How to file and send a claim when returning goods to the supplier? Sample letter and nuances of the procedure

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Published: September 30, 2018

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Often, disputes arise between the buyer and seller regarding the quality or other characteristics of the goods supplied. In this case, the buyer, using the norms of the current legislation in the field of consumer rights protection, can return the goods.

• For what reasons can I return an item?
• Terms for returning goods
• Procedure and rules for writing a return letter

How can this be done, and what should the return letter contain?

Sample claim for returning goods of inadequate quality to the supplier

When delivering goods, the following is usually formalized:

• waybill,
• waybill or TORG-12 form,
• invoice.

When receiving the product, be sure to check whether it corresponds to the description in these documents. You may find a discrepancy in quantity or quality - shortage, defect, other discrepancy. Check as carefully as possible: once you have accepted the goods, it will be difficult to return them. And after payment it will become almost impossible to prove that it was of poor quality.

If you find a discrepancy in your order, you need to return it. Download our sample claim for returning goods of inadequate quality to the supplier and read the instructions on how to fill out the document. We also answered questions that most often arise during registration.

So, let’s look at how to correctly file a claim for returning a product.

Before filing a claim, fill out a quality discrepancy report using the TORG-2 form. In it, indicate what exactly you were not satisfied with about the product.

How are products of different categories returned?

Products of unsuitable quality may be returned. It is also possible to refuse to accept products if upon receipt it is discovered that the expiration date has expired and the product has deteriorated. For example, in the delivered batch of products, products were found that corresponded and did not correspond to quality. In this case, products that do not meet the quality must be crossed out from the delivery notes No. TORG-12 and sent to the supplier.

Quality compliance is carried out upon receipt of the goods and in the presence of the supplier or his representative. A signature must be placed next to the crossed out items, which is done by a representative of the supplier (forwarder, driver or other financially responsible person).

If the buyer has paid the VAT invoice but has received fewer items, the supplier is required to revise the invoice. The recalculated invoice must be submitted no later than 5 working days.

Advice: if the buyer has managed to establish a trusting relationship with the supplier, products of poor quality can be returned without paper support. So, the supplier can simply deliver a replacement product of the required quality in the shortest possible time.

Defective products, similar to products with an expired shelf life, are unsuitable for sale.

Liquidation of defective goods is carried out according to two procedures:

1. It is necessary to draw up an act of liquidation of the goods. After the destruction of unsuitable goods, it is necessary to make changes to the commodity accounting. Also, you need to restore (pay) VAT deductions made on invoices to the budget.
2. It is necessary to return the defective product to the supplier, then he acts as the buyer. In this case, the refund will be made according to the normal procedure. This means that you need to draw up a report, a waybill and a written claim. To simplify procedures, the product is replaced simultaneously with the elimination of the defect by the buyer. Then there is no need for an inventory write-off act; defective products are replaced and removed from the warehouse.

Goods not sold within the period specified in the contract may also be returned to the supplier. In this case, an additional agreement is concluded, the terms of which must be agreed upon orally or in writing.

The product to be returned must be undamaged, in its original packaging, before the expiration of the warranty period and in its original condition. The terms for returning products before the end of the warranty period are discussed separately.

The return of unsold balances occurs by signing new supply contracts and drawing up invoice form No. TORG-12.

How to properly file a claim for returning a product

The claim is made in any form. The main thing is to note all the necessary information, details and the essence of the requirements. Be sure to include:

• name, address and details of the buyer,
• date of compilation,
• characteristics of the disputed product - describe all the shortcomings, referring to the statement of discrepancies,
• claims against the supplier, for example, elimination of defects or compensation for damage,
• signatures of the employees and directors responsible for receiving the goods.

If you want, you can indicate the legal norms on the basis of which you are making demands, for example, Art. 475 Civil Code.

See our current 2020 sample claim for the return of goods of inadequate quality - it contains all the necessary details and points. In MyWarehouse there is a form suitable for any controversial situation: refund of money, elimination of defects, replacement of goods and materials - download and supplement it as necessary.

Claim form for return of goods of inadequate quality (2020 sample)

You can deliver the document to the supplier in person, by mail or by courier. If there is no response to the claim or the seller refuses to satisfy the requirements, after 30 days you can go to court.

Indicate in your complaint the time frame within which you expect to receive a response from the supplier - then he will not be able to delay the decision.

For what reasons can I return an item?

Since issues based on commodity relations that arise between individuals and legal entities are subject to regulation not only by the norms of legislation on the protection of consumer rights, but also by the norms of law enshrined in the Civil Code of the Russian Federation, when resolving issues related to the return of goods , you must be guided by all the listed provisions and standards. Based on these facts about regulatory regulation, we can conclude that to determine the reasons and grounds for returning goods, not only the norms of legislation on the protection of consumer rights, but also the norms of civil law can be used.

In accordance with the specified features, the return of goods can be carried out due to:

• the initial receipt by the buyer of incomplete information about the properties of the purchased product , if such incomplete information was formulated during the period of the transaction (Article 495 of the Civil Code of the Russian Federation);
• the products were not delivered in full, and this fact is confirmed by the goods acceptance certificate (must be attached to the return letter). In this case, the goods can either be delivered within a time frame that is determined to be reasonable, or returned with a demand for a refund of previously paid funds (Article 466 of the Civil Code of the Russian Federation);
• the goods were delivered incompletely , and the supplier is ready to either complete them with a discount, or accept them back (Article 480 of the Civil Code of the Russian Federation);
• the purchase and sale agreement is executed improperly by violating the delivery terms that were agreed upon within the framework of the concluded agreement (Article 523 of the Civil Code of the Russian Federation);
• the products provided do not correspond to the previously agreed assortment (Article 468 of the Civil Code of the Russian Federation);
• the quality characteristics of the delivered goods are low and do not correspond to those declared by the seller during the period of concluding the purchase and sale agreement (Article 475 of the Civil Code of the Russian Federation);
• the packaging of the goods is damaged or missing completely (Article 482 of the Civil Code of the Russian Federation);
• The dimensions and color of the goods do not correspond to the desired ones , if the buyer notified the seller of his desire in advance.

Depending on the reason for which the product is being returned, the time frame for its return may vary.

Sample claim for a refund for a product of inadequate quality

If you decide to return the money spent, you will need a sample claim to the supplier for a refund for goods of inadequate quality. In this case, you must indicate in the document how you want to receive them back, for example, indicate the current account number.

The buyer can contact the supplier with claims within two years after the purchase, unless other periods are specified in the contract (Article 477 of the Civil Code). But then he will have to prove that the goods had defects before their delivery.

More than 1,000,000 companies already print invoices, invoices and other documents in the MyWarehouse service Start using

When filing a claim, various questions arise, for example, about the delivery of the disputed goods. We have sorted out the most common ones.

What other documents, besides the complaint to the supplier, need to be completed?

It is necessary to draw up a certificate of discrepancy in quality using the TORG-2 form. After drawing up this document, you can begin filing a claim for the return of goods of inadequate quality to the supplier. Sample here.

We have sent a return claim form to the supplier. Who should pay for shipping?

You have the right to demand that the supplier pick up the goods himself, or you can send the defective goods yourself, in which case the delivery costs will be covered by the seller.

As a sample claim for the return of goods of inadequate quality to the supplier, we took a document that has been used in our company since 1997. Isn't it outdated?

No. If it contains all the necessary details, you can use it, but it is better to check our free sample claim for returning goods to the supplier.

How to write?

The claim must contain the following information:

1. Information about the parties “bound” by the contract, including the buyer’s payment details for the transaction.
2. Details of the concluded agreement: number, date, place of execution - the latter - optional.
3. The amount that the buyer expects the supplier to return. Everything is described in detail, that is, the total amount is divided into components.
4. A list of goods that the buyer wishes to return to the supplier.
5. The essence of the buyer's claims with references to the norms of the Civil Code of the Russian Federation. For example, a return is possible if the product was not delivered in the required quantity.
6. Applicant's requirements. Acceptable deadlines for reviewing a document and responding to it.

How to write a letter for a refund under a supply agreement in connection with the return of goods to a legal supplier. face can be viewed here (form and sample are provided):

The document is signed by an authorized person . First of all, the head of the organization (director, individual entrepreneur) can be considered as such. But the company may have persons authorized to sign claims who have a power of attorney.

Are there any differences in filing a claim between an individual and a legal entity?

The main difference is in the details of the parties, which are indicated in the letter.

If we are talking about a legal entity, then the document must indicate:

• Name;
• legal address;
• OGRN and INN numbers.

The authorized person may indicate on the basis of which documents he acts. For example: charter, order of appointment, power of attorney.

If an individual entrepreneur takes part in the transaction, then the following data should be indicated::

• FULL NAME.;
• registration address at the place of residence;
• You can indicate TIN and URN.

We emphasize once again that the applicant must indicate the details of his bank account to which the supplier needs to send funds.

The essence of the letter of guarantee

As the name implies, a letter of guarantee is intended to guarantee one party to the other party to perform certain actions within a certain period. Accordingly, any letter of guarantee must contain the following details:

• letterhead (not necessary, but it’s more respectable);
• parties - guarantor and beneficiary (for example, debtor and creditor);
• in the body of the letter - a promise by one party to perform certain actions, as well as the timing of their implementation;
• according to the rules of office work - the outgoing number of the letter;
• date of the letter, signature of the official, his full name, position;
• organization seal;
• if the signatory is by power of attorney, then information about this power of attorney and its copy are in the attachment. In this case, no stamp is placed.

Also, you must indicate the contacts, details and address of the guarantor.

Refund period

Erroneously or excessively transferred funds must be returned within seven days from the date the creditor submits a demand for its fulfillment (clause 2 of Article 314 of the Civil Code of the Russian Federation).

In cases of unlawful withholding of funds and evasion of their return, interest is charged on the amount of the debt in accordance with the rules set out in clause 1 of Art. 395 of the Civil Code of the Russian Federation and clause 5 of the Review of the practice of considering disputes related to the application of rules on unjust enrichment (Information letter of the Supreme Arbitration Court of the Russian Federation dated January 11, 2000 No. 49).

Similar appeals for calculating interest are applied upon termination of a contract for the supply of goods (clauses 3–4 of Article 487 of the Civil Code of the Russian Federation).

To avoid paying interest for using someone else’s money, pay attention to the date of the letter and fulfill your obligations no later than seven days.

A different legal situation arises in the case of the return of the advance upon termination or modification of the work contract.

The organization that received the advance payment began to carry out the work. In this case, the contractor must prove that at the time of receipt of the notice of termination of the contract, part of it has already been completed. If this condition is met, the contractor retains part of the established price in proportion to the part of the work performed before receiving notice of the customer’s refusal to fulfill the contract, and compensates for losses caused by termination of the contract (Article 717 of the Civil Code of the Russian Federation).