Systematization of accounting
06/27/2018 Contents _______________________________________ (name of organization or full name of individual entrepreneur - carrier) address: ________________________________ telephone: __________, fax: ___________, email. address: ____________________________ from _____________________________________ (name of organization or full name.
individual entrepreneur - shipper) address: ________________________________ telephone: __________, fax: ___________, email.
address: ____________________________ “___”________ ____ between ____________________ (hereinafter referred to as the “carrier”) and _______________________ (hereinafter referred to as the “shipper”), Contract for the carriage of goods No. ___ was concluded, according to which the carrier undertook to provide containers “___”______________ _____. for loading, unloading at the address: ___________________ and delivering them to the address: ___________________, and the shipper agreed to pay for transportation in the amount of _____ (___________) rubles.
According to clause
How to write a letter of complaint
A letter of claim (or otherwise a letter of complaint) is a type of business correspondence that is used in cases where one party to a contractual relationship expresses in writing to the other party dissatisfaction with the quality of fulfillment of obligations or informs about their complete absence.
As a rule, a written complaint is preceded by oral negotiations (in person or by telephone), which do not have the expected effect.
Regardless of whether preliminary negotiations have been held or not, a written complaint is the most correct way to resolve problematic situations. This is due to the fact that immediately, from the moment of creation, it acquires evidentiary legal force, and in most cases, it allows you to deal with the issue in the shortest possible time.
Claim for vehicle downtime
Contents: In accordance with clause ___ of Agreement ____________ N ___ dated “___”_________ ____
The carrier “___”_________ ____ at ___ hours ___ minutes submitted the vehicle (or: specialized vehicle), namely _______________________, for loading (or: unloading), which is confirmed by ___________________________. At the same time, during loading (or: unloading) there was a delay (or: downtime) of the vehicle (or: specialized vehicle) for _____ hours, which is confirmed by ___________________________.
In accordance with Part 4 of Art. 35 of the Federal Law of November 8, 2007 N 259-FZ
“Charter of road transport and urban ground electric transport”
for delay (downtime) of vehicles submitted for loading, unloading, respectively, the consignor and consignee pay for each full hour of delay (downtime) a fine in the amount established by the contract for the carriage of goods, and if the amount of the specified fine is not established in the contract for the carriage of goods , in the amount of five percent of the freight charge for transportation in urban or suburban traffic (or: one percent of the average daily freight charge for transportation in intercity traffic, determined in accordance with the deadline established by the contract for the relevant transportation).
The carrier's claim for payment of a fine for delay (or: demurrage) of motor vehicles (or: specialized motor vehicles) submitted for loading (or: unloading)
Subject of the document: Text version file: 7.4 kb Save the document: _________________________________________ (name or full name.
Option if the amount of the fine is provided for in the contract: According to paragraph.
consignor/consignee) address: _________________________________ from _____________________________________ (full name or name of carrier) address: ________________________________, telephone: ___________, fax: ___________, email address. mail: _______________________ "___"_________ ____
between ________________________________________ and (full name or name of the carrier) __________________________________________ Agreement ___________ (full name or name of the shipper) N ___ was concluded, according to which the cargo, namely ________________, must be delivered “___”_________ ____ G.
_________________________________________.
(Full name or name of the consignee) In accordance with clause ___ of the Agreement ____________ N ___ dated “___”_________ ____
Where can I complain about the work of carriers?
In Moscow and the Moscow region, the main provider of transport services is the state enterprise Mosgortrans. This enterprise accepts applications from citizens in various forms: by telephone, electronically, and also in paper form. The letter can be sent by mail or transmitted through the secretary of the organization.
Reference! Anonymous requests often remain unconsidered for a long time.
By telephone
The fastest way to file a complaint is to call the Mosgortrans hotline. The call makes it possible to quickly record an application without spending a lot of time on the procedure.
Be prepared to provide the following information:
- your full name , residential address and telephone number;
- route number and license plates of the vehicle;
- date and time of the violation (sometimes the operator asks to indicate the location of the incident);
- details of the violation itself.
This method of filing is usually used to report a minor violation.
By Russian Post
The classic way to file a complaint is to send a claim by registered mail to the official address of Mosgortrans: Moscow, 115035, Raushskaya embankment, 22/21, building 1.
This method makes it possible to confirm the fact of filing an application and not leave it without consideration. But for this you need to receive a shipping receipt at the post office.
The disadvantage of this method of consideration is that you need to spend time going to the post office, and you will also need to wait until the letter reaches the recipient. Therefore, you should not count on a quick response from the organization.
Via the official website of Mosgortrans
This method is considered the most convenient. The official website of the enterprise www.mosgortrans.ru already has a ready-made form that you just need to fill out. The company's grievance officer will accept your complaint and respond to it by email or post.
To the Ministry of Transport
You need to contact the Ministry of Transport in the department for working with citizens' appeals.
It is best to write complaints to the territorial unit - the Department of Transport and Road Infrastructure Development.
The application can be left on the hotline +7(945)-555-55-55, the official website of the organization transport.mos.ru, brought in person to the office or sent by mail to the address: Russia, Moscow, street 1905, 25.
To the Municipal Administration
There is an option to deal with unscrupulous carriers at the local government level. The application methods are the same as in the previous case. The complaint must be reviewed within a month. The response is sent in a manner convenient for the applicant, which he must indicate in the complaint.
On the Dobrodel website
This resource is available for Muscovites at: https://dobrodel.mosreg.ru. You need to register on it, and then select the desired section and leave your complaint with a detailed description.
The claim will be processed within two days. After this time, a person responsible will be appointed and a time frame for resolving the conflict will be indicated.
Claims and acts in cargo transportation
What to do if the cargo arrives damaged or missing?
What actions should be taken if the transport arrived late or did not arrive at all, disrupting loading?
What should the carrier do if his vehicle, which arrived for loading, is refused to be loaded, or if the cargo is refused during unloading?
There is only one way out in all these situations - to draw up a report, and then a claim and send them to the carrier or customer.
Let's figure out what these documents are and why they need to be drawn up at all. In Government Decree No. 272 of April 15, 2011, Chapter VII is allocated to claims and acts. Article 79 establishes the cases in which an act is drawn up, these are: a) failure to remove, through the fault of the carrier, the cargo provided for in the contract for the carriage of goods; b) failure to provide a vehicle and container for loading; c) loss or shortage of cargo, damage (spoilage) of cargo; d) failure to present cargo for transportation as provided for in the contract for the carriage of goods; e) refusal to use a vehicle provided on the basis of a charter agreement; f) delay in delivery of cargo; g) delay (downtime) of vehicles provided for loading and unloading; h) delay (downtime) ) containers owned by the carrier and provided for loading.
Notes on the preparation of the act are made in the waybill and work order.
Types and features of a letter of claim
Debt repayment letter
In such an application, it is necessary to indicate the exact amount of money owed. In addition, you must write the date of repayment of the debt and all provided fines and penalties if the debt is not repaid. Note that even if the agreement did not provide for interest, the borrower can still demand payment of remuneration for the use of his money. This is stated in Article 395 of the Civil Code.
In order for the counterparty to understand what amount we are talking about and what it consists of, you must make a detailed calculation of the amount. The entire calculation can be included in the claim letter.
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Letter to customer or supplier
In this case, it is necessary to indicate which clause of the contract was violated. Often, the date for fulfilling obligations under the master plan is violated. This may be the delivery of objects under a construction contract or a delay in payment.
In order to somehow back up your claims, you can use the articles of the Civil Code that officially establish these relationships. For example, if the overall quality of the work performed turned out to be low, you can use Article 723 of the Civil Code.
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Complaint about product quality
This is perhaps the most popular type of claim letter. A product that does not fully perform its standard functions is considered low-quality. So, in the sample claim letter, you must indicate exactly what defect the product has.
According to the legislation of the country, such a claim can only be filed during the warranty period or for two years, starting from the date of purchase.
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Claim against a banking institution or insurance company
Let us say right away that adhesion agreements are credit agreements or insurance agreements. Simply put, the client cannot agree on any clause from the contract with the bank or insurance company. There are two options: you either agree or you don’t. But after signing the contract, the illegal clause can be corrected or completely canceled.
So, the claim letter must contain a disputed condition. You must refer to the rule of law that this condition contradicts. If the letter of claim does not work, the bank can be threatened not only with the court, but also with the Central Bank.
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Claims against transport companies
The following violations are possible on the part of any transport company:
- Disruption of deliveries of cargo or any goods.
- The goods were not delivered in full.
- The delivered product is of poor quality.
- The delivery of personnel or cargo was overdue.
All responsibility will directly depend on the type of transport. For example, if the cargo was delivered by rail, then the late fee will be about nine percent for each delayed day. For this reason, in this case it is necessary to refer not to the Civil Code, but to the contract itself.
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Sample characteristics from the place of work
Self-registration of individual entrepreneurs: step-by-step instructions from A to Z
Claim to the shipper for payment of a fine
> > _______________________________________________________ [name of the Carrier, OGRN, INN, location, telephone, email address and other details] _______________________________________________________ [name of the Shipper, OGRN, INN, location, telephone, email address and other details] Ref. _______________________________ [outgoing message number, document date] Claim for payment of a fine for delay (downtime) of motor vehicles submitted for loading __________.
[date of conclusion of the agreement] between __________ [name of the Carrier] and __________ [name of the Shipper] a contract of carriage was concluded __________ [number of the agreement and its name] (hereinafter referred to as the Agreement) under the terms of which __________ [terms of the agreement].
In accordance with clause ____ of the Agreement [specify clause of the agreement] Carrier “___”__________ ____
How to correctly write a claim to return a product to a store?
If defects are detected in the quality of the purchased product, you have the right to demand that the seller return the defective item or exchange it for a similar one. In this case, the claim must contain:
- a statement of the circumstances under which the purchase was made, indicating its date, time and place;
- details of a sales or cash receipt (the absence of a payment document is not a reason for refusing to accept a claim);
- description of the product and its main operational characteristics, including serial number, article number and other data;
- description of identified deficiencies and their impact on the consumer properties of the product;
- an offer to the seller to organize an examination of the item at his expense, in case of doubt about the validity of your statements;
- a method of delivering large goods weighing over 5 kilograms to a retail outlet (according to the law, this responsibility falls on the seller).
When filling out a claim document, be sure to find out the correct name of the organization that owns the outlet. Otherwise, you will incorrectly indicate the addressee, and the document will not be considered legally.
How to invoice for vehicle downtime
Evdokimova Natalya Author PPT.RU July 29, 2021 A fine for vehicle downtime is the amount of compensation calculated for delaying a vehicle outside of acceptable standards.
Let's figure out what standards are established by law in 2021 and how to correctly process and calculate the amount of compensation. ConsultantPlus TRY FOR FREE Legislative regulations regarding vehicle delays are established in several legislative acts. In particular, it establishes the right of the carrier to hold the shipper liable.
The reasons for penalties may be delays in cargo, non-use of provided transport for other reasons.
The carrier's claim for payment of a fine for delay (downtime) in excess of the norms of containers owned by the carrier and submitted for loading and unloading
Subject of the document: Text version file: 7.0 kb Save the document: _______________________________________ (name of organization or full name.
The standards and procedure for collection are determined individually, in accordance with the charters and codes of companies, and by agreement of the parties, in accordance with agreements and contracts. In addition to the Civil Code of the Russian Federation, the issue is also resolved in.
individual entrepreneur - carrier) address: ________________________________ from ____________________________________ (name of organization or full name of individual entrepreneur - shipper) address: ________________________________ Claim for payment of a fine for delay (downtime) in excess of the norms of containers owned by the carrier and submitted for loading, unloading " ___"________ ____ G.
between __________________________________________ and (name or full name.
We recommend reading: Adding a clause to the charter by decision of the sole participant
carrier) _____________________________________________________ an Agreement for the carriage of (name or full name of the consignor) of cargo No. ___ was concluded, according to which __________________________________________ obliged (name or full name of the shipper).
carrier) "___"______________ _____ g.
How to properly file a claim under a service agreement?
Its form is no different from a similar document written on any other occasion. The main thing is to specify your requirements exactly:
- free elimination of deficiencies made during the provision of services;
- compensation of costs if you eliminated the defects yourself;
- termination of the agreement under which the service was provided with full or partial reimbursement of its cost;
- repeated provision of the service at the expense of the second party;
- reduction in cost is commensurate with the reduction in quality;
- payment of penalties under the contract (penalties, fines).
If the service agreement did not specify any penalties for non-fulfillment of obligations, you have the right to demand payment of a penalty.
Claim for forced car downtime
To whom ________________________ (name of organization) dated ________________ (full name) CLAIM “____” ________________ 20____ between _________________________________ and (date) (name of the applicant party) _______________________________________ an agreement was reached on the transportation of (name of the defendant party) along the route ___________________________________________________________________ (transportation route) of cargo “__________________________________________________________________________” (name of the cargo to be transported as agreed)
Vehicle downtime
The reasons for such downtime are varied.
In the event that downtime occurs for a reason depending on the customer of the transport, the carrier must properly record these facts, otherwise difficulties arise in proving the fact of downtime.
Waybills and waybills are mandatory documents for road transportation
As is known, for the transportation of goods or passengers by road, waybills and waybills are used as mandatory documents, incl. international standard, which are necessary to reflect the work performed by the carrier.
Thus, in column 22 of the international consignment note “CMR” (hereinafter referred to as the CMR consignment note), the date and actual time of arrival of the vehicle for loading and its departure are indicated. This information is certified by the sender of the goods with a signature (with transcript) and stamp.
In column 24 of the CMR consignment note, the recipient indicates the date of receipt of the cargo, the time of arrival of the vehicle for unloading and departure after its completion in hours and minutes.
For information
Instructions on the procedure for issuing an international consignment note “CMR” were approved by Resolution of the Ministry of Transport of the Republic of Belarus dated February 20, 2012 No. 11. The form of the CMR consignment note is an appendix to this Instruction.
The invoice form TTN-1 and Instructions for filling out standard forms of primary accounting documents TTN-1 “Consignment note” and TN-2 “Consignment note” were approved by Resolution of the Ministry of Finance of the Republic of Belarus dated December 18, 2008 No. 192.
Excessive vehicle downtime is subject to payment by the customer
The basis for a road carrier to file a claim against the customer of road transportation for demurrage of a cargo vehicle:
• during loading (unloading) there are marks in the waybill and waybill (if the standard form of waybill contains the relevant details) about the time of arrival and departure of the cargo vehicle (clause 108 of Rules No. 970);
Mistakes made when registering downtime
It would seem that everything is quite simple: you need to record excess downtime by making appropriate notes about it in the shipping and transport documents, and demand payment for it.
However, practice shows that sometimes such evidence is simply not enough. And this happens because the parties actually use various documents confirming downtime during loading or unloading: a downtime card, a downtime sheet, an arrival and departure sheet, and at the same time they are careless about their execution.
There is no established form of document confirming demurrage for general use, nor does it have a name.
As follows from the above, the downtime map at the loading or unloading point can be replaced by a mark on arrival and departure, made, for example, in a CMR consignment note.
Example 1
Downtime of the vehicle beyond the specified time is paid by the Customer, subject to written notification to the Customer before the expiration of the above time. In this case, it is necessary to submit original documents confirming the fact of downtime: a CMR consignment note with the appropriate mark and a downtime card signed by the consignor (consignee), with a stamp and signature of the director.
Example 2
The Carrier is obliged to promptly inform the Customer in writing about the possibility of downtime and subsequently provide the Customer with signed original documents (downtime cards) confirming the fact of delay of the vehicle in transit, downtime at the sender (recipient) of the cargo, at the customs of transit countries for the successful resolution of problems, in the event their occurrence for the above reasons.
Let's analyze the given texts.
What is the carrier's mistake?
As you know, the customer of transportation is not always the shipper or the consignee directly. Therefore, an agreement with the customer that downtime cards must be signed by the latter with his stamp affixed, in practice turns out to be an impossible condition, which entails a refusal to collect and pay for downtime on a formal basis.
How to do it right?
In the contracts, it is more logical to agree with the Customer that the downtime card will be drawn up at the place of loading or unloading and signed at the place of loading (unloading) by a representative of the person carrying out these works.
Also, do not rush to make mandatory the condition that there is a transcript of the signature or an indication that the downtime card must be signed only by the head of the relevant legal entity, since in practice this can also be very difficult to fulfill.
If the parties have clearly determined that the demurrage card must be signed by director , then when the card is signed by another person of the shipper, the carrier has a formal basis on which the court will refuse his request to pay for the demurrage.
Note!
While the requirement to issue demurrage cards at loading or unloading points can be somehow agreed upon, the issue of registration of demurrage in customs control zones during inspection of vehicles remains unresolved: customs officers do not always make a mark on demurrage cards issued by carriers.
The simplest recommendation in case of downtime at customs would be to immediately notify the transportation customer about such cases in writing.
In this case, the driver sends a message about the delay during inspection to the carrier’s office, and a written message is sent from the office to the transportation customer.
The same must be done in the case when the shipper or consignee refuses to issue demurrage cards (affix the appropriate stamps and signatures). In this case, we recommend that you make notes in the shipping documents (CMR invoice, TTN-1) to confirm your request for payment for downtime.
The form of the downtime act must be agreed upon by the parties to the contract
When including in contracts a condition on the preparation of downtime cards (sheets), the parties often forget to agree on a sample of such a document and determine its status in relation to the contract. Or, when registering downtime, they forget that they did not fully comply with the contractual terms and did not make a note about downtime in the invoices or did not put seals (stamps) on the downtime cards.
The practice of the economic courts of the Republic of Belarus shows that when establishing the fact of downtime, all submitted documents are evaluated in their entirety: applications, invoices, CMR invoices, downtime cards (if any), etc.
When considering disputes in arbitration courts regarding the collection of fines for downtime from Russian customers, the question often arises: what is a downtime card, who approved its sample, and why should this document, and not marks in invoices, confirm the fact of excess downtime?
Therefore, when concluding a contract, do not forget that the demurrage card (sheet) is not a document approved at the legislative level, on the basis of which payment under the contract must be made, therefore its form must be agreed upon with the transportation customer. For example, indicating that the form of the document is an annex to the contract, and therefore, in this form it is mandatory for use.
Documents confirming downtime may look different, but the fact that the carrier receives penalties for downtime depends on their detailed and correct completion.
Do not forget about other formal actions agreed upon in the contract, which may become the basis for refusing a claim for payment for downtime, for example, the obligation to promptly and in writing inform the customer about the occurrence of downtime.
The form of such a written communication must be agreed upon by the parties to the contract, since any downtime affects the implementation of transportation.
For example, when transporting goods by road in international traffic, following the norms of the Convention on the Contract for the International Carriage of Goods by Road (CMR) of May 19, 1956, the carrier is obliged to request instructions from an authorized person if it is not possible to carry out transportation on CMR terms (Articles 14, 15 CMR).
Claim for idle time of a vehicle under unloading
Contents: Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) in Art. 794 establishes the general right of the carrier to hold the shipper liable in the event of failure to present cargo or failure to use the provided vehicles for other reasons.
Specific measures of liability, according to historical tradition, are provided for by the charters and codes of the relevant modes of transport, as well as by agreement of the parties. Federal Law of November 8, 2007 N 259-FZ
“Charter of road transport and urban ground electric transport”
(hereinafter referred to as the Charter) establishes the legal liability of the consignor/consignee for downtime in accordance with paragraph.
4 tbsp. 35 of the Charter. In this connection, we can cite the following signs of vehicle downtime in relation to road transport and highlight the necessary grounds for liability for downtime. Firstly, downtime of vehicles, according to the Charter, is possible only when loading or unloading cargo.
In accordance with paragraph.
Pre-trial claim is your will or duty?
The desire of the victim to resolve the conflict peacefully is quite understandable, since in this case:
- the time frame for resolving the issue is reduced, material requirements will be satisfied faster;
- there is no need to prepare a package of documents required for submission to the government authority;
- There are no additional costs in the form of payment of state duty or examination costs.
You always have the opportunity to try to deal with the violator by outlining your requirements in the complaint.
If in your appeal you refer to evidence that you are right, it will be more beneficial for the other party to resolve the situation peacefully, without unnecessary noise
If previously the claim procedure for resolving disputes remained at the discretion of the injured person, then since 2021, changes have been made to the Civil Code of the Russian Federation, making the procedure mandatory under certain circumstances. In Art. 4 of the Arbitration Procedure Code of the Russian Federation states that civil cases are accepted for consideration by the court only after 30 calendar days have passed after the claim has been sent to the violator. This applies to economic disputes when the result of satisfying demands is the transfer of funds or material assets.
The claim procedure does not have to be followed if the essence of the issue is:
- in determining the circumstances of the proceedings that have legal significance;
- declaring an organization, private entrepreneur or citizen bankrupt;
- in resolving corporate conflict;
- in protecting the interests and rights of a group of people;
- in carrying out proceedings based on a court order;
- in monitoring and assisting arbitration in relation to the work of arbitration tribunals;
- in recognizing as valid and accepted for execution decisions, acts and other legal acts issued by authorities of foreign states.
Also, a claim procedure is not needed if representatives of federal and local governments apply to arbitration in order to protect the public interests of people and organizations.
If, in the cases specified in the law, you have not gone through the mandatory procedure for peaceful resolution of the conflict, your claim will be refused.
Sample claim for vehicle downtime
What to do if the cargo arrives damaged or missing? What actions should be taken if the transport arrived late or did not arrive at all, disrupting loading? What should the carrier do if his vehicle, which arrived for loading, is refused to be loaded, or if the cargo is refused during unloading?
There is only one way out in all these situations - to draw up a report, and then a claim and send them to the carrier or customer.
Let's figure out what these documents are and why they need to be drawn up at all. In Government Decree No. 272 of April 15, 2011, Chapter VII is devoted to claims and acts.
Article 79 establishes the cases in which an act is drawn up, these are: a) failure to remove, through the fault of the carrier, the cargo provided for in the contract for the carriage of goods; b) failure to provide a vehicle and container for loading; c) loss or shortage of cargo, damage (spoilage) of cargo; d)
The carrier's claim for payment of a fine for delay (or: demurrage) of motor vehicles (or: specialized motor vehicles) submitted for loading (or: unloading)
"___"_________ ____ G.
between ________________________________________ and (full name)
or name of the carrier) __________________________________________ Agreement was concluded ___________ (F.I.O.
or the name of the shipper) N ___, according to which the cargo, namely ________________, must be delivered to “___”_________ ____
__________________________________________. (Full name or name of the consignee) In accordance with clause.
___ Contract ____________ N ___ dated “___”_________ ____ the carrier “___”_________ ____ at ___ hours ___ minutes delivered the vehicle (or: specialized vehicle), namely _______________________, for loading (or: unloading), that confirmed by ___________________________.
At the same time, during loading (or: unloading) there was a delay (or: downtime) of the vehicle (or: specialized vehicle) for _____ hours, which is confirmed by ___________________________.
Summary
A claim is an effective tool for pre-trial resolution of conflict situations. It can be used in the areas of trade, services, banking and insurance. In disputes related to economic relations, the law regulates the mandatory claims procedure.
The court will not accept a claim if the peaceful settlement procedure has not been carried out properly
The form of the claim is not defined by the regulations of the Russian Federation. It must be drawn up in writing and contain a clear statement of your requirements and the deadlines for their fulfillment by the guilty party, an exact indication of the amount to be transferred and its calculation. Attached to the paper are documents proving your case.
The appeal should be sent by post with a notification and a list of attachments or by e-mail. The most reliable option is personal delivery to the addressee with a receipt. If all these rules are followed, the claim will be valid and will contribute to resolving the problem amicably. This will save time and achieve the desired result earlier.
Source of the article: https://pravoved.ru/journal/pretenziya-obrazec-kak-pravilno-napisat/
