Pre-trial claim for real material damage for forced downtime
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............ A.O.D. BIN 180240000636. Almaty, A20K6B6,
Zhetysu district, Kazybayeva St., D......... A.
280 Tole bi str., 13th floor, Almaty, Republic of Kazakhstan. 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 shut–off valves (hereinafter referred to as the Contract) was concluded 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 Contract are clause 1, where the Supplier undertakes to supply shut-off valves in quantity and assortment in accordance with 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 to date, you have not fulfilled your obligations and violated clause 4 of the Contract, that is, the goods were not delivered on time, and 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, you unilaterally refused to fulfill your 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/or refund funds in the amount of 7,166,755 tenge. Due to your failure to fulfill your obligations, we have the opinion that your actions are aimed at seizing property by deceiving and abusing the Buyer's trust. We hereby offer you a voluntary correction of the discrepancy between the delivered goods and/or the return of funds in the amount of 7,166,755 tenge to the Buyer by August 20, 2020. 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 yearAttention!
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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