A proposal for a pre-trial settlement of the dispute to the General Director of the partnership

 

 

To the General Director

KPe LLP

C.L.A.

Almaty, Medeu district, Pushkin St., d...., n.p. 1

 

from F. A. Z. LTD

Republic of Afghanistan, province of K, district 2, city of K, house 245

 

Representative: Lawyer Sarzhanov Galymzhan Turlybekovich

Law and Law Law Firm

BIN 201240021767

79 Abylai Khan Ave., office 304, Almaty.

info@zakonpravo.kz / www.zakonpravo.kz

+ 7 708 578 57 58; +7 700 978 57 55

 

 

 

Proposal for a pre-trial settlement of the dispute

 

On January 8, 2019, between KP LLP, represented by General Director Ch L.A. (hereinafter referred to as the Seller) and F. A. Z. LTD, represented by Director Farhad Aslamzad (hereinafter referred to as the Buyer) Contract No. 04-1/2019 (hereinafter referred to as the Agreement) was signed.

According to  According to the Agreement, KP LLP has committed to supply wheat of Class 4 (hereinafter referred to as the Product), and F. A. Z. LTD. has accepted and paid the cost of wheat.

However, KPe LLP, having received the payment amount for the Goods from F. A. Z. LTD, did not deliver the Goods worth 15,096 US dollars to the Buyer. KP LLP is also obliged to pay a fine for not shipping the Goods on time.

According to clause 2.12. of the Agreement, in cases of non-shipment of goods within 30 days from the date of receipt of funds to the Seller's current account, the Seller undertakes to return the funds to the Buyer.

According to clause 5.1. of the Contract, if the Seller does not ship the Goods within the time period specified in clause 2 of this Contract, he pays a fine to the Buyer in the amount of 0.1% of the value of the Goods not shipped on time for each calendar day of delay, but not more than 10% of the value of the goods not shipped on time.

Due to the non-fulfillment of the terms of the Agreement for a long time, F. A. Z. LTD considers it necessary to terminate Contract No.04-1/2019 dated January 8, 2024.

According to Article 402 of the Civil Code of the Republic of Kazakhstan:

1. An agreement on the amendment and termination of a contract shall be executed in the same form as the contract, unless otherwise provided for by legislation, contract or business practices.

2. A claim to amend or terminate an agreement may be filed by a party in court only after receiving a refusal from the other party to the proposal to amend or terminate the agreement or failure to receive a response within the time period specified in the proposal or established by law or the agreement, and in its absence - within thirty days.

According to part 5 of Article 403 of the Civil Code of the Republic of Kazakhstan, if the basis for termination or amendment of the contract was a material violation of the contract by one of the parties, the other party has the right to demand compensation for damages caused by termination or amendment of the contract.

Based on the above, we ask:

- to conclude a written Agreement on termination of Contract No.04-1/2019 dated January 8, 2024 by F. A. Z. LTD.;

- to return to F. A. Z. LTD the funds overpaid under the Agreement in the amount of USD 15,096;

- pay a fine of 1509 US dollars to F. A. Z. LTD.

In addition to the above-mentioned monetary claims, we ask you to reimburse F. A. Z. LTD for losses and legal aid costs caused by improper performance of the Contract. Exactly:

- 4,486 US dollars – deduction of the cost of bagging and taring, as well as payment of penalties;

- 700,000 tenge – expenses for legal aid.

Please provide a response to this Proposal for a pre-trial settlement of the dispute within 30 days of receipt.

In case of failure to reach an agreement on termination of the Contract, F. A. Z. LTD will file a lawsuit with the court for termination of the Contract and recovery of damages, with the assignment of all court costs incurred by KP LLP.

According to article 109 of the Civil Procedure Code of the Republic of Kazakhstan, "If a dispute has arisen as a result of a violation by a person participating in the case of a claim or other pre–trial dispute settlement procedure provided for by law or contract, including violation of the deadline for submitting a response to a claim, leaving a claim unanswered, as well as violation of an out-of-court dispute settlement procedure established by law, the court assigns court costs to this person regardless of the outcome of the case."

 

Director of "F. A. Z. LTD" W AZ

 

Representative

Law and Law Law Firm                              

Lawyer                                                                       Sarzhanov G.T.

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