• What can be cooked from squid: quick and tasty

    It is concluded by the parties on a voluntary basis for a specified period. If one of the parties to the contract wishes to terminate it ahead of schedule, then it is necessary to send a letter to the second counterparty to terminate the service contract.

    By general rule, established in Article 450 of the Civil Code of the Russian Federation, one party cannot withdraw from the contract without good reason. Termination of the agreement by decision of only one of the parties is permissible through the court only in the following cases:

    • In case of serious violations of the contract by another counterparty (violation of the terms, provision of poor quality services or services not in full);
    • On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.

    Note! In Art. 450.1 of the Civil Code specifies that if a legislative act or an agreement provides for a cancellation of the contract by decision of one participant, then the moment of termination of the contract is the date the other counterparty receives a notice of termination of the contract.

    Article 450 of the Civil Code of the Russian Federation "Grounds for amendment and termination of the contract" and 450.1 of the Civil Code of the Russian Federation "Cancellation of the contract (performance of the contract) or the exercise of rights under the contract"

    The possibility of unilateral withdrawal from an agreement for the provision of services is provided for in a special rule that applies exclusively to contracts for the paid provision of various services. So, in Article 782 of the Civil Code of the Russian Federation it is enshrined that you can not apply to the court if:

    • The contract is canceled by the customer who paid the contractor all the actual costs;
    • A letter of withdrawal from the contract is submitted by the contractor, provided that he has reimbursed the customer for the losses incurred.

    If the condition on repayment in connection with the execution of the contract on paid services of the contractor's expenses or the customer's losses is not met, the injured party has the right to appeal the unilateral decision to withdraw from the contract in court.

    Can be terminated early

    Agreement for the provision of services (medical, financial, legal), etc. is concluded for a certain period. Termination of the contract earlier than the established period is possible under the following circumstances:

    • Failure to comply with the terms of the contract due to the fault of one of the participants;
    • Circumstances have arisen that do not allow further performance of the contract (for example, relocation, imposition of sanctions, closure of the supplier's company, etc.).

    Note! Termination of the contract ahead of schedule can be made by mutual agreement of the parties, which is the most acceptable option for both the customer and the contractor.

    You can cancel the contract ahead of schedule both before the start of the service, and in the process of receiving it. However, after the service has been provided, refusal is not permissible. Upon termination of the contract, the participants must compensate for the damage associated with the early cancellation of the contract.

    If the parties have not reached a consensus, the agreement can be terminated before the expiration date unilaterally (on the basis of Article 782 of the Civil Code of the Russian Federation and the provisions of the agreement) or by filing statement of claim to the court (if the losses were not reimbursed voluntarily).

    How to write correctly

    To withdraw from the contract for the provision of services, the applicant must send a letter to the other party. After receiving the notification, the second participant must give an answer within 30 days.

    The form of the letter of refusal of services is not approved at the legislative level, however, this document must contain the following information:

    • The so-called heading is indicated in the right corner of A4 sheet: name and address of the applicant and recipient of the notification;
    • In the middle of the sheet is written: "Notice", and on the line below it is specified: "On termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
    • The text of the notification contains the details and the name of the contract that was concluded, the name of your organization (or full name natural person) and the name of the other party to the contract;
    • Reference is made to the article of the law and / or the agreement, which is the basis for its cancellation;
    • At the end, state your requirements or obligations. For example, if the customer submits the notice, it is indicated: "I undertake to pay (cover) all losses incurred in connection with the termination of the contract." If the termination of the contract is carried out due to the guilty actions of the other party, the applicant may demand the payment of fines, penalties, interest, which are provided for by the contract;
    • The signature of the applicant, the seal of the company (if the notification is submitted by a legal entity) and the date of the document.

    You can send a notification directly to the hands of the contractor or customer. In this case, it is advisable to print the letter in two copies and ask to sign the receipt of the letter on your copy.

    It is also allowed to send a letter of withdrawal from the contract by mail, but always with a notice of receipt.

    Important! The agreement is considered terminated not from the moment the letter is sent, but from the time when the representative of the customer or the contractor receives it.

    In LLC "Precedent"

    address: Moscow, Lesnaya st., 25, office, 34

    phone: _____________

    from Zarya CJSC

    address: Moscow, Prospect Mira, 26, office, 15

    telephone: ______________________________

    NOTIFICATION

    on unilateral cancellation of the contract for the provision of legal services

    On June 20, 2016, between me, Alexander Viktorovich Semyonov, director of ZOA Zorya, hereinafter referred to as the Customer, and Sergei Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Executor, a contract for the provision of legal services No. 1 was concluded, hereinafter referred to as the "Agreement". In accordance with clause 25 of the Agreement, in case of violation of the terms for the provision of legal services, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement of June 20, 2016 No. 1 on the basis of clause 1 of Art. 450.1, article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement, is considered terminated from the moment the Contractor receives this notification. We demand that the sum of 50 thousand 450 rubles (fifty thousand four hundred fifty rubles) be returned by 01.12.2016 for not provided legal services.

    01.10.2016 Signature

    When to go to court

    Despite the fact that the Civil Code of the Russian Federation provides for the possibility of terminating the contract on the initiative of one party, the need to go to court may arise if the contractor or customer refuses to compensate for losses.

    However, in order to have the power to go to court, you should first try to resolve the dispute out of court by filing a notice of termination and a claim for damages.

    If the counterparty refuses to cover the material damage within the period specified in the letter, but no later than 30 days from the date of delivery of the notification, you can go to court, be sure to attach to the claim a copy of the notice of termination of the agreement for the provision of services.

    Intractable problems may arise between the parties to the contractual relationship. When an agreement is concluded, the terms of its termination are prescribed in the text. If a situation arises when the only way out is to terminate the contract, the parties need to contact them. In this case, it is important that the interests of both parties are respected.

    Features of the procedure

    The termination process must be based on the relevant clauses as a legal instruction. It happens, however, that the terms of the agreement do not spell out the situation that has arisen and the procedure for its resolution. In this case, the parties should jointly work out the grounds according to which the contract will be terminated.

    Once the participants reach a consensus, they draw up an agreement. This document must be completed in 2 copies. There is no special form for him. However, all the details of the parties must be indicated in it, there is a link to the original contract, the reason and procedure for termination are prescribed. The agreement must be signed and sealed by both parties.

    Notification

    There are situations when the participants cannot meet for discussion, or the termination of the contract occurs on the initiative of one party due to the failure of the other to fulfill its obligations. In such cases, notification is sent. The letter of termination of the contract for the provision of services or the supply of goods is written in 2 copies. The first is sent to the other party by registered mail with notification. The answer to it should come within a month.

    The other party can accept the offer and agree to terminate the contract. In this case, the participants need to negotiate the terms of this procedure, draw up an agreement. If the other party did not give consent or did not respond at all to the request, you can go to court with your copy of the notification.

    Termination letter: sample

    There is no officially approved form for such a document. However, there are rules according to which a letter of termination of the contract is drawn up. The sample document includes:

    • Name of the company that initiated the procedure, full name of the head, address, form of ownership. This information is indicated at the top in the left corner.
    • Title of the document. This could be, for example, "Lease Termination Letter".

    Further in the text, information about the parties to the transaction, the date when it was concluded, and its subject are given. Referring to it, the initiator gives the reasons why he draws up a letter of termination of the contract. The sample document includes a description of the circumstances under which the procedure was initiated. A number, signature and seal are put at the end of the notification.

    Violation of conditions

    If there has been a violation, you should not go to court right away. It is necessary to carry out a pre-trial settlement of the dispute. The letter of termination of the contract, a sample of which is presented in the article, must clearly reflect the claims and requirements of the applicant. In addition, it includes a warning about the likelihood of the case going to court. At the same time, emotional statements should be avoided. Experts recommend referring to Art. 779 Civil Code.

    Claims for a letter of termination of the lease agreement from the tenant

    Having received a notification from the initiator of the termination of the business relationship, the party has the right to disagree with the opinion of the other participant. It is advisable to write your answer in the same form as the letter of termination of the contract itself. The sample also includes the obligatory details of the author, the name of the document. The content indicates a specific point with which the party does not agree. A claim can be made if:

    • termination of the contract is groundless;
    • the terms of notification were violated;
    • the letter does not match general requirements on the preparation of such documents;
    • the interests of the party are not taken into account.

    When filing a claim, it is advisable to make references to the points of the notification itself. The text should quote the points on which there is disagreement. If necessary, you can cite the terms of the original contract as arguments. It is also necessary to draw up a claim in 2 copies. One is sent by mail. In order to avoid potential problems, you must send a certified letter with confirmation of receipt.

    Conclusion

    The issue of terminating the contract must be taken very seriously. It should not be forgotten that transactions involve gaining benefits. None of the participants wants to suffer losses. But if a situation has arisen that cannot be resolved within the framework of the agreement, then you need to competently carry out the procedure for terminating the contract, and draw up a letter correctly. If this, for one reason or another, did not work out, you will have to defend your rights in court. All documents, letters, claims should be kept in order to present them when considering a dispute.

    (click to open)

    The agreement (hereinafter referred to as the agreement on mutual obligations) is concluded by the parties on a voluntary basis. If one of the parties plans to terminate it ahead of schedule, it is necessary to draw up a letter of termination of the contract and send it to the other party.

    As a general rule, according to Article 450 of the Civil Code of the Russian Federation, changes and termination of an agreement on mutual obligations are possible by agreement of the parties, however, unilateral refusal is possible only in case of a significant violation of the terms of the contract by the other party, as well as in cases provided for by the Civil Code, other legislative acts or by the parties themselves. agreement.

    Important

    If a unilateral refusal is provided, then the agreement is terminated from the moment this notification is received by the counterparty.

    How to write a termination letter correctly

    Letter of termination of the service agreement (sample) not approved at the legislative level. Therefore, it can be drawn up in any form according to the general rules of office work, it is possible to draw up this letter on the letterhead of the organization. You can send a notification by mail by means of a certified letter with a receipt acknowledgment, or personally.

    It is necessary to make two copies of the application, so that one copy can be transferred, and on the second one put a mark on the receipt of this document.

    Sample letter (notification) of termination of the contract

    A notice can be written as follows:

    The above sample letter (notification) is suitable for any type of contract.

    When unilateral refusal to perform the contract is possible

    The conclusion of an agreement, as well as changes in its terms and conditions, and termination of the agreement must take place by mutual agreement of the parties. There are several conditions stipulated by civil law, according to which a unilateral refusal to fulfill contractual obligations is possible.

    According to civil law, such conditions are:

    • the agreement itself provides for the possibility of unilateral refusal;
    • special norms of civil law (for example, termination of an agreement on mutual obligations for the provision of services is possible unilaterally by drawing up and sending a letter on termination of contractual obligations for the provision of services, a sample of which is presented above);
    • one of the parties committed significant violations of the terms of the contract;
    • the circumstances under which the transaction was entered into have changed significantly.

    If unilateral refusal is impossible, it is necessary to send an offer to terminate the legal relationship.

    What to do if the other party does not sign the termination letter

    In case of refusal to sign an agreement on the termination of legal relations, the interested party can draw up a statement of claim and submit it to the court. Now the question arises, how exactly to go to court?

    To apply to the court, you must collect a package of documents and submit an application to the appropriate judicial authority at office hours, with an attached receipt for payment of the state duty and an attached package of documents, with confirmation of the pre-trial settlement of the dispute.

    As a general rule, you need to go to court at the place of registration of the defendant, but do not forget that there are exceptions to the general rule. For example, in a dispute over real estate, the court is determined based on the location of the disputed real estate.

    What documents are needed to go to court

    To go to court, you need to collect the following package of documents:

    • the original of the paid state duty (details for paying the state duty can be downloaded on the website of the court to which you will submit your claim);
    • a mutual commitment agreement that needs to be terminated;
    • notice of termination of the contract and supporting documents on the transfer of this letter (an inventory of the attachment and a postal receipt of delivery can act as a supporting document);
    • documents confirming the basis for the termination of the relationship (for example, your e-mail correspondence, expertise, letters of the counterparty);
    • power of attorney of the representative.

    It is also necessary to make copies of all documents in the required quantity according to the number of persons involved in the case.

    Consideration of the case by the court and the terms for making a decision on termination of the contract

    After accepting the statement of claim in proceedings, the court appoints a preliminary hearing.

    The Civil Procedure Code sets out the terms for the consideration of the case by the court. Civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application by the court, unless other terms for the consideration and resolution of cases are established by the Code of Civil Procedure.

    In the event that a positive court decision is made, the contractual obligations are considered terminated from the moment the court decision on termination of the contract enters into legal force.

    Termination notice - a document, the purpose of which is to terminate any transaction concluded by two or more agents. Sending a notification letter is an obligation on the part of the person who wishes to terminate the previously established agreement. A written notice is formulated, respectively, has a form. In today's text, we will consider samples of such papers, figure out the order in which a notification is drawn up and drawn up, and talk about private issues.

    Any agreement entered into by agents and executed in writing and officially has several options for termination. This can happen within the time period established by the contract, by decision of the judicial authorities, at the request of one party, or mutually. If one party wants to complete the agreement earlier than indicated in the paper on its conclusion, it must notify the other parties about it. If this does not happen, it will be considered that the party has arbitrarily, unilaterally decided to ignore the agreement, which may entail unpleasant consequences.

    Accordingly, the other party receiving the notification letter is forced to respond to it within thirty days, either within the time period specified in the original contract or in the letter sent. If the counterparty ignores the written notice, its author has the right to go to court demanding to terminate the agreement unilaterally. This cannot be done right away - you must first notify the second participant.

    Article 782 of the Civil Code of the Russian Federation regulates the right to initiate termination of any agreement. However, the letter of the law dictates that one of the parties must incur losses, penalties and other material payments, if necessary.

    The notice of termination of the contract is written in two copies, one of which is retained by the author-party. The form of the document is not established by law, depending on the situation, the most successful wording is chosen. We offer our own version.

    Sample written notice

    Logically, you can divide the letter into five parts.

    1. The first indicates who is sending the document and to whom. Here you need to indicate the full name of the company or personal data of the person, if necessary - the details of the financial institution, address.
    2. The second part of the notification is the main one. Here the subject of termination is described, that is, the previously concluded contract, its details, the essence, all the parties who took part in the conclusion thereof are called. The second part also details the reason for breaking the original agreement. In particular, the failure of the second party to comply with the requirements and conditions of a previously signed agreement. The reason may be various circumstances, in particular, force majeure. We will talk about this in more detail below.
    3. The third part contains clarifications and notes. Here you can specify the date from which the contract is terminated, the time period in which the second counterparty (or other parties) are required to respond to the notification paper and confirm its receipt.
    4. The fourth part contains a list of documents, if they are attached to the contract (for example, papers justifying the termination of the agreement).
    5. The fifth part is formed from the date when the notification was written, as well as the signatures of the author's party. The final part of the notification may also contain an excerpt from Article 450 of the Civil Code of the Russian Federation, which states that the contract, from which one of the agents refused, is already considered partially amended or terminated.

    Notification procedure

    Before discussing the procedure in which one party notifies the counterparty about the termination of the contract, you need to understand how such a notification differs from the refusal to fulfill the obligations under the agreement. First of all, this is the difference in the legal framework. In contrast to the refusal of a party to fulfill its obligations under the contract, a unilateral rupture of such must have good reason... That is why the party initiating the break must notify the counterparty of its intention to cancel the agreements between them, indicating in the letter the reasons for its demand.

    The Civil Code of the Russian Federation names three reasons why the contract can be terminated at the request of one party:

    1. This possibility is provided for by the initial agreement (without sanctions or sanctions are listed in the annex to the agreement).
    2. A significant change in the circumstances of the transaction (force majeure, events that are impossible for early forecasting, but upon the occurrence of which the contract becomes decisively impossible for further execution by one of the parties).
    3. A significant violation of the contract by the second party (actions of the counterparty that contradict the original agreements or ignore them).

    Thus, the legislation allows you to terminate an agreement of almost any nature. To do this, you must adhere to a certain order:

    1. Draw up a document indicating a good reason for terminating the agreement.
    2. Send the document to the second party.
    3. If the counterparty agrees with the stated arguments, draw up an agreement to terminate the original contract (if the counterparty does not agree, go to court).
    4. Settle the material consequences of the premature termination of the contract, if any.

    Different formats of contracts have some nuances in their drafting. Let's consider the most popular ones.

    Termination of the lease

    The lease agreement for the area can be terminated unilaterally. In this case, a notice can be drawn up by both the lessee and the lessor. Consider what reasons are considered valid when writing paper by both one and the other side.

    Table 1. Examples of reasons for terminating a lease

    From the landlord's sideFrom the tenant's side
    The tenant regularly fails to make or is late in paymentsThe landlord kept silent about the drawbacks of the rented area (no electricity, running water, heating, etc.)
    The tenant does not fulfill the terms of the contract (for example, refuses to make repairs or conducts noisy work)The landlord did not transfer the area for use or partially prevents it (does not transfer the keys, does not allow bringing in furniture, equipment)
    The tenant worsens the condition of the leased premisesThe landlord does not fulfill the obligation to fulfill overhaul premises
    Complaints are received against the tenant, including to law enforcement agenciesDue to compelling circumstances, the use of the premises is no longer possible (destruction due to earthquakes, flood damage, arson, etc.)

    Video - Termination of the lease

    Notice of termination of the contract to the employee

    According to the current labor legislation, a person can be employed by agreement of two types: urgent and indefinite. In the first case, the exact date when the employee ceases to be listed as such is known. In the second case, the date is open, that is, the specific time of termination of labor obligations is not indicated.

    In the case when a person is employed for an indefinite period, and there is a record about this in his work book, the notice of dismissal usually occurs orally. The employee is summoned for a conversation by the head or head of the personnel department, informing about the situation. When a fixed-term contract is signed, when it is interrupted ahead of time it is necessary to draw up a notification about this.

    An important point! Three days before the agreed termination of a fixed-term employment contract, the person must also be notified that the cooperation is coming to an end. If the employer does not do this, then according to the Labor Code of the Russian Federation (Article No. 77), the dismissal is not considered legal.

    A notice of termination of a fixed-term employment contract is drawn up in free form, but the paper must contain the main necessary points. So, the header should contain the name of the organization and the personal data of the employee to whom the notification is sent. Further, in a clear form, the person is informed about the reason for the termination of the fixed-term contract (the end of its term or other reasons), as well as the date from which he ceases to be listed in the state.

    The reasons why the contract is terminated ahead of time may be as follows:

    1. Failure by an employee to fulfill his duties or fulfillment not in full.
    2. Incompetence of an employee low level qualifications.
    3. Inability to continue performing work due to unwillingness to acquire additional skills.
    4. The reluctance of the employee to move to another position and the like.

    Below there should be a place for a signature, leaving which, the employee confirms his acquaintance and agreement with the paper on termination of the agreement. Also, the document must contain the data and signature of a representative of the organization. The notice is drawn up in two copies. It is best to give both to the person personally, so that he signs on the forms, leaving one for himself.

    Notice of termination of the service agreement

    Termination of a service agreement can be terminated ahead of schedule for a number of reasons. These include non-compliance with the terms of the original agreement, the inability of one party to provide more services, and the like. As with the termination of any formal agreement, the counterparty cannot unilaterally refuse to fulfill its obligations, but can send a notice to the other party about the termination of the agreement.

    The notification is based on the initial contractual terms - that is, the reasons and factors specified in the original contract, by which the agreement can be terminated ahead of time on the initiative of one of the parties. For a unilateral desire to terminate the contract, other factors are also provided:

    1. Violation of the terms of the transaction by the second party.
    2. The onset of unfavorable conditions under which the transaction loses all meaning.

    The paper must be drawn up in two copies, which are transferred for review and signature to the second party. If the counterparty agrees to terminate the agreement, it is terminated at the will of the parties. Otherwise, the case is decided through the court.

    An important point! The trial will begin only if one of the parties can prove that it tried to resolve the situation peacefully, in a pre-trial manner. The argument will be just a copy of the notice of termination of the contract, with which the counterparty got acquainted, but refused to sign it. If one party understands that the peaceful termination of the transaction will not take place, it is better to send one copy of the document by registered mail.

    Unilateral termination

    Both the customer for the provision of services and the party providing these services have the right to terminate the agreement unilaterally, without going to court. To do this, it is necessary to compensate the second participant for his expenses incurred in connection with the refusal to continue the terms of the contract. Real costs are reimbursed, not hypothetical costs. The letter of the law defines that the lost cash are compensated in full. However, the party has the right to reimburse only the money that the counterparty lost prior to the termination of the agreement.

    Termination of a contract with a foreigner

    To terminate a service contract with foreign citizen, no special measures need to be taken. A sample form has been published on the official website of the Ministry of Internal Affairs of Russia, which informs about how to correctly draw up a break in the agreement. The paper also contains data on both parties to the contract, it is indicated for what reason and from what time the contract expires.

    Both when concluding and terminating an agreement with a foreigner, it is necessary to notify the FMS authority at the place of residence. Institution notification must be made within three days from the moment when the relevant papers were signed by the parties. You can send the notification in person, send it by mail or generate and send it through the "Gosuslugi" portal.

    Summarizing

    Even when drawing up any official agreement, which is signed by representatives of the parties, it is necessary to prescribe in the document the mechanism for its early termination. Each counterparty is obliged to foresee the risks and understand that it is impossible to sign a paper, the action of which in the future can bring significant losses.

    Breaking the agreements unilaterally is a frequent, almost daily practice in Russia. At the same time, it is difficult to predict whether the other side will agree to resolve the issue peacefully and close the agreement with mutual desire. If the party that authored the notice of termination of the contract is sure of its correctness and terminates cooperation for a good reason, it is highly likely that its claim will be satisfied in court.

    Delivery contract- this is a document that is drawn up during the execution of a transaction, where one entity acts as a supplier of products, which undertakes to supply quality products within the time frame specified in this document. The second subject is the buyer, who is the recipient of the delivered products and undertakes to pay for it on time.

    Notice of termination of the supply agreement- this is a document that is sent to the second party of the concluded agreement, which contains information about the reason for termination of the agreement.

    Unilateral termination of the supply agreement

    Very often, unilateral termination of an agreement means a waiver of one's obligations. Disclaimer is possible in partnership business, but only in cases provided for by law or if this fact is indicated in the contract. It is possible to terminate the agreement unilaterally only by going to court.

    Why do you need a notice of termination of the supply agreement

    When making a deal, a delivery contract is concluded. Termination of this type of contract has several options:

    • At the end of the delivery contract;
    • By decision of the judiciary;
    • At the request of one side or mutually.

    If one of the parties decided to terminate the supply contract, and she has the right to do so, as it is stipulated in the concluded contract, then she must inform the other party about it. If you do not notify the other party about the desire to terminate the supply contract, it will be considered that the party itself decided not to fulfill the agreement, which may entail negative consequences.

    Consequently, after receiving, the second party must respond in writing to the termination of the supply agreement within thirty days, or within the period specified in the agreement, if the period is specified in the notification, then within the specified period. If the second party ignores and does not respond to the received notification, then the party that sent the notification has every right to go to court and terminate the contract unilaterally. This cannot be done right away, since you need to notify the second party from the beginning.

    Article 782 of the Civil Code of the Russian Federation regulates the right to initiate termination of any agreement. However, the law says that one of the parties must incur losses, penalties and other material payments, if necessary.

    The notice of termination of the supply agreement is drawn up in two copies. One notification is sent from the party - the initiator, which wants to terminate the contract, and the second copy is sent to the second party to this contract.

    When there is a cancellation of the supply contract unilaterally

    The conclusion of the supply contract, as well as all changes, additions and termination must be made in mutual agreement. There are several conditions stipulated by civil law, according to which a unilateral refusal to fulfill contractual obligations is possible.

    According to civil law, such conditions may be:

    • The contract itself contains a clause on unilateral termination of the contract;
    • special norms of civil law (for example, termination of an agreement on mutual obligations for the provision of services is possible unilaterally by drawing up and sending a letter on termination of contractual obligations for the provision of services, a sample of which is presented above);
    • one of the parties committed gross violations when fulfilling the terms of the supply agreement;
    • the circumstances under which the contract was concluded have changed significantly.

    The procedure for drawing up a notice of termination of the supply agreement unilaterally

    Registration of the supplier's refusal to fulfill the supply agreement unilaterally is carried out in the following sequence:

    • The supplier draws up a notice of termination of the supply contract unilaterally, in two copies, where it must necessarily indicate the reason for the termination of relations;
    • One copy of the prepared notification is handed over to the representative of the counterparty personally, and it is imperative to receive a note from him that he received this notification. If it is not possible to deliver in person, you can send a certified letter via mail. If the notification is sent by mail, then the date of delivery will be considered the date of delivery - this is the date indicated on the postmark applied to the document;
    • A terminated supply agreement unilaterally initiated by one of the parties, in accordance with paragraph 4 of Art. 523 of the Civil Code of the Russian Federation, is considered at the moment the second party receives the corresponding notification (provided that another period is not provided for by the provisions of a previously concluded agreement).

    Sample preparation of a notice of termination of a supply agreement

    The notification can be conditionally divided into five parts. And so it is necessary to fill in each part, consider in the form of a table:

    Part number Content
    The first part - who sends the notification and to whomThis part indicates the full name of the party that sends the notification, as well as information about the party to which the notification is sent.
    The second part is the mainThe subject of termination is prescribed: the name of the contract, its number and from what date, the essence of the contract, between which parties. The next point should be the reason for the termination of the contract, if it takes place to indicate the failure of the second party to comply with the requirements and conditions specified in the concluded contract.
    Third part - clarification and noteThe date from which the relationship under a specific supply contract is terminated is indicated, during which time it is necessary to respond to the received notification
    The fourth part - a list of documentsThis part specifies the documents on the basis of which the supply contract is terminated - these can be papers that justify the termination of the contract
    Fifth partThe date of the notification is indicated, as well as the signature of the party that made the notification. The final part of the notification may also contain an excerpt from Article 450 of the Civil Code of the Russian Federation, which states that the contract, from which one of the agents refused, is already considered partially amended or terminated.

    Sample preparation of a notice of termination of a supply agreement

    to CEO

    LLC "Platan"

    Kuznetsov Igor Petrovich

    Moscow, st. Snezhnaya, 45, office 55

    Notification

    on termination of the supply agreement unilaterally

    04/15/2020 between Platan LLC represented by general director Kuznetsova I.P. and LLC "Stroyproktom" represented by General Director Pitsyk E.N. a supply agreement No. 505 (hereinafter referred to as the Agreement) was concluded, the subject of which is the supply of building materials for a total amount of 700 thousand rubles.

    According to clause 5 of the Agreement, Stroyproekt LLC may terminate it unilaterally if Platan LLC violates clause 3 of the Agreement.

    According to clause 3 of the Agreement, Platan LLC assumed the obligation to pay the cost of the supplied building materials in full until 15.06.2020, however, the payment was not made within the specified period, which, in accordance with clause 5 of the Agreement, is a violation of its terms.

    Based on the above, LLC Stroyproekt made a decision to terminate the supply agreement unilaterally and send a notification to LLC Platan.

    General Director of LLC "Stroyproekt" Pitsyk E.N .: (signature)

    FAQ

    Question No. 1 What is a notice of termination of the supply agreement?

    Answer: The notice of termination of the supply agreement is a document that is sent to the second party to the concluded agreement, which contains information about the reason for the termination of the agreement.

    Question No. 2 How can you send a notice of termination of the supply contract?

    Answer: the notice of termination of the supply agreement can be sent in two ways: one way is to hand it personally to a representative of the counterparty, and the second way is to send the notice by registered mail.

    Question No. 3 How long does it take for the second party, who received a notice of termination of the supply contract, to answer it?

    Answer: The second party, upon receiving a notice of termination of the supply agreement, must respond within thirty days from the receipt of the notice, or within the time period, if specified, in the supply agreement itself, or within the time specified in the notice itself.