How to process the return of goods to the supplier - documents, filing a claim for the return of goods

How the claim procedure is carried out

The claim procedure describes the pre-trial settlement of a dispute in the arbitration process, which includes all legislative norms and rules for conducting negotiations and resolving issues that have arisen. There is a wide list of conditions under which disputes that arise must be resolved and regulated exclusively in court (the example of a claim for all points will be the same).

A claim to a store or other institution can be made on the following points:

• Upon expiration of the lease agreement;
• During the expiration of the alimony agreement (a notarized agreement drawn up without the participation of the court on a voluntary basis);
• In case of violation of the terms of fulfillment of obligations regarding MTPL insurance policies;
• If violations of the terms of delivery of mail or ordered correspondence are observed;
• If any disputes arise regarding the provision of transport services (including rail, water, air transport);
• If the terms of provision of communication services are violated;
• Errors or gross failure to fulfill obligations on the part of the tour operator;

You can send a letter of claim to a banking institution, insurance company, store or service salon (when selling low-quality products or providing services whose quality does not meet the stated standards). It is also important to file a claim against suppliers, buyers (in case of failure to fulfill contractual obligations), tour operators, and contractors.

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Useful to know: how to file a complaint with Rospotrebnadzor.

Legal basis for returning goods

You can return items to the supplier in two cases:

• If the product does not meet the requirements specified in the terms of the contract (low quality, lack of necessary accompanying documentation, lack of packaging, etc.). Inadequate quality can be detected at the time of receipt of the objects of a trade transaction, during the sales process, and so on. Often, when selling, the supplier issues the buyer a warranty document, which stipulates the time frame during which he can exchange defective items or return the money.
• Return by mutual agreement of the parties. It also happens: the supplier fulfilled his part of the deal and delivered things of proper quality to the buyer, the seller accepted them, and later found out that these were not exactly the products he wanted. Of course, the buyer may want to refuse this product, but the supplier is not obliged to accept it back in this case. However, the buyer can agree with the seller on a return by mutual agreement of the parties. Then a so-called reverse sale agreement is concluded, according to which the buyer will actually act as a supplier, and the supplier will act as a buyer. In this case, it is necessary to reflect this fact in the tax document in order to avoid double payment of VAT.

In some cases, the supplier may refuse to exchange the goods or return the money, but then he will need to prove that the damage:

• occurred due to the fault of the buyer,
• was caused by force majeure (so-called force majeure situations).

What is the time frame for reviewing a claim?

According to current legislation, the period for consideration of a claim is not strictly described in the law. A clear deadline is established only for relatively certain types of relationships (replacement of goods, elimination of defects, etc.). Differences may exist in various categories of law (meaning the reasons for writing such a letter).

The deadline for responding to a claim is often set personally when drawing up clauses of the contract for the provision of a service or the supply of a particular product. If this is not in the document, then there are several regulations that can be used to guide you regarding the time period for consideration of applications.

Example

For example, the response to a claim (time frame) according to the law in the field of transportation should not exceed 1 calendar month. When writing such a letter regarding violations of the terms of provision of communication services, a response can also be expected from 1 month.

For some types of contracts, the maximum period for dispute resolution is set at 5 days. For example, the period for filing a claim regarding poor product quality is 14 days. It is at this time that the buyer has the right to return goods of inadequate quality. This deadline for responding to a claim under the consumer protection law is described in the provisions of the consumer protection law.

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By the way, find out how to file a complaint about the inaction of a bailiff?

Sample complaint form to supplier

A complaint is a type of document that is created as written claims by one party to a contract about the quality or timing of the fulfillment of its obligations by the other party.

For example, a person may be dissatisfied with the quality of the product he received, its quantity, assortment, or the timing of delivery.

Contents of the complaint

The complaint usually contains reasons for dissatisfaction and demands to correct the situation.

For example:

• replace the product;
• reduce the price due to the actual quality being lower than stated;
• address defects;
• to pay damages;
• compensate for the inconvenience;
• set a new deadline;
• fix all errors and so on.

In all these cases, citizens or legal entities can make complaints. But the main agreement must specify the procedure for resolving claims and disagreements.

A claim for the return of goods to the supplier is prepared on the basis of a report on identified discrepancies in the received goods in the TORG-2 form, a link to which must be included in the text of the complaint.

Rules for writing a complaint

Although the law does not provide for a strict form, the complaint report must be drawn up indicating the following information:

• date and outgoing number;
• full name of the organization of the recipient of the claim;
• Title of the document;
• reference to the main agreement establishing the agreements of the parties, namely the supply agreement;
• Name of product;
• its quantity;
• reasons for the claims;
• evidence of such grounds;
• amount of the claim for damages;
• signature and seal of the organization.

The complaint is accompanied by attachments designed to serve as evidence of violations and a list of which must be contained in the text of the act. They can serve as an act of acceptance of goods, a waybill and other documents. You can also refer to legislative acts to substantiate your requirements.

The form with a claim to the supplier is signed by the director of the legal entity that purchased the goods, as well as members of the commission, if there is one. You can send it by registered mail with notification, which will serve as proof of your complaint to the supplier.

If the supplier does not respond to the stated requirements, taking into account their competent written execution, then you can safely turn to the court to protect your rights.

Below is a standard form and a sample complaint to the supplier, a version of which can be downloaded for free.

Consequences in relation to the defendant

It is a prerequisite for the defendant to respond to the letter of claim. This must be done even if the described problem or dispute is resolved immediately. A claim, the sample of which establishes the rules for its preparation, must have a response in writing or electronically (for example, by email). In the absence of a response, the claimant has the right to regard this as an unwillingness to resolve the dispute voluntarily. If the deadline for responding to a claim is violated, the complainant has the right to appeal to the courts or other government authorities.

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The response must describe that the claim was accepted (the date of acceptance must be established and the resolution of the dispute must be described). The letter also agrees on the time frame for solving the problem (for example, the period for returning low-quality goods or providing services not provided). Additionally, it is allowed to attach documentary evidence of violations of the described conditions to the claim letter itself or in response to it. The period for reviewing the letter must correspond to the reasonable time limits described above.

It is useful to know how to return goods of inadequate quality.

Sample claim letter

The claim may be based on clauses (conditions) of a previously drawn up contract. For example, if you have a contract for the provision of services on the part of the contractor and it also describes the terms of execution. If you do not want to go to court, you can write this letter. To do this, it is important to know how to write a claim, a sample of which contains the required points.

Please note that the letter can be transmitted to the recipient in several relevant ways: by e-mail (fax), delivery personally to the director, owner of the enterprise, sending by courier or mail (registered mail).

Knowing how to write a letter or complaint, the sample of which contains all the necessary information, will help you avoid lengthy and costly litigation. For the recipient, such acts should be the last warning link before going to court or other government agencies (for example, the tax service or a consumer protection society).

Fact

Download a sample claim for a refund under warranty

Types of claims

Claims can be classified according to a wide variety of criteria. Below are some of them.

Based on the content of the requirement:

• About the return of goods and receipt of money paid for it.
• On eliminating product defects.
• About replacing goods.
• Correcting errors made during the provision of services.
• On termination of the work contract, etc.

By type of agreement:

• Purchases and sales.
• Provision of services.
• Execution of work.

To addressees:

• To the seller.
• To the carrier.
• To the developer.
• Bank.
• Insurance company.
• Supplier, etc.

An act of complaint (or simply a complaint) is considered as a special type of claim. This is a letter written by a business partner who is dissatisfied with the cooperation to the counterparty, that is, the other party to the contract. It contains requirements that must comply not only with the law, but also with the terms of the agreement.