A public offer is an offer to enter into a contractual relationship addressed to a wide range of people. What relates to a public offer and what actions an offer will be discussed in this article.
Definition of offer: how to say it in simple words
How to prepare an offer?
Sample letters of proposals for concluding contracts for the provision of services and supplies
In what cases is a public offer used to conclude a contract?
Why do advertisements include the note “not a public offer”?
Definition of offer: how to say it in simple words
An offer under the Civil Code of the Russian Federation is defined as an offer to complete a transaction addressed to one or more persons (individuals or legal entities). Depending on the type of contract proposed for conclusion, an offer can be ordinary and public.
What is this - a public offer - in simple words? This is an offer made to an unlimited and at the same time indefinite number of addressees. Anyone can accept such an offer. The form of the offer coincides with the form of the transaction being made, that is, it is possible both orally and in writing.
In commercial practice, an offer is often a draft agreement sent by an interested party to a potential counterparty. It is sometimes said that this is a contract of offer . However, it can also be in the form of a business letter - in this case, the draft agreement is developed by the parties after reaching agreement on all points. An example of an offer in everyday life could be, for example, an appeal from the owner of a summer cottage to a neighbor regarding the sale of surplus vegetables. Or contacting a friend with an offer to give away an item for temporary use (baby stroller, sled, etc.).
What legal requirements must the offer ? Let us list the main provisions on the offer of the Civil Code of the Russian Federation :
- the offer is of a specific nature and clearly expresses the intention of the offeror (the initiator of the contractual relationship) to conclude a transaction;
- sent to one or several entities at once;
- denotes all the essential conditions of the future agreement (i.e., those without which this type of transaction cannot be formalized): for example, for a sales agreement, the condition of the sale of the object will be essential, and for a contract agreement - the conditions of the work performed and an indication of the deadline for its completion;
- an offer received by the addressee cannot be withdrawn during the period of time provided for giving a response to it (however, the admissibility of its withdrawal may be stipulated the offer
If the subject who received the offer is completely satisfied with it, he can accept it (for example, sign the received draft agreement, send a response letter of consent to formalize the transaction, and actually begin executing the agreement). Silence does not equate to acceptance of the offer of the Civil Code of the Russian Federation. According to the code, acceptance is required to conclude a contract, but the opposite practice is also found among entrepreneurs.
Letter of proposal to conclude an agreement indicating the main conditions
Silence does not equate to acceptance of the offer of the Civil Code of the Russian Federation. Info → Forms → Offer → Proposal to conclude an agreement (offer) Subject of the document: Offer Text version file: 2.5 kb Save the document: Download the document » Sample document: On the organization’s letterhead Ref. N » » g.
To: Address PROPOSAL TO CONCLUSION OF AN AGREEMENT (OFFER) Hereby (name of the organization making the offer) offers (name of the organization to which the offer is sent) to conclude an agreement (two copies of the text of the agreement signed on our part with all the conditions are attached).
This offer is valid until » »
We consider the acceptance of our offer to be the signing by your party (the name of the organization to which the offer is sent) of the attached agreement with its subsequent transfer (by » » year). (name of the organization making the offer) By » » Why do they make the note “not a public offer” in the advertisement?
The law says that, as a general rule, advertising is not recognized as an offer.
Letter of consent
Such a standard form is convenient because employees do not need to think about the wording; they only need to provide the necessary organizational details and signatures.
A handwritten message will indicate a warmer, more friendly attitude of the sender towards the recipient. The letter is written in one original copy, information about it must be entered in a separate log of outgoing correspondence (here you should put a note about the date and number of the message). The letter must be signed by a representative of the sending company.
It is best, of course, if the director of the company (as the only authorized executive body of the enterprise) or a person temporarily performing his functions puts his autograph on it.
Letter of proposal to conclude a contract sample
Important
- How to write an offer (letter of proposal) Sample offer Download sample offer
Offer (offer agreement) is a type of cooperation agreement.
When writing an offer agreement, the main obligations of the transaction, quantity, quality, price of the product and other possible conditions are stipulated.
Attention The offer precedes the final part of the contract.
The parties involved in the offer contract are called the offeror and the acceptor.
The offeror makes the offer and the acceptor is the receiving party. In a public offer, several persons or enterprises may be participants. How to write an offer (letter of proposal) A letter of proposal is written either in response to a letter of request or at the initiative of the sender.
The offer is drawn up in writing or orally: by telephone, during negotiations between the parties to the transaction. An offer can be drawn up in the form of a draft agreement, which one party to the transaction sends to the other.
How to write an offer (offer letters)
An offer or an offer agreement is a business proposal to conclude a transaction, setting out all the terms of the agreement regarding cooperation and is addressed to a specific person or a specific circle of persons expressing certain intentions.
Proposals may concern such details of the transaction in the contract as the names of products, their quantity and quality, as well as conditions, terms and methods of delivery and cost.
You can download examples of offer letters (offer letters) below! As for the proposal, it is written in response to a letter of request, either in response or on the initiative of the sender himself.
The offer is made in writing; it is also allowed in oral form during a telephone conversation or negotiations between two parties to the transaction.
The offer agreement can, if desired, be drawn up in the form of a contractual draft, which is sent by one of the parties to the transaction to the other. When sending a response, you should reflect in it either your consent (which is called acceptance) or make those changes or additions that you consider necessary, or even refuse the proposed conditions and not accept them.
If the proposal is accepted by the party, then in this case a contract is concluded between the parties or an order is issued, which will be considered acceptance of this proposal.
If a refusal is received, then correspondence should continue until a complete agreement is reached between the parties.
The structure and form of drawing up an offer agreement corresponds to a sample business letter and provides for the following positions:
- Header of the company document (indication of the position and full name of the recipient, as well as the name of the organization)
- Registering a letter with its number and date
- Title (“Oh...”)
- If necessary, make a request
It must state the essence of the proposal itself, indicating the main conditions of the proposed transaction.
They are formulated in the following form: “We are pleased to recommend you a contract for “We offer to your attention...” “We are glad to offer you...”, etc.
.
Letter of guarantee of intent to conclude a contract
account 31098776543212345690
- BIC 094567891
- Tel/fax, fax
- Email:
- Full name of the director, position (in full), acting on the basis of Nikolai Ivanovich Kovalsky, Chairman of the Board, acting on the basis of the Charter
- Full name of the head accountant (in full) Semenikhina Maria Timofeevna
- Corr. check
- Bank name and address
- Checking account
- Address: (Legal address, Postal address)
- Customer (full legal name):
- Tel/fax
- BIC
- INN/KPP
Head __________________ / Kovalsky Nikolay Ivanovich / MP Authorized person (full name, telephone): Kovalsky Nikolay Ivanovich, 8 (6550) 23 56 78 Form of letter to the General Director (name of legal entity) (full name) Letter on concluding an agreement Please conclude an AGREEMENT (type of agreement).
Proposal to conclude an agreement (offer)
→ → → Subject of the document: Text version file: 2.5 kb Save the document: On the organization's letterhead Ref. N _____________ "__"__________ ____ g.
To: ________________________ ______________________________ Address ________________________ PROPOSAL TO CONCLUSION OF AN AGREEMENT (OFFER) Hereby _____________________________________________________ (name of the organization making the offer) invites _______________________________________________________ (name of the organization to which the offer is sent) to conclude an agreement _______________________________ (two copies of the text of the agreement with all conditions signed on our part are attached). This offer is valid until "___"__________ ___.
Acceptance of our offer is considered to be your signing by __________________________________________________________ (name of the organization to which the offer is sent) of the attached agreement with its subsequent transfer (by “___”_________ ____) __________________________________________.
(name of the organization making the offer) Until “___”__________ ____ the year ____________________________ (name of the organization making the offer) reserves the right to withdraw this offer at any time.
We guarantee, for our part, the immediate fulfillment of our obligations under the presented agreement after you accept the terms of this offer. M.P.
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How to prepare an offer?
A written proposal to conclude a transaction is sent both at the initiative of the offeror himself and in response to a request from the other party. It may be in the form:
- a detailed draft agreement, which contains even minor details;
- a letter containing the most important conditions under which cooperation is possible;
- a message that indicates only the essential terms of a future transaction.
A business letter with a proposal to formalize a transaction includes the following components:
- a header containing the addressee's details;
- outgoing number and date;
- details of the letter to which the response is given (if the offer is sent in response to someone’s question about the possibility of cooperation);
- title;
- appeal (if the document is addressed personally to the manager);
- body of the offer (this part of the document lists the conditions under which the author of the letter agrees to conclude the contract);
- signature of the sender indicating his full name and position.
For your reference, a sample offer is posted on this page.
You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.
Letter proposal offer sample
At the same time, an oral offer made over the phone or during negotiations can also be considered an offer. The most common structure of such a document is as follows:
- Addressee details.
- Number and date of registration of the written proposal.
- Title of the document (“On cooperation”, “On delivery”, “On concluding an agreement”, etc.)
- Content part.
- Signature of the official who wrote the offer letter.
Offer agreement: sample document Public offer: sample document Sample firm offer document Frequently asked questions: How is the legal regulation of offers carried out in Russia? Letters of offer are covered in Articles 435-449 of the Civil Code of the Russian Federation. What is acceptance? Acceptance is the partner’s consent to all points specified in the proposal and the subsequent conclusion of an agreement.
Why do advertisements include the note “not a public offer”?
The law says that, as a general rule, advertising as an offer . This is quite logical, because the purpose of advertising is to present goods and services in a favorable light, and not to convey to consumers all the conditions for their purchase.
However, if the text of the advertisement includes all the essential terms of the future contract, then the advertisement is considered an offer . And if such an advertising offer is intended for all respondents, then it is a public offer .
An offer obliges the person who made it to enter into an agreement precisely on the conditions that were specified in it. For example, if we are talking about selling a refrigerator of a certain model at a price of 15 thousand rubles, then it can no longer be put up for sale at a different price. Therefore, advertisers, as a rule, are not interested in the advertising they distribute having signs of an offer .
is not a public offer is often found in advertisements - in this way advertisers expect to leave themselves an escape route. In fact, the addition of this note does not play a significant role, since the legislator does not give the right, even with the help of such a clause, to turn an advertisement that is an offer into an advertisement that is not one.
In other words, if an advertising offer includes essential terms of the transaction and extends to an indefinite number of persons, then it is considered a public offer, regardless of whether there is a note about it.
How to write a letter of guarantee for payment: writing sample
Most often, letters of guarantee are drawn up when it is necessary to guarantee the fulfillment of obligations to pay for goods and services. A letter of guarantee for payment contributes to reaching an agreement with the supplier, in other words, recognition by the debtor of arrears in payment.
To correctly write a letter of guarantee, you must adhere to a formal business style. This document is drawn up on an A4 sheet, or, if available, on a specially designed letterhead of the organization, with its name, logo and all the necessary details. When writing a letter, you should be guided by the general rules of business correspondence and office work standards. The letter of guarantee should be characterized by unambiguous wording, transparency and clarity of the intentions of the “guarantor”.
A letter of guarantee drawn up by a legal entity must contain the following information:
- Standard details of a business letter, date of document preparation and outgoing number.
- Amount to be paid;
- Details of the main document - the basis for the debt (agreement, invoices, acceptance certificates);
- Terms (date) of payment;
- Bank details of the debtor;
- The amount of penalties and fines that are imposed on the payer in case of improper fulfillment of obligations;
- Any other information relevant to the parties to the transaction.
The document is “sealed” with the personal signature of the originator and the company seal of the organization. Unlike other types of letters of guarantee, the letter of payment is also signed by the chief accountant, if there is a corresponding unit on staff.
Sample letter of guarantee on payment for goods: sample letter
Let us give an example (sample) of a letter of guarantee from a legal entity to a legal entity.
The letter of guarantee is drawn up on company letterhead (if available) and is assigned an outgoing number.
General Director of LLC "NIKO"
Prosvirova E.N.
From the director of OJSC "Metallurg"
Ezhov P.P. Tel. 89634567843Letter of guarantee
OJSC "Metallurg" guarantees to pay the debt for the received goods - bearings in the amount of 125,644 rubles by December 23, 2017 in accordance with the terms of the main agreement No. 65 dated September 12, 2020 to a single personal account 1667877777. In case of non-compliance with obligations payment of the specified amount on time, OJSC "Metallurg" will be obliged to pay a penalty in the amount of 1% of the debt amount for each day of delay in payment. 02.11.2017 Head of the enterprise ___________ Ezhov P.P.
Chief Accountant * ___________ Anisimova A.V.
(signature) (signature decryption)
* if there is no chief accountant at the enterprise, you can note: we notify you that there is no position of chief accountant in (company name).
Sample letter of guarantee for payment for services and work
Let's give an example of writing a letter of guarantee from an individual to an organization.
To the Director of Shield and Sword LLC
Ivanchenko Ilya Mikhailovich
from Petrenko Vladimir Vladimirovich,
living at the address: Volgograd, st. Gafuri, 15 apt. 13. Contact phone: +7 555555555I, Petrenko Vladimir Vladimirovich, undertake to pay for the work performed by Shield and Sword LLC, in accordance with the contract for the provision of services dated 04/18/2016 No. 2 in the amount of 18,600 (eighteen thousand six hundred) rubles until 07/19/2017.
Painting (Petrenko V.V.)
You can obtain a letter of guarantee regarding payment for services on the Internet or simply copy the text from this page.
A letter of guarantee to pay for work is written similarly to a letter about services.
Letter of guarantee, sample of work performed
This letter usually confirms the intention to perform work under the contract within a certain period.
To the Director of StroyTehGazprom LLC
Semenyuk to Stepan Sergeevich
from MontazhNaladka LLC
, Moscow, st. Kovalevskoy, 15 apt. 13.MontazhNaladka LLC guarantees the performance of work stipulated by agreement 25/15 dated April 21, 2014, concluded between MontazhNaladka LLC and StroyTekhGazprom LLC until October 24, 2017.
Painting (Petrenko V.V.)
Concept
For a supplier whose field of activity is related to the customer’s needs, a commercial proposal is an official document that confirms the cost of his goods, work, services with certain characteristics for a specific period, but does not entail an obligation to conclude a contract.
Part 2-6 art. 22 44-FZ describes the rules for applying the market analysis method and indicates that when justifying the cost of a contract using this method, it is necessary to compare prices for goods or services that are similar to the object of the planned purchase. To do this, you need to obtain up-to-date information on market prices. And the easiest way to do this is to request a commercial proposal (a sample can be seen below) from companies that supply such goods or provide similar services.
Procedure for obtaining information about prices
Methodological recommendations have been developed for the use of methods for determining the NMCC (Order of the Ministry of Economic Development of Russia dated October 2, 2013 No. 567). To collect data on prices, it is recommended that the customer send requests for price information to at least five suppliers, and in determining the NMCC use at least three prices that are provided by different suppliers (clause 3.19).
The algorithm for submitting such a request is as follows:
- Write a description of the procurement object, indicating its quantitative and qualitative characteristics (read the article “How to write a technical specification for a tender”).
- Indicate the essential conditions for the supply of goods and performance of work that affect their cost: territorial location, delivery time, completion of work, availability of a guarantee, the need for adjustment, installation, training of persons, etc.
- Select the target audience of the newsletter. At the same time, according to the recommendations of the Ministry of Economic Development, suppliers must have experience in similar supplies, including experience in executing contracts without the use of penalties over the past three years. At this stage, the customer can use information retrieval systems or publicly available directories of organizations. You can check how the supplier performed contracts within the framework of 44-FZ and 223-FZ on the website of the Unified Information System (EIS) in the register of contracts. To do this, you need to enter the name or TIN of the winner.
- Fill out a request and send it to potential partners. At the same time, according to the Ministry of Economic Development (Letter No. D28i-1308 dated May 10, 2016), in order to justify the NMCC, it is considered acceptable to use fax or email to submit requests and receive responses.
- Get an answer, analyze the data and draw up a rationale.
Please note that the validity period of the commercial offer under 44-FZ has not been established. This information must be included in the response document. This is done to eliminate justification based on irrelevant prices.
Prices from previous periods (more than six months from the period when the NMCC was determined) must be brought to the current level by applying a conversion factor.
In addition to sending requests to suppliers, the Ministry of Economic Development recommends carrying out several more procedures: searching for prices in the EIS contract register, collecting and analyzing publicly available price information (advertising, catalogues, statistical reporting, etc.).
Legal force of the letter of guarantee
The Civil Code of the Russian Federation does not contain legislative norms regulating the concept of a “letter of guarantee”, so this document is rather not so much an official confirmation of the fulfillment of obligations as a measure of psychological influence on the counterparty, reflecting the seriousness of intentions, and also serves as evidence in court.
But does this mean that the letter of guarantee has no legal force? Based on the current legal practice in the Russian Federation, we can conclude that the legal force of such a document directly depends on its content and correctness of execution. To give the letter the force of a contract, it is worth turning to Articles 435-443 of the Civil Code of the Russian Federation. If, for example, the supplier intends to supply goods or provide a service, he can send the customer a letter of guarantee with a proposal for the upcoming delivery (offer), and if the customer gives a positive response to this proposal in writing (acceptance), such documents can be considered in as evidence of contractual obligations that are legally binding in the event of litigation. The main thing is that the offer contains essential conditions for the provision of services, performance of work or delivery of goods. For example, a clear list of goods, delivery times, types of services and the period for their provision. Without such conditions, the offer may be considered insignificant.
Important: Judicial practice on the issue of letters of guarantee is varied; in each specific case, the legal force of the letter depends on the content of the document, the positions of the parties in the case and other factors. Therefore, a letter of guarantee should not be considered a reliable legal guarantor of the fulfillment of obligations, and, if possible, it is best to replace it with a guarantee agreement.
The only “advantage” of a letter of guarantee is the fact that it interrupts the statute of limitations. For example, after the creditor has received a letter of guarantee acknowledging the existence of a debt, the limitation period, which is generally provided for 3 years, is recalculated.
