Complaint is a business letter containing a buyer's complaint against a supplier or contractor. The document is drawn up due to a violation of the terms of the contract for the supply of goods, contracts, and the provision of services. The complaint obliges the counterparty to take measures to eliminate the identified defects, defects, or to compensate for the damage caused.
Why do you need a complaint
Drawing up a complaint allows the buyer to declare that the terms of the contract were performed improperly, that is, there was a violation of the consumer's rights. Upon receipt of this document, the supplier (or contractor) must take measures to eliminate the identified deficiencies or compensate for damage. If the complaint was ignored or the buyer was dissatisfied with the correction of violations, it can be submitted to the court.
Handling complaints is an integral part of an organization's operations. You should not take the receipt of such a letter as a personal offense. Complaints help to carry out constructive work to improve the business, improve the quality of goods (works, services).
Types of claims
Complaints can be of various types. The first group includes complaints about service by sellers. For example, a company employee may find it difficult to provide information about the properties and benefits of a product.
The second group includes complaints about the company, for example, dissatisfaction with the post-sale service, advertising, packaging, etc. The third group of complaints is complaints about the purchased product and its quality.
The proceedings can take a lot of time, especially if the entrepreneur is not able to immediately resolve the conflict. In this case, the case goes to the courts, then the company may have to incur significant costs.
Content of the complaint
A complaint is made in writing and may contain claims for the following parameters:
- quality of goods (works, services);
- quantity, weight of inventory items;
- range;
- cost;
- Estimated delivery time;
- packaging, labeling of goods;
- violation of the terms of payment, etc.
Cases of filing complaints and methods of their regulation must be stipulated in the text of the agreement between the parties (section "Liability of the parties" or "Claims").
How to file a complaint
How to work with complaints is specified in GOST R ISO 10002-2007, however, there are no special requirements, a single form of the document. However, since a claim is a kind of a commercial letter, it is processed according to certain rules.
- The complaint must be drawn up on the company letterhead, which contains the name, postal, e-mail address, telephone.
- The date and registration number of the document must be indicated.
- The claim is addressed to the supplier (contractor), indicating the full name of the organization and its address;
- The title of the document must contain a link to the contract. For example: "About a claim under a supply agreement dated _ No. _."
The complaint text must contain the following elements:
- Basis for drawing up a complaint (reference to the contract, etc.).
- The subject (essence) of the claim, i.e. what kind of violation was revealed. For example: "We are making a claim to you regarding the violation of the delivery time of reinforced concrete rings KS-1, 0 in the amount of 20 pcs., Stipulated by the contract dated _ No. _."
- Evidence (links to documents confirming breach of obligations). For example: “The contract dated _ No. _ specifies the following delivery time _, however, at present, reinforced concrete rings KS-1, 0 in the amount of 20 pcs. still not shipped.
- Penalties. For example: “Due to the fact that the delivery dates for reinforced concrete rings KS-1, 0 were violated, in accordance with clause 13.3 of the contract, penalties of 0.01% will be applied for each day of delay. As of _, the total amount of deduction was _ rubles.
The letter of claim must be accompanied by documents confirming its validity. All of them should be listed in the appendix. It can be:
- act of non-conformity of goods in terms of quality, quantity;
- transport documents;
- calculation of penalties, etc.
The complaint must be made in the correct form, rudeness is not allowed. Politeness will help set up the addressee for a constructive dialogue. However, depending on the situation, the letter may contain a warning about going to court in the event that the supplier does not correct the violations.
The claim must be signed by the head of the organization or other authorized person. The seal is optional. The document is drawn up in 2 copies: the first one must be sent to the supplier (executor). The second remains with the compiling organization.
On the first copy, it is desirable to obtain the signature of the representative of the organization where the claim is sent. Together with the signature, the date of receipt of the document must also be affixed. Alternatively, you can send a complaint by registered mail with a receipt confirmation, which will be proof that the addressee has received the document.
How to handle complaints
It is better to entrust the work with complaints to the employees of the quality service, who will check the veracity of violations, calculate the amount of damage, and determine possible options for action. Sometimes claims are made by fraudsters who spoil the goods themselves in order to then receive money for the damage.
If the complaint contains objective information, it should be taken as constructive criticism. This will help to improve the work of the enterprise and improve the quality of products (works, services). When you receive a large number of claims for a particular product, you should think about its quality or stop producing it altogether. In this case, the company will avoid receiving new complaints.
What is the time frame for handling complaints?
Specific requirements for the deadlines for filing and considering complaints are not established by law. However, the submission and consideration of claims is carried out in accordance with a regulatory act that regulates activities in a particular industry. The terms regarding the submission and consideration of claims of a claim nature can be determined in the supply agreement (work contract, services).
However, the legislation establishes a specific deadline for considering complaints in the following cases:
- cargo transportation services - 30 days. (Article 797 of the Civil Code of the Russian Federation);
- communication services - the term depends on the type of service (Art. 55 No. 126-ФЗ "On Communication" dated 07.07.2003) and ranges from 1 to 6 months.
- exchange and return of goods is made within 14 days ("Law on the Protection of Consumer Rights" dated 07.02.1992, No. 2300-I).
Based on the specified Law No. 2300-I, the terms will depend on the requirements:
- replacement of goods - 7 days;
- termination of the contract and return of funds - 10 days;
- elimination of deficiencies - 45 days
If the deadline is missed or if the customer refuses to satisfy his claims, the buyer can go to court.
How to respond to a complaint in writing
It is imperative to answer the customer to the received complaint letter. If the management considers the complaint for too long, you need to write an interim answer to the addressee. In the letter, inform that the complaint was received and accepted for consideration within such and such a timeframe. For example: “A claim regarding the failure to meet the delivery time of reinforced concrete rings KS-1, 0 has been received and will be considered. The answer will be given within _ days from the date it was received."
If the management agrees with the complaint, the answer to it is drawn up as a simple business letter of consent. It should indicate how the complaint will be resolved. Otherwise, a refusal letter is issued.
Negotiations with the client
If the client came to the head of the company to personally express a complaint, in the process of negotiations it is necessary to solve the problem of eliminating the conflict. It is important to communicate correctly with the customer. Be calm and polite when negotiating. You cannot make excuses and explain the cause of the problem. The buyer is not at all interested in this.
In order for the conflict to be resolved, it is usually enough to return the money spent to the client or change the product. The buyer can demand moral compensation, damages and face a lawsuit. In this case, you need to try to appease the client: apologize for the inconvenience and offer some bonus (for example, a discount) as compensation.
It is advisable to mention the advantages of the company in a conversation, you can show samples of new products. However, be careful not to communicate commercial information to the customer. If such work is entrusted to an inexperienced employee, first explain to him what information about the company cannot be disclosed to unauthorized persons. Successfully conducted negotiations with the client will avoid further showdown in the courts.
