Proposal for a pre-trial settlement of the dispute
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The Law and Law Law Firm 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 a Lawyer/Lawyer by phone; +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
To the Director of the LLP
«…»
E... Zh.T.
Almaty, ul. S..., 30A/3
office 159
from "P...." LLP
Almaty, Medeu district,
mkr-on ......-2, Horticultural Association "M...", 54
St....., 110
Mobile: + 7(701)…,
tel.: +7 (727) ....
A proposal for a pre-trial settlement of the dispute.
On August 10, 2022, P... LLP (the Customer) and ..... LLP (the Auditor) entered into an Audit Services Agreement No. 22/08-16 (hereinafter referred to as the Agreement). The cost of the Auditor's services amounted to 2,240,000 tenge.
According to clause 1.1. of the Agreement, the Customer undertakes to accept and pay, and the Auditor undertakes to provide audit services to the Customer's financial statements for the periods ended 31.12.2019 and 31.12.2020 (hereinafter referred to as the "Audit of Financial Statements for 2019 and 2020") prepared in accordance with International Financial Reporting Standards.
According to clause 4.8. of the Agreement, the Auditor will begin to perform his duties under the Agreement from the moment of its signing and receipt of an advance payment to his account.
According to clause 4.9. of the Contract, the provision of services is scheduled to be completed after 12 business days from the date of receipt from the Customer of the approved financial statements for 2019 and 2020 prepared in accordance with IFRS.
According to article 386 of the Civil Code of the Republic of Kazakhstan, the Contract enters into force and becomes binding on the parties from the moment of its conclusion.
In fulfillment of its obligations under the Agreement of LLP "...." made a 50% prepayment to the account of LLP "..." in the amount of 1,120,000 tenge, according to clause 4.3. of the Agreement, which is confirmed by Payment Order No. 77 dated 08/16/2022, as well as by employees of LLP "..." the approved financial statements of LLP "...." have been received.
According to article 272 of the Civil Code of the Republic of Kazakhstan, "An obligation must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements – in accordance with business practices or other commonly imposed requirements."
According to article 277 of the Civil Code of the Republic of Kazakhstan, "If an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period."
According to Article 687 of the Civil Procedure Code of the Republic of Kazakhstan, "The general provisions on contract (Articles 616-639 of this Code) and the provisions on domestic contract (Articles 640-650 of this Code) apply to a contract for the provision of paid services."
According to article 628 of the Civil Code of the Republic of Kazakhstan, "The contractor is obliged to immediately notify the customer and, until receiving instructions from him, suspend work upon detection.:
1) unsuitability or poor quality of the materials, equipment, technical documentation provided by the customer or the thing transferred for processing;
2) possible adverse consequences for the customer of following his instructions on how to perform the work;
3) other circumstances beyond the contractor's control that threaten the validity or durability of the results of the work performed or make it impossible to complete it on time."
However, "PlastiCo" LLP did not receive from "...." LLP any warnings about the suspension of performance of their obligations under the Agreement.
According to part 2 of Article 374 of the Civil Code of the Republic of Kazakhstan, "If a party is unable to fulfill an obligation caused by a circumstance for which neither one nor the other party is responsible, it has no right to require the other party to fulfill the obligation, unless otherwise provided by law or contract. At the same time, each party that has fulfilled the obligation has the right to demand the return of the fulfilled one."
In connection with the above, LLP "..." requests that the Agreement No. 22/08-16 dated August 10 be considered terminated and the prepayment in the amount of 1,120,000 tenge be returned to LLP "...."
Please provide a response within 10 days of receiving this offer. In case of failure to reach an agreement on termination of the Contract, LLP "...." will apply to the court with a claim for termination of the Contract, with the assignment to LLP "...." of all court costs incurred in the case.
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 PlastiCo LLP, K.O.A.
02/10/2023
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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