditions specified in the contract.

In addition, the civil code states that the parties have the right to terminate the transaction upon reaching mutual understanding on this issue (Article 450). To do this, one side sends its own intentions to the other.

Statement of claim

Let's look at an example of a statement of claim so that you can draw up your own document by analogy.

To the Arbitration Court of the Moscow Region

345254, pos. Ilyinsky, st. Levaya, 5

Plaintiff: Avelis LLC

345254, pos. Ilyinsky, st. Pravaya, no. 9 of. 459

phone: 8-495-999-99-99

Defendant: Albatross LLC

345254, pos. Ilyinsky, st. Gymnasists, 3,

phone: 8-495-888-88-88

Cost of claim: 587244 rubles

Claim for recovery of funds under a supply agreement

The plaintiff and defendant entered into supply agreement No. 45 on June 24, 2017. In accordance with its terms, the defendant must supply, and the plaintiff make timely payment for, the products specified in the invoice and in the contract. The plaintiff delivered products in the amount of 346,905 rubles, thereby fulfilling the terms of the contract. This is confirmed by invoice number 59603928 dated June 28, 2017. The defendant accepted the goods, which is also confirmed by the signature in the same document and the seal of the organization. Based on the terms of the agreement (clause 5.4), the buyer is obliged to pay for the goods by transferring money to the supplier’s account within the period specified in the agreement. Payment must be made no later than 10 banking days from the date of shipment.

The defendant partially fulfilled his obligations by depositing funds in the amount of 57,593 rubles, which was confirmed by payment order No. 395. Accordingly, the amount of debt decreased by this amount. The supply agreement also specifies the amount of late fees.

Guided by articles 309,310, 330, 331 of the Civil Code and art. 4 APK, please:

• collect from the defendant the amount of debt consisting of the principal debt and penalties,
• recover from the defendant the costs of state duty on the statement of claim in the amount of 10,453 rubles.

Applications:

• supply agreement - 1 copy. on 10 sheets, copy,
• notification of receipt by the defendant of a copy of the claim - 1 copy. on 1 sheet, original,
• invoice No. 59603928 dated June 28, 2017 - 1 copy. on 1 sheet, original,
• payment order No. 395 - 1 copy. on 1 sheet, copy,
• receipt confirming payment of state duty - 1 copy. on 1 sheet, original.

General Director of Avelis LLC Kabachkov Ilya Sergeevich

Conclusion

If one of the parties fails to comply with the terms of the supply agreement, the other party may sue and recover money from the defendant. Therefore, in order to avoid getting into unpleasant situations, it is better to initially try to fulfill all the points of the agreement in a timely manner.

The document form “Approximate form of a statement of claim for debt collection under a supply agreement” belongs to the heading “Agreement for the supply of goods and products.” Save the link to the document on social networks or download it to your computer.

(name of the arbitration court,

to which the application is submitted)

Plaintiff: ______________________________

(Name)

______________________________________

(location)

Respondent: ____________________________

(Name)

______________________________________

(location)

Statement of claim

on debt collection under a supply agreement

Between the Plaintiff (Seller) and the Defendant (Buyer) was signed

supply agreement from N _______ from "__" __________ 20__ In accordance with

clause 1.2 of the contract name, quantity, quality and price of the goods

determined in accordance with the specification attached to the contract and which is

its integral part.

In specifications N _____ from "___" _________ 20__ and N ___ from "___"

20__ the parties agreed on the range and cost of the subject

supply of goods. The Seller delivered goods to the Buyer in the amount of ____ rubles.

By payment order dated "___"__________ 20__, the Defendant transferred to the Plaintiff

Rub. Thus, the Buyer has incurred a debt

Rub.

According to Article 486 of the Civil Code of the Russian Federation

after the seller has transferred the goods to him, unless otherwise provided by the code,

other law, other legal acts or purchase and sale agreement and not

follows from the essence of the obligation. If the purchase and sale agreement does not

payment by installments is provided for the goods, the buyer is obliged to pay

to the seller the price of the transferred goods in full. By virtue of Articles 309 and 310 of the Civil Code of the Russian Federation

obligations must be fulfilled properly in accordance with

terms of the obligation and requirements of the law and other legal acts.

Unilateral refusal to fulfill an obligation and unilateral change

its terms are not permitted, except as otherwise provided

In accordance with the terms of the contract, payment for the goods must be

produced within __________ from the date of delivery. Buyer's delay

amounted to _______________.

According to Art. 395 of the Civil Code of the Russian Federation for the use of other people's funds

due to their unlawful retention, evasion of their return, other

delays in their payment are subject to payment of interest on the amount of these funds in

the size of the bank interest rate. Interest rate for

the use of other people's funds is _________ rub.

Based on the above, guided by Art. Art. 309, 310, 395,

486 of the Civil Code of the Russian Federation, I ask:

1. Collect from the Defendant in favor of the Plaintiff the debt under the contract

deliveries N___ from "__" _______ 20__ in the amount of __________ rub.

2. To collect from the Defendant in favor of the Plaintiff interest for use

other people's funds in the amount of _________ rub.

Application:

1. Notification of delivery of a copy of the application to the defendant.

2. A document confirming payment of the state duty.

3. Copy of the supply agreement.

4. Copies of specifications.

5.Extract from personal account.

6. Calculation of interest.

7. A copy of the certificate of state registration as

legal entity.

8. Power of attorney or other documents confirming authority to

signing the statement of claim.

_____________________________

(signature of the plaintiff’s representative)

"__" ____________ 20__

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The presented statement of claim is aimed at collecting debt under the supply agreement.

In the theory of jurisprudence, it is believed that a statement of claim has two main elements: the subject and the basis of the claim.

The subject of any statement of claim is the violated right of the subject, in this case it is the right to receive money from the debtor for the supply of goods to him, as well as interest for the use of someone else's money. Thus, the subject of the statement of claim is the requirement contained in it, what the statement of claim is aimed at (for example, the collection of money under a supply agreement).

The basis of the claim is factual circumstances - legal facts, the occurrence of which is associated with the emergence of a specific right of the subject, in our case this is the right to receive payment for the supply of goods, and evidence confirming such circumstances.

The factual circumstances of legal significance in our case include:

— existence of a concluded supply agreement,

— fact of delivery of goods, confirmed by invoices, acceptance certificates or delivery notes,

- failure of the defendant to fulfill the obligation to pay for services within the terms established by the contract,

- rules of law (for example, articles of Chapter 30 of the Civil Code of Russia), which must be indicated in the statement of claim (in accordance with Article 125 of the Arbitration Procedure Code of Russia, the statement of claim indicates not only the plaintiff’s requirements, but also a reference to the law that provides for such methods of protection rights).

In addition to these main elements of the statement of claim, there must be others provided for in Article 125 of the Arbitration Procedural Code of Russia. For example, the statement of claim must include the name of the arbitration court where the claim is being filed, the name of the plaintiff, the debtor, their location addresses, the price of the claim, its calculation, information about compliance with the claim procedure, and a list of attached documents.

Sample statement of claim for debt collection under a supply agreement:

To the Arbitration Court of the Ivanovo Region

153022, Ivanovo, st. B. Khmelnitsky 59-bzx

Plaintiff: ________________________________

Respondent: ___________________________________

Address: ________________________________

Cost of claim: 44,212 rubles 80 kopecks.

State fee: 2000 rubles.

STATEMENT OF CLAIM

on debt collection

08/14/2015 between __________________________ (hereinafter referred to as the Plaintiff) and _______________________ (hereinafter referred to as the Defendant) a delivery agreement with deferred payment No. 50 dated August 14, 2015 was concluded, in accordance with which the Plaintiff undertook to transfer ownership of the Defendant, and the Defendant to accept and pay for the goods: Vibrating screed Redverg RD – SF1 in the amount of 1 pc. in the amount of 36,600 (thirty-six thousand six hundred) rubles 00 kopecks (including VAT).

In order to fulfill this agreement, the Plaintiff delivered to the Defendant the goods stipulated by the contract in the amount of 36,600 (thirty-six thousand six hundred) rubles 00 kopecks (including VAT), which is confirmed by invoice No. 171 dated August 28, 2015. and invoice – invoice No. 170 dated 08/28/2015.

The goods were accepted by the Defendant, as evidenced by his signing the delivery note. The same fact indicates that there are no claims on the part of the Defendant regarding the quantity, range, price and condition of the goods.

In accordance with clause 3.14. of the contract, acceptance of goods for quality (except for hidden and manufacturing defects) is carried out by the Buyer within 14 (fourteen) calendar days from the date of receipt. The absence of a statement from the Defendant about the supply of low-quality products to the Plaintiff within the specified period indicates the absence of claims to the quality of the goods on the part of the Defendant.

Thus, the Plaintiff fulfilled its obligation to transfer the goods into the ownership of the Defendant in full.

In accordance with clause 2.2. of the contract, the Defendant is obliged to make payment no later than two weeks from the date of receipt of the goods and the Plaintiff’s invoice.

The defendant did not fulfill the obligation to pay within the period stipulated by the contract.

The amount of debt of the Defendant to the Plaintiff under the agreement is 36,600 (thirty-six thousand six hundred rubles) 00 kopecks (including VAT).

In accordance with Art. 309 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, other legal acts, and in the absence of such conditions and requirements - in accordance with customs or other usually imposed requirements.

In accordance with Art. 310 of the Civil Code of the Russian Federation, unilateral refusal to fulfill an obligation and unilateral change of its conditions are not allowed, except in cases provided for by law. Unilateral refusal to fulfill an obligation related to the implementation by its parties of entrepreneurial activity and unilateral change in the terms of such an obligation are also allowed in cases provided for by the contract, unless otherwise follows from the law or the essence of the obligation.

In accordance with Art. Art. 454, 486 of the Civil Code of the Russian Federation, the buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by law or contract.

In clause 4.2. The parties to the contract established that in case of late payment for the received goods, the Supplier has the right to demand in writing from the Buyer to pay a penalty at the rate of 0.1% of the unpaid amount for each calendar day of delay in payment.

The amount of the fine for the period from September 12, 2015 to April 8, 2015 is 7,612.80 (seven thousand six hundred twelve) rubles 80 (eighty) kopecks.

Calculation of the amount of money to be recovered:
The delay from September 14, 2015 to April 8, 2016 was 208 days.
36,600 (amount of principal)*0.1% (amount of penalty)=36.6 rubles (for one day of delay)
36.6 rubles*208 (number of days overdue) = 7,612.80 rubles.
In accordance with Article 12 of the Civil Code of the Russian Federation, one of the ways to protect the right is to award the duty in kind.

Based on the above, and guided by Art. Art. 12, 309, 310, 330, 331, 394 Civil Code of the Russian Federation, Art. Art. 4, 125, 126, 106, 110 Arbitration Procedure Code of the Russian Federation

1. To recover from the Defendant in favor of the Plaintiff the amount of the principal debt in the amount of 36,600 (thirty-six thousand six hundred) rubles.
2. To collect from the Defendant in favor of the Plaintiff a penalty for failure to fulfill an obligation under the contract in the amount of 7,612 (seven thousand six hundred twelve) rubles 80 (eighty) kopecks.
3. To recover from the Defendant in favor of the Plaintiff the costs of paying the state duty in the amount of 2,000 rubles (two thousand) rubles.
4. To recover from the Defendant in favor of the Plaintiff the costs of legal services in the amount of 5,000 (five thousand) rubles.

Applications:
1. Supply contract No. 50 dated August 14, 2015.
2. Consignment note No. 171 dated August 28, 2015.
3. Invoice No. 170 dated August 28, 2015.
4. Reconciliation report of mutual settlements as of December 31, 2015.
5. A document confirming the sending to the Defendant a copy of the statement of claim and the documents attached to it.
6. Document confirming payment of state. duties.
7. Document confirming payment for legal services.
8. A document confirming the authority to sign the statement of claim.
9. Certificate of state registration of the Plaintiff.
10. Extracts from the unified state register of legal entities indicating information about the location of the Plaintiff and the Defendant, obtained from the official website of the Federal Tax Service of Russia.

____________/_________________________/

"____" _____________ 2016

Changes: January, 2019

Debt under the supply agreement — a situation that often occurs when two parties cooperate (customer and supplier), and the main reason is the failure of the recipient or seller to fulfill their obligations. In such a situation, one of the solutions is to file a claim and go to court. The question is how to do it correctly, and what judicial practice says. Let's consider these points in more detail.

Cooperation between buyer and supplier is based on a supply agreement, which is considered one of the types of purchase and sale agreements. Under this document, the seller undertakes to transfer products, equipment or materials to the other party to the agreement - the recipient - within a certain period. The latter has the right to use the goods for commercial interests. Interestingly, the role of the supplier in the matter of receiving the goods does not matter - he can purchase it at a lower price or personally engage in production.

For an agreement to be classified as “supply”, the recipient of the object of the transaction must use it for commercial (entrepreneurial) purposes. If the parties to the transaction have not agreed on the timing of the transfer of goods, they are delivered once a month in equal quantities. If there are other conditions in the law or contract, this parameter may be different. Initially, the task of supplying the products is performed by the seller, but the agreement may provide for a “collection of goods”, where the buyer personally comes to a certain location and personally receives the goods.

Subject to the law, the buyer is obliged to check or carry out other measures related to the receipt of the goods within a certain period. In addition, the agreement stipulates the period within which a claim for debt under the supply agreement or the timing of the transfer of goods can be filed. Also, the recipient of the product has the right to check the quality of the product and, taking into account the standards prescribed in the Civil Code of the Russian Federation (Article 513), notify the supplier of the low quality of the product (if any).

If the buyer has made a reasonable decision not to accept the delivered product (goods), he is obliged to ensure its storage. In this case, financial costs fall on the shoulders of the seller, who picks up the goods and pays for the recipient’s services. In turn, the buyer must notify of the existence of claims in advance and indicate the reason why he does not accept the products.

If the recipient does not inform the supplier of the refusal to accept the goods within the period established by the agreement, according to the law or taking into account the terms of the supply agreement, the seller has the right to demand the full amount of payments, regardless of the quality of the product.

It is worth noting that in case of inadequate quality of products, the buyer must issue a refusal in writing. Here a special act is filled out according to the sample, which is indicated in the annex to the agreement of the parties. In the absence of such, the act must contain information about specific non-compliances of the goods with the stated requirements. If possible, all deviations should be “linked” to current conditions, standards or GOSTs.

The recipient must not only notify the supplier of the fact of poor product quality, but also document this. Information is usually prepared and sent by registered mail. The situation related to incompleteness of delivered products is resolved in a similar way. The buyer has the right to return the goods in case of any deviation in the scope of delivery from what is reflected in the contract. Even if a small number of elements are missing, the object of the transaction is recognized as incomplete. As a result, a penalty is charged for late delivery, taking into account the conditions stipulated in the agreement between the parties. Sometimes the penalty is accrued until the day of actual delivery and is not limited by the duration of the agreement.

If the supplier does not eliminate the defects within the agreed (reasonable) period, including understaffing the goods, the recipient has the right to go to court and demand recovery of the difference in the cost of the ordered and actually received products. A breach of obligation allows the injured party to refuse to fulfill the obligations and terminate the agreement. In this case, the full cost of the transaction object is collected through the court.

In general, the subject of court proceedings under a supply agreement may be:

• Late delivery of goods.
• Incomplete completeness or low quality of the transaction object.
• Violation of the procedure for paying fines and settlements.

Another situation is possible when the goods are received and meet all requirements, but payment is not made. In such a situation, a statement of claim is also filed to collect the debt under the supply agreement. This is relevant for cases where the parties cannot resolve the problem without going to court.

Our lawyers know The answer to your question

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The “supply” agreement is always drawn up in writing. If concluded otherwise, it has no legal force. The agreement can be drawn up in the form of one or more documents. Papers that are directly related to the contract are transmitted in person, via email or fax. Based on judicial practice, it is desirable to draw up a single agreement, which contains the signatures of the participants and the wet seals of the participating organizations. With this design, the court will have fewer questions regarding the legality and relevance of the contractual relationship between the parties.

The supply agreement must reflect the specifics of the goods (volume and name), as well as accurately indicate the timing of the transfer of the object of the transaction. If the agreement is designed not for one, but for several deliveries within a certain time period or for a specific volume of goods, information on products and terms is specified in the contract in a general form. More detailed information can be found in the annex to the agreement. Moreover, each sheet is “linked” to a specific delivery. If a supplier files a lawsuit with a desire to collect debt under a contract, he must present not only the “body” of the contract, but also the annexes (specifications). In this case, the judicial authority can accurately determine the fact of lack of delivery or refusal of payment.

One of the key points in the agreement is the indication of the quality parameters of the product. In judicial practice, debt collection is carried out not only because of the lack of delivery of goods, but also because of their low quality. In the latter case, the buyer bears losses and has the right to demand compensation. This is easy to explain, because the recipient received the goods, but he cannot resell them.

Special attention should be paid to the procedure for settlements between the parties, as well as penalties for late payment. But it is worth considering that the trial often extends over a long period of time and takes from one month to six months. As a result, high interest accrues on the total amount of debt. The same situation occurs in the case where the supplier delivered a product of poor quality.

Subtleties of filing a claim for debt collection under a supply agreement

In arbitration legislation, compliance with the dispute resolution procedure specified in the supply agreement is of key importance. That is why any proceedings in the relationship between supplier and buyer begin with the submission of a claim to the party that violated the terms of the agreement. The document clearly sets out the claims and demands with reference to the points in the document or appendices that have been violated. If there are none, the claim is made with reference to legal norms.

In addition, the claim indicates the amount of the current debt, as well as information about the collection of additional penalties, namely penalties or fines. We must not forget about other expense items - payment of state duty and payment for the services of lawyers representing interests in court. As a result, the initial payment amount increases.

In practice, there are many cases where, after receiving a claim with all the consequences of non-payment of the debt, the counterparty took active steps to cover the debt obligations. If this does not happen, a lawsuit is being prepared to collect the debt through the court. The document is submitted to the arbitration court, which is located at the place of residence of the defendant party. It is possible to appeal to an authority “linked” to the legal address of the debtor. If the party to the agreement is a representative office or branch of the company, you must refer to its address.

What are the requirements for a claim?

When filing a statement of claim, it is necessary to focus on the requirements of the Arbitration Procedure Code of the Russian Federation (Article 125). The document is drawn up according to a specific template, which is easy to find on the Internet. The application must be accompanied by the documents listed in the article mentioned above, namely:

• The agreement and its annexes (if provided), payment papers and invoices.
• Papers confirming compliance with the procedure for submitting a claim. This includes the notification notice, receipt from the post office and other documents.
• Payment order confirming payment of the state fee for filing a claim. The amount of payment can be calculated taking into account the requirements of Article 333.21 of the Tax Code of the Russian Federation. In this case, the payment order must bear the seal of the banking institution.
• Papers that confirmed the authority of the plaintiff. This could be an extract from the Unified State Register of Legal Entities, a decision to appoint a general director, a power of attorney, and others.
• Documents confirming the fact of sending the claim and applications to the debtor, as well as to other parties participating in the case.

It is worth considering that financial papers must be presented in originals. In addition to the mentioned documents, a petition for the application of security measures or the request for evidence can be attached to the statement of claim. If necessary, this can be done immediately or during the process.

If the claim is filed in compliance with the necessary rules, and the required package of papers is attached to it, the court accepts the documents for consideration and determines the court date. If there are errors, the claim may be sent for revision or “freeze” without consideration. In the latter case, the plaintiff will be asked to make changes and submit the required package of papers. Only after this does a full-fledged trial begin.

When filing a claim in arbitration court, it is important to understand that the process lasts more than one day. As noted above, it can take several months. If there is no money in the debtor’s accounts, the execution of the court decision will take no less time. In addition, during the proceedings, the court may have additional questions to which it is important to respond quickly. If additional evidence is required, it will have to be provided quickly. Possible situations when “surprises” are presented by the opposite side.

That is why such cases must be handled with the assistance of experienced lawyers who know the nuances of the debt collection procedure under a supply agreement, have experience in resolving such issues and are able to respond to court demands in a timely manner. In addition, experienced lawyers are contacted not only on these issues, but also to solve a number of other problems - debt collection under a lease or contract.

Once again about the penalty

When formalizing a contractual relationship for the supply of goods, simultaneously with the main obligations (advance payment, terms and specifications), conditions regarding penalties must be provided. This term is synonymous with the same penalty or fine that the debtor must transfer to the creditor in case of failure to fulfill the obligations specified in the contract, or in the event of their fulfillment, but in an improper form. A penalty may also be charged in case of delay in fulfilling obligations. The parties have the right to limit the amount of the penalty, but within reasonable limits.

Thus, the supply agreement reflects the period by which the penalty must be accrued, the cases and amount of payment of the fine, and the specifics of paying a penalty for failure to fulfill obligations. If this information is not in the agreement, the collection of funds is carried out taking into account the norms prescribed in Article 395 of the Civil Code of the Russian Federation.

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