Application for termination of the provision agreement sample. The demand (claim) of the buyer to terminate the supply contract and indemnify for losses due to repeated violation of the terms of delivery of goods

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How to write an application correctly

The law does not provide for a clear application form for terminating the contract, therefore it is written in an arbitrary form, but taking into account the general rules for processing such documents.

Organizations usually develop contract termination forms, but this does not mean that this form must be used. This only indicates that it is convenient for them to accept applications in this form.

Usually, in various organizations, the forms for applications for termination of the contract are most often similar to each other.

Please note that the following elements must be included in the application:

  • information about the parties to the agreement (customer and contractor) - the name of the legal entity, last name, first name, patronymic of the responsible persons, addresses and contacts;
  • a request to terminate the contractual relationship, indicating the date of their termination;
  • reasons for termination of the agreement, indicating the number and date of signing the agreement, as well as the subject of the agreement;
  • date of compilation and signature of the compiler.

ATTENTION! View the completed sample application for termination of the service agreement:

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Notice of termination of the service agreement

The notice of termination of the agreement is drawn up in writing by the initiator of the termination of the contractual relationship.

It must describe the desire, and the reasons for termination must be objective and weighty, because otherwise the other party to the contract may refuse to terminate the contractual relationship.

Please note! The process of termination, if the party is against the termination of relations, can drag on for a long time.

Methods of presenting the application to the other party

A written request to terminate the contractual relationship is provided to the other party in any of the following ways:

  • personally by the compiler of the application or his representative by proxy. In this case, the application is brought to the office or other department dealing with such applications, and a mark is made on the second copy, which remains with the applicant, upon receipt of the application. The mark consists of the date of receipt, last name, first name, patronymic and position of the person who accepted the application;
  • by registered mail with acknowledgment of receipt of the letter. By the way, do not ignore the inventory of attachments in this case;
  • by e-mail, if this procedure is provided for by the terms of the concluded agreement;
  • personal account, Internet banking or using electronic document management, if it is provided for by the contract.

Watch the video. Termination letter:

Grounds for termination of the contract by law

Important! Termination of the contract is possible when the obligations or terms of the contract are violated. Violations of the terms of the contract must be significant, otherwise they will not be recognized as valid.

Such violations include:

  • missed deadlines for the performance of work ordered under the contract;
  • non-compliance of the quality of the work performed with the one stated in the contract;
  • unauthorized change of personnel performing contractual work, if these personnel have lower qualifications than necessary;
  • delay in payment under the contract or payment was made, but not in the amount specified in the contract;
  • force majeure or the occurrence of force majeure circumstances that make it impossible to continue cooperation.

To make a claim, it is necessary to prescribe the terms and amounts in the contract. Failure to comply with these clauses of the contract will be the reason for the termination (termination) of the contractual relationship.

Deadline for consideration of the application on the merits

The application must be considered by the second party within ten days from the date of its receipt by the second party. Although the period for consideration of a request for termination of the contract can be prescribed in the contract at its conclusion.

Please note! In case of violation of the deadlines for consideration of the application, its originator may apply to the court to terminate the contractual relationship.

Termination of the contract unilaterally

Termination of contractual relations unilaterally and unilateral refusal to fulfill obligations under the contract are often confused and equated between them.

Incorrect wording is often used in the text of concluded agreements, for example: “a party has the right to unilaterally terminate this agreement by notifying the other party in advance”, etc.

It is concluded by the parties on a voluntary basis for a certain period. If one of the parties to the contract wishes to terminate it ahead of schedule, then it is necessary to send a letter to the second counterparty to terminate the service agreement.

According to the general rule established in Article 450 of the Civil Code of the Russian Federation, one party cannot withdraw from the contract without good reason. Termination of the agreement by decision of only one of the parties is permissible through the court only in the following cases:

  • In case of serious violations of the contract by another counterparty (violation of deadlines, provision of low-quality services or services not in full);
  • On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.

Note! In Art. 450.1 of the Civil Code clarifies that if the legislative act or the agreement provides for the cancellation of the contract by the decision of one participant, then the moment of termination of the contract is the date the other counterparty receives a notice of termination of the contract.

Article 450 of the Civil Code of the Russian Federation "Grounds for changing and terminating the contract" and 450.1 of the Civil Code of the Russian Federation "Refusal of the contract (performance of the contract) or the exercise of rights under the contract"

The possibility of unilateral withdrawal from the agreement for the provision of services is provided for in a special rule that applies exclusively to contracts for the paid provision of various services. So, in article 782 of the Civil Code of the Russian Federation it is stipulated that you can not apply to the court if:

  • The contract is canceled by the customer, who paid the contractor all the actual costs;
  • A letter of withdrawal from the contract is submitted by the contractor, provided that he has compensated the customer for the losses incurred.

If the condition for repayment in connection with the performance of the contract for paid services of the contractor's expenses or the customer's losses is not met, the injured party has the right to appeal the unilateral decision to withdraw from the contract in court.

Can be terminated early

Agreement for the provision of services (medical, financial, legal), etc. is concluded for a specified period. Termination of the contract earlier than the established period is possible in the following circumstances:

  • Failure to fulfill the terms of the contract due to the fault of one of the participants;
  • Circumstances have arisen that do not allow further fulfillment of the contract (for example, relocation, imposition of sanctions, closing of the supplier's company, etc.).

Note! Early termination of the contract can be made by mutual agreement of the parties, which is the most acceptable option for both the customer and the contractor.

You can cancel the contract ahead of schedule both before the start of the provision of the service, and in the process of receiving it. However, after the service has been rendered, a refusal is not allowed. Upon termination of the contract, the participants must compensate for the damage associated with the early cancellation of the contract.

If the parties have not reached a consensus, the contract can be terminated before the expiration date unilaterally (on the basis of Article 782 of the Civil Code of the Russian Federation and the provisions of the contract) or by filing a claim with the court (if the losses were not compensated voluntarily).

How to write correctly

In order to withdraw from the service contract, the applicant must send a letter to the other party. After receiving the notification, the second participant must respond within 30 days.

The form of the letter of refusal of services is not approved at the legislative level, however, this document should contain the following data:

  • In the right corner of sheet A4, the so-called header is indicated: the name and address of the applicant and recipient of the notice;
  • In the middle of the sheet it is written: “Notice”, and on the line below it is specified: “on termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
  • The text of the notification contains the details and the name of the agreement that was concluded, the name of your organization (or the name of the individual) and the name of the other party to the agreement;
  • A reference is made to the article of the law or/and the contract, which is the basis for its annulment;
  • In the final part, state your requirements or obligations. For example, if the notice is submitted by the customer, it is indicated: “I undertake to pay (cover) all losses incurred in connection with the termination of the contract.” If the termination of the contract is carried out due to the guilty actions of the other party, the applicant may demand the payment of fines, penalties, interest, which are provided for by the contract;
  • Signature of the applicant, seal of the company (if the notification is submitted by a legal entity) and date of preparation of the document.

You can transfer the notification directly to the contractor or customer. In this case, it is advisable to print the letter in two copies and ask to sign on receipt of the letter on your copy.

It is also allowed to send a letter of withdrawal by mail, but always with a notification of receipt.

Important! The agreement is considered terminated not from the moment the letter is sent, but from the time when the representative of the customer or contractor receives it.

LLC "Precedent"

address: Moscow, street, Lesnaya, 25, office, 34

phone: _____________

from CJSC "Zarya"

address: Moscow, Prospekt Mira, 26, office 15

telephone: ______________________________

NOTIFICATION

on unilateral withdrawal from the contract for the provision of legal services

On June 20, 2016, between me, Alexander Viktorovich Semenov, director of the Zorya ZAO, hereinafter referred to as the Customer, and Sergey Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Contractor, a contract for the provision of legal services No. 1 was concluded, hereinafter referred to as the "Contract". In accordance with clause 25 of the Agreement, in case of violation of the terms for the provision of legal services, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement dated June 20, 2016 No. 1 on the basis of paragraph 1 of Art. 450.1, Article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement is considered terminated from the moment the Contractor receives this notification. We demand to return the sum of money in the amount of 50 thousand 450 rubles (fifty thousand four hundred and fifty rubles) by 01.12.2016 for legal services not provided.

01.10.2016 Signature

When to go to court

Despite the fact that the Civil Code of the Russian Federation provides for the possibility of terminating the contract at the initiative of one party, the need to go to court may arise if the contractor or customer refuses to compensate for losses.

However, in order to have the authority to go to court, you should first try to resolve the dispute out of court by filing a notice of termination of the contract and a claim for damages.

If the counterparty refuses to cover material damage within the period specified in the letter, but no later than 30 days from the date of delivery of the notice, you can go to court, be sure to attach a copy of the notice of termination of the service agreement to the claim.

General Director of the Company
limited liability
"CONTRACTOR",
Legal address:
RF, 000000, Moscow, st. Pinocchio, 1,
sq. 1

From: Ivanov Ivan Ivanovich,
registered at:
RF, 000000, Moscow, st. Pinocchio, 111,
building 1, apt. 253
mob. tel.: + 7-900-000-00-00

PRE-JUDICIAL CLAIM

I, Ivanov Ivan Ivanovich, "___" ___________ 201__, signed a contract for the provision of services for the selection of an apartment.
The cost of the Contractor's services in accordance with the contract for the provision of services for the selection of an apartment dated "___" _______________ 201_ is 00,000.00 rubles.

Under this contract for the provision of services for the selection of an apartment, you have undertaken to provide me with informational services on the procedure for the acquisition by individuals and legal entities of real estate objects, in particular Apartments, including in new buildings, as well as on the procedure for concluding and executing participation agreements in the shared construction of multi-apartment residential buildings, contracts for the assignment of rights of claim, share accumulation contracts, investment contracts or preliminary sales contracts, etc., as well as provide services for the selection of an Apartment in a new building for the purpose of further acquisition of the Apartment.
And also on "___" _____________ 201__, I signed an agreement with your company for the provision of paid services for registration of ownership.
The cost of the Contractor's services in accordance with the contract for the provision of services for a fee dated "____" _____________ 201__ is 0,000.00 rubles.
Under this agreement, the Contractor undertakes to perform on behalf and at the expense of the Customer legal actions to register the ownership of the apartment, - Rooms - 1, site No. 1, 1st floor in section No. 5 of a residential building at the address:
Moscow region, Ivanovsky district, the rural settlement of Baranovo, near the village of Kulikovo, plot 1, position 1 in accordance with the planning project, the approximate area (including auxiliary premises) is 54.32 sq.m.

I fulfilled my obligations under the contract in full, having paid the amount of 00,000.00 rubles under both service contracts, which is confirmed by payment documents.

Due to family circumstances, I am forced to refuse services and terminate the contract. In this regard, I applied to the office of your company with a request to terminate the service agreements signed with me and demanded a refund. The manager of your company refused my request.
By virtue of force, the consumer has the right to terminate the contract for the performance of work (rendering of services) at any time by paying the contractor a part of the price in proportion to the part of the work performed (rendered services) before receiving a notice of termination of the specified contract and reimburse the contractor for the expenses incurred by him up to this point in order to fulfill the contract if they are not included in the specified part of the price of the work.
In connection with the refusal to voluntarily satisfy my requirements, I was forced to apply for, in connection with which I suffered material losses in the amount of 10,000 rubles.
At the same time, on the basis of the consumer's demand for the return of the amount of money paid for the goods, as well as the requirement for compensation for losses caused to the consumer as a result of the sale of goods of inadequate quality, or the provision of inadequate information about the goods, are subject to satisfaction by the seller (manufacturer, authorized organization or authorized individual entrepreneur, importer ) within ten days from the date of presentation of the relevant request.

Based on the foregoing, guided by

REQUIRE:

1. Terminate contract No. 12-3-8-3/3917654 for the provision of services for the selection of an apartment dated "___" ______________ 201__ and return to me the money paid by me, minus the actual costs incurred related to the execution of the contract;
2. Terminate the contract No. 12-3-8-3 for paid services from "___"
_______ 201__ and return to me the money paid by me, minus the actual expenses incurred in connection with the execution of the contract;
3. Compensate for the losses incurred by me in the amount of 10,000 rubles per;
4. Consider this written appeal and satisfy the requirements stated in it within 10 days after receiving this claim.

Applications:

1. A copy of the contract for the provision of services for the selection of an apartment dated "__" ______________ 201_;

2. A copy of the contract for the provision of services for a fee dated "__" ______________ 201_;

3. A copy of the receipt of payment for the contract for the provision of services for the selection of an apartment;

4. A copy of the receipt of payment for the contract for the provision of services for compensation;

5. Copy of payment receipt.

Date of compilation: "____" ______________ 201_

_______________________________
(full name/name
parties to the Treaty
buying and selling apartments)
address: ________________________

From ____________________________
(full name/name
parties to the Treaty
buying and selling apartments)
address: _______________________,
phone fax: ______,
E-mail address: ______

Requirement (claim)
on termination of the contract of sale of an apartment

"__"________ ____ between __________________________________________ and
____________________________________________ the Purchase and Sale Agreement was concluded
apartments N ___________ (hereinafter referred to as the Agreement), in accordance with which
___________________________________ undertook by "__" ________ ____
(indicate full name / name of the seller)
to transfer ownership of ____________________________________________ apartment,
(indicate full name / name of the buyer)
located at: __________________________________, with a total area
___________________, living area ____________________, cadastral number
______________________________, a _________________________________________
(indicate full name / name of the buyer)
- pay ______ (_______________) rubles by "__" _______ ____
Clause ________ of the Agreement provides for an obligation
______________________________________________ ___________________________.

At the same time, this obligation __________________________________
(indicate full name/name
parties to the Agreement)
not performed (or: improperly performed, namely: ____________),
which is confirmed by _________________________________.
The specified violation of the terms of the Agreement is for
__________________________________________ significant, which is confirmed
(indicate full name / name of the party
Agreements)
________________________________________.
___________________________________________________________ fulfilled his
(indicate full name/name of the party to the Agreement)
obligations under the Agreement in full, which is confirmed
______________________________________________.
In accordance with Art. 309 of the Civil Code of the Russian Federation
obligations must be properly performed in accordance with
the terms of the obligation and the requirements of the law, other legal acts, and if
in the absence of such conditions and requirements - in accordance with customs or other
usually required requirements.
According to paragraphs. 1 p. 2 art. 450 of the Civil Code of the Russian Federation
at the request of one of the parties, the contract may be amended or terminated by
court decision only in the event of a material breach of the contract by the other party.
Violation of the contract by one of the parties, which entails
for the other party such damage that it is largely deprived
what she was entitled to expect at the conclusion of the contract.
In accordance with paragraph 2 of Art. 452 of the Civil Code of the Russian Federation
a request to amend or terminate the contract may be made
party to the court only after receiving the refusal of the other party to the proposal
change or terminate the contract or failure to receive a response within the period specified
in the offer or established by law or contract, and when it
absence - within thirty days.
Based on the foregoing, in accordance with paragraphs. 1 p. 2 art. 450
of the Civil Code of the Russian Federation, clause ___ of the Sale and Purchase Agreement
apartments from "__"________ ____ city N ______________,
______________________________________________ requires termination of the Agreement
(indicate full name / name of the contracting party)
purchase and sale of an apartment from "__" _______ ____ g. N __________ in the next
order: _______________________________________________ (draft Agreement on
termination of the Contract for the sale of the apartment is attached).
In the event of a full or partial refusal to satisfy this
requirements (claims), the applicant will be forced to go to court with a claim
statement to protect their rights and legitimate interests.

Application:
1. Documents confirming violations of the terms of the Agreement.
2. Documents confirming the materiality of violations of the terms of the Agreement.
3. Documents confirming the proper performance by the applicant of his
obligations under the Agreement.
4. Draft Agreement on termination of the contract for the sale of an apartment).
5. Other documents confirming the circumstances on which the plaintiff
bases its claims.

"__"__________ ____ G.

_______________/________________
(signature/full name)

Unfortunately, poor-quality provision of services under the contract or their failure to perform today is a common phenomenon. And the presentation of a pre-trial claim in writing will be one of the ways to protect your rights and interests as a consumer. We will tell you how to properly file a claim under a service agreement in our article.

A pre-trial claim under a service agreement is the first and main step towards restoring your rights and interests in the event of a breach of contractual obligations by the other party to the agreement. Dispute resolution under this agreement will be possible in the future only if there is a claim correspondence with the counterparty.

In what cases can a claim be made under a service agreement?

The procedure for drawing up a contract for the provision of services for a fee is regulated by paragraph 1 of Art. 779 of the Civil Code of the Russian Federation, which states that the contractor assumes obligations to perform certain actions, and the customer, in turn, is obliged to pay for the results of these actions. If one of the parties to the agreement refuses to fulfill its obligations or fulfills them improperly, the other party to the agreement has the right to make demands for the elimination of the violation, having passed a certain. Non-performance (improper performance) of obligations by the contractor under a service agreement can be expressed in the following forms:

  • failure to meet the deadlines specified in the service agreement;
  • in the event that the contractor refuses to fulfill contractual obligations unilaterally and refuses to compensate the customer for the losses incurred by him;
  • refusal to pay a penalty and other penalties if the contractor has committed a violation of the terms for the provision of services.

Cases of non-fulfillment of obligations by the customer, as a rule, are expressed in violation of the terms of payment for the services performed.

Important! According to Russian law, the untimely provision of services under the contract or their poor quality performance is considered as improper performance of obligations and is the basis for filing a pre-trial claim.

Claim under a service agreement: requirements

The main task of the requirements presented in the pre-trial claim is to force the counterparty to fulfill the obligations that it contains, however, at the same time, any specific requirements depend on the terms of the contract and the type of violations. If the contractor most often makes demands on the customer for payment for the services performed, then the latter has a fairly wide list of grounds for filing a claim. So, for example, the customer has the right to make demands:

  • on the elimination of deficiencies that were identified after the provision of the service, free of charge;
  • for reimbursement of expenses incurred by the customer, eliminating the identified deficiencies independently or with the involvement of third parties;
  • on termination of the contract and further reimbursement of expenses (for example, the buyer of a tour package, if there are substantial grounds for this, has the right to refuse services with the issuance of claims for the return of the cost of the tour and tickets);
  • to reduce the cost of the service provided if there are substantial grounds for this;
  • on repeated gratuitous provision of the service (these requirements are imposed, as a rule, in cases of impossibility to eliminate the shortcomings identified after the provision of the service);
  • to pay forfeits, penalties and other sanctions that were provided for in the contract for the provision of services.
Important! On the basis of Article 332 of the Civil Code of the Russian Federation, the customer has the right to require the contractor to pay a penalty even in the event of full or partial payment for the services rendered. In the same way, the contractor has the right to present claims to the customer for the payment of a penalty if the latter has violated the terms of payment in accordance with the contract.

How to make a claim under a service agreement: the main points of the document

Russian legislation does not provide for a single form of claim under a service agreement, that is, the document is drawn up in writing in a free form. However, it is worth considering that a claim under a service agreement is most often the subject of litigation, therefore, when drawing up it, it is necessary to follow the procedure that already exists in practice. So, what should include a pre-trial claim under a service agreement:

  • Introductory part.

It includes full information about all parties to the contract (last name, first name, patronymic, place of residence, if it is an individual, or the location of the organization, if it is a legal entity). In the title itself, it is necessary to indicate the name of the document "Claim" and the number of the contract that is the dispute.

  • Descriptive part.

This section of the pre-trial claim must contain all the circumstances of the conclusion of the contract, in particular:

  1. number and date of conclusion of the agreement;
  2. the type of service provided;
  3. information about the parties to the contract;
  4. terms of the contract that were violated by the other party.

In addition, the descriptive part of the claim should detail the obligations that were not fulfilled or were not fulfilled in full or improperly.

Important! Each violated obligation specified in the pre-trial claim is supported by a reference to a clause of the contract, additional agreement or an article of a specific law that provides for the conditions for its implementation.
  • Resolution part.

In this part of the claim under the contract for the provision of services, the following is reflected:

  1. the essence of the requirements for the other party;
  2. the deadline for fulfilling these requirements;
  3. a warning about the intentions of the person making a pre-trial claim in the event that the counterparty refuses to eliminate the violations committed.

Judicial practice shows that the chances of satisfying the requirements specified in the claim are significantly increased if it contains a note about the prospect of bringing the counterparty to criminal liability (for example, a violation under Article 159 of the Criminal Code of the Russian Federation - fraud).

Important! A pre-trial claim must be sent to the addressee by registered mail with acknowledgment of receipt, so that in the event of further litigation it will be possible to prove the fact of an attempt to resolve the dispute out of court.

Claim for termination of the contract for the provision of services unilaterally

Russian legislation provides for the possibility of terminating the contract for the provision of services unilaterally. The initiator of termination of the contract informs the other party of the agreement by sending a pre-trial claim. The document is sent by mail with a notification of receipt or handed over personally to the counterparty against signature. The proof that the claim was sent to the addressee will be the postmark or personal signature of the recipient on the second copy of the document.

Important! The terms of the contract for the provision of services on the impossibility of its termination unilaterally are void.

In order to avoid disputes, the terms of termination and the fact of fulfillment of obligations by counterparties in the event of termination of legal relations between both parties may be specified in an additional agreement to the service agreement. All available copies of documents relevant to the dispute and the requirements must be attached to the claim.

Terms of submission and consideration of a pre-trial claim

A claim under a service agreement involves not only the correct preparation of the document, but also the observance of the deadlines for its presentation. So, pre-trial settlement of the dispute in case of detection of inadequate quality of the result of the service provided allows the presentation of customer claims if violations were found:

  1. throughout the entire warranty period provided for the result of material work (in accordance with paragraph 3 of article 724, paragraph 1 of article 722 of the Civil Code of the Russian Federation);
  2. within 2 years from the date of acceptance by the customer of the result of the material service, if its warranty period is less than 24 months (clause 4 of article 724 of the Civil Code of the Russian Federation), and there is evidence that violations and shortcomings arose before the transfer of the result of the rendered services;
  3. in the event that the warranty period for the service provided was not provided for by the contract, a claim can be made within any period, but not more than 24 months from the date of transfer of the result of material labor (clause 2, article 724, clause 1, article 722 of the Civil Code of the Russian Federation) .

The warranty period for the result of material labor is established by law or other legal act. The warranty period cannot begin if the customer does not use the result of the rendered service due to a reason depending on the contractor (clause 6 of article 724, clause 2 of article 471 of the Civil Code of the Russian Federation). The limitation period for allegations of improper performance of material services is 1 year (Article 725 of the Civil Code of the Russian Federation). The customer has the right to apply to the court within 12 months from the date of receipt of information about the poor-quality performance of the material service. The beginning of the limitation period directly depends on the established warranty period, and begins from the moment a claim is made about the identified shortcomings. In this case, the customer has the right to demand that the contractor be held liable even after the expiration of the limitation period, but no later than 1 year from the date of notification of the violations found. Note that the omission of the limitation period is the basis for the plaintiff to file a statement about. In such cases, the applicant must prepare an evidence base on the recognition by the defendant of debt obligations (in part or in full), which in court may serve as a basis for interrupting the limitation period (Article 203 of the Civil Code of the Russian Federation). Some legislation provides for special cases of regulation of the time limits for filing a claim for improper performance of services. For example, Article 10 of Federal Law No. 132-FZ “On the Fundamentals of Tourism in the Russian Federation” establishes a deadline for filing a claim against the quality of a purchased tourist product, as well as a requirement to return money for a service not rendered by the customer to the tour operator - within 20 days from the moment the contract expires, the period for considering a claim under the service contract is 10 days from the date the document is delivered to the addressee.