Pre-trial claim for late delivery of shut-off valves and non-compliance of the product with the Technical Specification
Attention! The Law and Law Law Company draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in drafting any legal document that suits your situation. For more information, please contact lawyer Kenesbek Islam by phone.; +7 (708) 971-78-58; +7 (727) 971-78-58.
Limited Liability Partnership "..........."
represented by Director B........ and O.D. BEAN 1...........6. Almaty, A20K6B6,
Zhetysu district, Kazybayeva str., 272 A. from: LLP "..........."
represented by Director D......about O.F. BEAN 1............6 Republic of Kazakhstan,
Almaty, T street.......E.B., 280 ,13th floor. 8 (727) .................
Proxy representative: Law and Law Law Company LLP
represented by CEO Galymzhan Turlybekovich Sarzhanov
BIN 190240029071 Almaty, 79 Abylai Khan ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758.
PRE-TRIAL CLAIM
Between the LLP "..........." ( next– the Buyer) and you. ".........." ( hereinafter referred to as the Supplier), Contract No. 8 dated May 29, 2020 for the supply of electric actuators for shut–off valves (hereinafter referred to as the Contract) 151, 152 of the Civil Code of the Republic of Kazakhstan, which stipulates that transactions are made orally or in writing, the written form of the transaction is made on paper or in electronic form. A written transaction must be signed by the parties. The essential terms of the Agreement are clause 1, where the Supplier undertakes to supply electric drives in quantity, assortment and complete with adapters for installation on valves in accordance with clause 7 of Appendix No. 1 (Terms of Reference), in turn, the Buyer undertakes to accept and pay in accordance with the terms of the contract. The buyer, for his part, fulfilled all the terms of the agreement in good faith and on time, that is, in accordance with clause 3 of the Agreement, paid the agreed amount in the amount of 7,166,755 tenge. But as of today, you have not fulfilled your obligations and violated clauses 4 of the Contract, that is, the goods were not delivered on time, clause 1 of the Contract was also violated, since the goods delivered with a delay did not comply with the Terms of Reference specified in the Annex, which is an integral part of the contract. In addition, they unilaterally refused to fulfill their obligations.
Based on the above arguments, we believe that the terms of the contract for the supply of shut-off valves were violated, namely, the late delivery of shut-off valves and the delivered goods did not meet the Technical Specifications. Currently, you are not fulfilling your obligations (Violation of an obligation means its non-fulfillment or improper fulfillment (untimely, with defects in goods and works, in violation of other conditions defined by the content of the obligation) - improper fulfillment of part 1 of Article 349 of the Civil Code of the Republic of Kazakhstan), which is not permissible according to Article 272 of the Civil Code of the Republic of Kazakhstan. By doing so, you are causing real material damage to the Buyer and his workers for forced downtime. In these circumstances, we require you to promptly correct the discrepancy between the delivered goods and the costs incurred for the manufacture of adapters for the installation of electric drives in the amount of 525,000 tenge, as well as the costs of legal support in the amount of 200,000 tenge. We offer it until August 20, 2020. Make all calculations in favor of the Buyer. If you do not correct the inconsistencies of the delivered goods and/or do not refund the funds within the specified period, we reserve the right to take this matter to court. As well as the recovery of the amount of material (damages and penalties, Article 351 of the Civil Code of the Republic of Kazakhstan) in the amount of 3,000,000 tenge, as well as representative services in the amount of 716,000 tenge, also apply to other competent authorities of criminal prosecution.
According to paragraph 1 of Article 113 of the Civil Procedure Code of the Republic of Kazakhstan, at the request of the party in whose favor the decision was made, the court awards, on the other hand, the costs incurred by her to pay for the assistance of a representative (several representatives) who participated in the process and is not in an employment relationship with this party, in the amount of the costs actually incurred by the party. For property claims, the total amount of these expenses should not exceed ten percent of the satisfied portion of the claim. According to non-property requirements, the amount of expenses is collected within reasonable limits, but should not exceed three hundred monthly calculation indices. 152 and 279 of the Civil Procedure Code of the Republic of Kazakhstan and Article 402 of the Civil Code of the Republic of Kazakhstan, stipulating that the judge returns the statement of claim, and the court leaves the statement of claim without consideration if the plaintiff fails to comply with the pre-trial procedure established by law for this category of cases, the mandatory procedure for preliminary pre-trial dispute resolution and the possibility of this procedure is not lost and preserved. Since this procedure is not prohibited by any of the regulatory acts of the Republic of Kazakhstan, we hope for your mutual understanding and solutions to this problem on mutually acceptable terms.
Sincerely, Proxy Representative __________/ Sarzhanov G.T. "____" __________2020 the year Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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