A letter of mutual concessions and a peaceful settlement of the case in a pre-trial manner
To the Director of a Limited Liability Company
responsibility of "P.L.s"
To A.V. Konstantinov.
BIN …
050019 Republic of Kazakhstan city
Almaty, Turksib district mkr-n, k.t. 282.
+ 7 777 .
From the contractor: Partnership with
limited liability Company "S. control"
BEAN ..
Republic of Kazakhstan city of Almaty,
Bostandyk district, T. St., zd.42, building 15/3b, office 3.
+ 7 707 .
On July 01, 2024, P.L. LLP, represented by Director P. A.A., hereinafter referred to as the Customer, and S. Control LLP, represented by General Director B. N.L., hereinafter referred to as the Contractor, concluded Contract No. 119 for system maintenance (hereinafter referred to as the Contract).
The above relations correspond to clause 1 of Articles 151, 616 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing (simple or notarized). Also, under the contract, one party (contractor) undertakes to perform certain work on behalf of the other party (customer) and deliver its result to the customer within the prescribed period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work).
According to this agreement, there are currently significant disagreements and mutual claims between us regarding the performance of the work.
According to the Reconciliation Report of mutual settlements for the period from 01.01.2024 to 12/19/2024, according to the Contractor on 12/19/2024, there is a debt owed by the Customer in favor of the Contractor in the amount of 1,000,000 tenge.
Accordingly, we have previously sent a Notification to your address about the termination of the contract and the refusal to extend obligations for the next year under the system maintenance agreement under the above-mentioned agreement with the signing of an Act of Completed work and mutual settlements.
Subsequently, it was received from you for ex.No. 246 dated December 17, 2024, a letter of refusal to sign the Act of Completed work for the maintenance of fire alarm systems because, in your opinion, there is a violation of contractual obligations.
Also by letter for ex.No. 249 and No. 247 we have received a claim from you that, for December of this year, you do not intend to make payment under the contract because, in your opinion, there are numerous non-functioning systems for which the contractor allegedly did not carry out work to eliminate them.
Also, in the claim, cite the arguments of clause 5.2 of the Contract, which stipulates that "For late completion of scheduled maintenance work, the contractor pays a penalty in the amount of 0.1% of the cost of late work, but not more than 10%."
Thus, you require us to pay a penalty in the amount of 30,000 tenge for November and a penalty in the amount of 90,000 tenge for the past quarter because, in your opinion, the quarterly work was not carried out.
In accordance with Article 8 of the Civil Code of the Republic of Kazakhstan, the exercise of civil rights should not violate the rights and legally protected interests of other subjects of law. Citizens and legal entities must act in good faith, reasonably and fairly in exercising their rights, observing the requirements contained in the legislation, the moral principles of society, and entrepreneurs, as well as the rules of business ethics.
This obligation cannot be excluded or limited by the contract. Good faith, reasonableness and fairness of the actions of participants in civil law relations are assumed.
Actions of citizens and legal entities aimed at harming another person, abuse of the right in other forms, as well as the exercise of the right in contradiction with its purpose are not allowed.
Based on the above, through mutual concessions, and in order to peacefully resolve the case in a pre-trial manner, we inform you that we accept the penalty you have accrued in the amount of 120,000 tenge, and are ready to pay after signing the act of completed work and the Act of reconciliation of mutual settlements in the amount of ...... tenge.
We ask you to withhold the penalty you have accrued in the amount of 120,000 tenge when transferring funds in accordance with the signed ADR and the Act of Reconciliation of Mutual settlements.
With respect,
Director TOO "With... control":
December 21, 2024 _________________/ B..in N.L.
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