home » Companies » A letter about the quality of work. How and when to draw up letters of guarantee? What is a letter of guarantee

A letter about the quality of work. How and when to draw up letters of guarantee? What is a letter of guarantee

The letter of guarantee is one of the documents business correspondence between partners. With such a document, one party to the contract gives a guarantee for the performance of certain actions (payment, performance of work) before the other.

There are no norms in the law, which must be guided by when drawing up the text of the letter. However, in terms of business correspondence, well-established rules have been formed when writing a letter of guarantee.

In business correspondence, the letters received are recorded by the secretary, the incoming number for the document must be affixed.

The purpose

The main purpose of the letter is certification of your business partner the fact that the work specified in the work contract will certainly be performed. Often in the text of the letter, specific deadlines for the execution of work are indicated.

Situations when it is necessary to draw up it

A letter of guarantee can be drawn up both separately and in response to a letter of claim from the customer. Such a letter is presented to the second party if there is a need to confirm their intentions regarding the performance of work under the contract. The contractor by this letter can also indicate the specific deadlines for the completion of the work or services, if they are overdue. It should be said that the receipt by the Customer of the letter does not oblige him to accept the conditions set forth by the Contractor or the Contractor.

A letter of guarantee is not a bilateral document, unlike an additional agreement to an agreement or contract signed by the parties. However, in jurisprudence In dispute resolution, there are cases in which the information contained in this document is taken into account when making decisions.

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The procedure for compiling this letter

Requirements

A letter of guarantee is drawn up on an A4 sheet, as a rule, on one. This document can be written in letterhead organization or, in its absence, an ordinary sheet certified by the seal of the organization.

This document has one structure. Depending on the specific situation, only the text of the letter changes.
A letter of guarantees for the performance of work, in addition to the signature of the head of the company, implies a signature responsible person(deputy director, foreman, etc.). Writing style- purely businesslike, should not contain lyrical digressions.

The text of the letter uses the following turnovers:

LLC "XXX" guarantees the fulfillment of ...;
"With this letter we guarantee ...";
"By this letter, LLC" XXX "guarantees ...".

Letter of guarantee consists from:

Headers of the document, which contains the details of the sending company, outgoing number, addressee).
Text is a guarantee.
The final part with the signatures of the responsible persons.

Mandatory items

The letter of guarantee is sent to the party on the company letterhead.

Moreover, it should include:

Company details, date and outgoing number.
Recipient of the letter. Here, both the person to whom it is addressed (manager) and the recipient company (legal entity) can be indicated.
The text of the letter itself, indicating the timing of the work or schedule.
The author must indicate the position and his data (surname, initials), a signature is put.
Seal.

Applications

As a rule, letters of guarantee are sent without attachments. But if needed in the application you can specify work schedule with an indication of the deadline for each object or stage.

The need to draw up a letter of guarantee and a reconciliation statement is described in the following video:

Features of the compilation of some types

Construction works

By doing construction works under the contract, the Contractor can guarantee by a letter of guarantee conformity work carried out at the facility to the standards of Gost or SNIP. Such a letter demonstrates the good faith of the contractor.

Contractor performance

When performing work by a contractor in a letter of guarantee may indicate term of performance of work under the contract: “By this letter, LLC Stroymontazhinvest guarantees the performance of work under contract No. dated 01.01.2015 until 31.06.2015.

Time shift

In case of violation of the terms of delivery of the object or the performance of repair work, the contractor has the right to send to the customer letter of guarantee on the performance of work. In it he can indicate terms, during which it is planned to commission the object, indicate reasons for the delay execution of contractual agreements.
Thus, the letter is primarily drawn up to confirm the intentions of the contractor or justify the delay in the deadline and indicate the end of the obligations under the contract.

A letter of guarantee for payment is a document in which one of the parties to the transaction confirms its intention to pay (in the near future) for the product or service received. Simply put, such a letter is a way of securing financial obligations. Not the most reliable, but popular and quite effective.

When to write?

The most common scenario: an entrepreneur urgently needs to purchase a new consignment of goods or use some service, but the financial situation does not allow to pay immediately. It doesn't matter - you can ask the counterparty for a delay. If he agrees, the businessman will simply write a letter of guarantee for him. This is a common practice in cases where both parties have long and successfully cooperated (and, accordingly, are confident in the decency of each other).

Very often, a letter of guarantee becomes a response to a letter of claim. Let's say you ordered a product or service from a seller (performer), but there were problems with payment. Naturally, the seller will send you a claim asking you to pay as soon as possible. Unpleasant situation. But what if you can't give the money right now? That's right, write a letter of guarantee. Even if your counterparty prefers real money to any messages, he will probably be satisfied with this letter at first (and at least will not go straight to court).

Registration

The law does not say unequivocally how to write a letter of guarantee for payment, and there is no special form for such messages. If the guarantee is drawn up on behalf of a legal entity, then it must be written on a letterhead. In this case, the head, in addition to his signature, will also have to put a seal. But individual entrepreneurs (and individuals, that is, ordinary citizens) can draw up this document on an ordinary sheet of paper.

The list of required details looks like this:

the number of the outgoing letter and the date of its compilation;
data about the sender (name of the company, full name of the entrepreneur himself);
information about the recipient - the name of the organization (full, not abbreviated) and the full name of its head, for whom the guarantee is intended;
title - here you can simply indicate the subject of the message, the title "Letter of guarantee" is usually not written.

Instead of manually writing the sender's data, you can put a company stamp (if any).

What to write in the text?

The text of the letter usually consists of four short parts:

first, the entrepreneur indicates what financial obligations he undertakes to fulfill;
then there is a mention of the period during which he plans to do this (specific or approximate);
are required to be prescribed Bank details- number of the account from which the payment will be made;
Finally, they mention penalties in case of violation of the obligations assumed by the entrepreneur (this point is not mandatory, it is not always included in the text of the guarantee).

The following template wording and introductory phrases can be used in the text:

We guarantee;
We guarantee by this letter;
The company "Such-and-such" guarantees;
We guarantee timely payment in full;
We hereby guarantee.

An important point: if you are the head of a company (that is, a full-fledged legal entity), then it is advisable that the letter of guarantee is also signed by your Chief Accountant... If you are an individual entrepreneur, then put only your signature.

Consider a few guidelines when designing and writing a letter of guarantee.

Write the text in simple, clear, concise phrases. The simpler the document is to be written, the better - so it is guaranteed that there will not be any vague and ambiguous provisions.
If you have to draw up letters of guarantee often - compose for yourself standardized sample so that you don't have to rewrite the message from scratch every time.
If desired, a letter of guarantee can be issued in more detail than was indicated in the above scheme. Nobody forbids to write as specifically as possible on which days you are going to pay off, with what time intervals, why, etc. But do not overdo it - the text should fit on one sheet.
Always indicate your checking account. The recipient must know where the payment will come from.
You can additionally attach various documents to the letter, if required by the counterparty. This may be a Certificate of state registration your company (or individual entrepreneur), an extract from the Unified State Register of Legal Entities, an order on the appointment of a general director, etc. own initiative you don't need to apply any of this.

The point about responsibility for violation of payment terms is worth mentioning in more detail. Essentially, letters of guarantee are IOUs. Accordingly, they should indicate responsibility for non-payment and delay (at least in theory). For this purpose, indicate in a separate line the procedure for calculating "penalty" interest for each day of delay.

However, this clause is not always used. Sometimes the manager forgets about it unintentionally (it is not mandatory), sometimes - intentionally (because no one wants to voluntarily increase the burden of their responsibility). It happens that the other side believes in the integrity of the entrepreneur and does not want to darken the cooperation by scrupulous prescription of interest, fines and other "usurious chips". You need to understand two things:

even if this is not mentioned separately, it is possible to collect interest on delay (according to article 395 of the Civil Code);
but you won't get much - the amount of the fine is limited to 0.3 percent for one day of delay.

In addition, without a reservation on the procedure for calculating penalties, even this 0.3 percent simply cannot be obtained - the second party will have to go to court and prove for a long time that this case falls under the provision on additional payment for using other people's funds.

In a word, if you do not write, but receive a letter of guarantee for payment, immediately prepare a sample for the counterparty, which will provide for a debt collection clause (see the sample below). If you are composing the letter yourself, try to delicately omit this part. This is not entirely correct from a business point of view, but why do you need unnecessary (albeit unlikely) problems?

Compilation example

A classic letter of guarantee looks something like this (we provide only the text, no details):

“We ask you to send us the next batch of products in accordance with the application No. 1753 dated July 20, 2015.

We guarantee by this letter that the payment in the amount of 30,000 (thirty thousand) rubles will be made by us before September 1, 2015.

In case of non-payment in the established amount in set time This letter of guarantee should be considered as confirmation of the fact that our company has received a commercial loan for the amount of delivered products. In this case, for each day of delay in payment, an additional amount of 1% of the amount of overdue obligations will be charged.

Our bank details:

OJSC JSCB Uralsib, St. Petersburg.

bank account number such and such ".

Download a sample letter of guarantee for payment.

As you can see, everything is pretty simple. The most important issue is late due, and now you know how best to deal with it. And remember - a letter of guarantee does not create one hundred percent legal guarantees of fulfillment of obligations. This is just an analogue of an IOU, nothing more.

Warranty or business letter- not a simple document, it is a confirmation of the fulfillment of any actions and even compliance with the conditions set. In it, you can fix the deadline for the performance of work, a guarantee of the quality of the service provided, the fact of remuneration or cash payment. To correctly draw up a letter of guarantee, you should rely on existing design samples and forms.

Note: For a printed version, click on the image, then click on the preview and configure the appropriate print option.

Sample filling and form of a letter of guarantee for payment of debt and payment for the purchased goods or products

Consider the form of a letter of guarantee for payment of debt and several examples of filling it out. It is advisable that you draw up a document on a special letterhead of the organization, as well as that there is a seal and signatures of the main persons of the company.

Designed samples:

A business letter for payment for purchased goods or products looks like this:

Sample filling and form of a letter of guarantee for the performance of work

The document must contain a clause indicating the performance of work, as well as the deadline for fulfilling obligations to the organization.
Letter form:

Sample filling and form of a letter of guarantee for the supply of goods from the manufacturer

Often, organizations independently put forward requirements for an application for receiving goods. However, there is also a standard form:

Example of a letter for the delivery of goods:

Sample filling and form of a letter of guarantee for employment or from an employer

A letter of guarantee for employment is a secondary document. It contains information that your candidacy has been considered for a specific position. In addition, your salary can be written. Some employers dispense with this document and simply prepare a job order. Here are some examples of a job guarantee letter:

Most often, letters of guarantee are required by foreign citizens. They need a certified document to prove that the organization can employ them and provide the conditions for the employee to work.

Sample filling and form of a letter of guarantee for hiring

This document differs from the previous one in that it must contain information about your admission to the organization - the exact date. Also, the employer is obliged to record your wages, room employment contract and order number. Here is a form of a letter of guarantee for hiring and an example of filling out a sample:

Sample filling and form of a letter of guarantee for inviting a foreigner

Sample filling and form of a letter of guarantee for practice and training

Examples of letters from an individual will also be filled out using this form. There are no other forms of letters of guarantee to the bank. Documents are drawn up, depending on their function. For example, a business letter may be a guarantee of payment of a debt on a loan or a request to change personal information.

Sample filling and form of a letter of guarantee for repair

Sample filling and form of a letter of guarantee for equipment

When a company interacts with each other, as well as with individuals, it is often necessary to draw up a letter of guarantee according to a specific model. There are no specific requirements for such a document in the legislation, so each company has the right to choose one or another form itself. How to compose it correctly, as well as real examples of writing - below.

When drawing up, it should be borne in mind that regardless of the specific sample, this document confirms certain facts that are indicated in the text, for example:

the intention to sign a contract (often a preliminary contract is also drawn up for this);
information about the bank account;
guarantees of fulfillment of certain obligations.

It is always signed by the head of the company. Along with it, a deputy can also sign, as well as any other official who is also entrusted with the fulfillment of obligations (for example, a chief accountant).

NOTE. Regardless of the specific sample, the letter of guarantee is always printed itself on the company's letterhead, which contains the contact information, the full name of the institution. As a rule, the document is also stamped with the firm's seal.

For correct drafting, you can stick to any pattern. The content of a specific document, as a rule, depends on the specific case, but should contain the following information:

date of compilation and outgoing number, which is registered in a special register of the company;
name of the recipient, as well as, full name general director company or other employee to whose name it is sent;
the topic itself is usually indicated as the title of the document;
then follows the text, which is compiled succinctly and extremely specifically (as a rule, the entire text fits on 1 printed page);
if documents are attached to the letter that confirm the fact of the guarantee, the section "Attachments" is filled in, which indicates the name of these documents, their number and type (original or copy).
at the end, the position and surname, name, patronymic of the employee who compiled it are indicated;
followed by the date and signature.

NOTE. If an employee acts on the basis of a power of attorney, he indicates the details of this document, and also attaches a copy of the power of attorney to them. In this case, the company seal is usually not affixed.

Kinds

At the moment, a certain writing practice has developed in the business document flow, on the basis of which several types of this document can be determined:

Form and examples

In its simplest form, the sample includes only the most basic sections, namely:

to whom it is addressed;
who made it up;
content;
date, signature and seal.

If we are talking about paying for a product that is currently being tested to make a final decision on the purchase or refusal, you can use such a sample.

In some cases, it has a different name, for example "Schedule of repayment of loan obligations". Then it is only important to prescribe a repayment schedule - i.e. terms and amounts.

If the employer gives a guarantee to employ a citizen, an example will look like this:

Rules for drawing up and registration

Regardless of the specific sample, when compiling, it is desirable to proceed from the following rules:

The style of presentation is only officially businesslike.
Volume no more than 1-2 printed pages
In the text, it is undesirable to use complex syntactic constructions that impede perception.
Any grammatical errors are not allowed.
Since the letter must guarantee certain actions that the party intends to perform, then they should be written in a separate paragraph and highlighted by different means(in italics, bold or larger).
The text of the promise itself must be extremely specific - for example: "We vouch for the service of connecting to the Internet in accordance with the contract for the provision of paid services dated 05/22/2014 no later than 11/30/2017" (and not in November of this year) ...

It is important to strengthen your pledge by supporting it with appropriate documentary evidence, if possible.

Always compiled in 2 copies, each of which bears the CEO's signature and blue seal. One copy remains in the custody of the sender and is recorded in the document circulation journal.

Delivery methods

personally in hand together with the courier;
by registered mail with acknowledgment of receipt;
using a scan of the document through email- in this case, it is important to understand that it is the original scanned or photographed that is being sent.

It is not sent by fax, because in this case it is not always known how well it will be printed and whether it will reach a specific addressee.

Legal force

Regardless of the content of the text, as well as the sample according to which it was drawn up, the document has legal force. However, specific liability is associated with those obligations that are indicated in the text:

In most cases, it is drawn up as a declaration of intent that the company will conclude an agreement in the future on certain conditions. Then it is considered that the legal entity has only expressed its intentions, which it can refuse. Therefore, in this case, it has only an informative character.
They are also drawn up in cases where the company confirms its intention to pay for a product or service for a certain period of time. It is imperative to provide links to specific contracts and other documents between contractors.
It is also compiled for the bank, when the company confirms the existence of debt obligations and the intention to make the next payment or to pay off the entire debt before a specific date.

In the last 2 cases, the company that made up not only declares its intention to pay for the product, service or financial obligation, but also guarantees to do so within a certain period of time. Therefore, such a document has full legal force. Accordingly, the other party can use the letter as additional evidence if it becomes necessary to conduct legal proceedings.

The purpose of letters of guarantee is to provide the addressees with written guarantees. They confirm the agreed conditions or promises, intentions or actions of the sender related to the interests of the addressee.

Letters can be addressed to an individual or organization. They are a document containing guarantees, even if the word “guarantee” itself is not present in the text. Such letters can confirm the deadlines for the completion of work, payment for the work performed or for the products received, the quality of the supplied goods or work performance, the delivery time, and so on. Such clauses are necessary in cases where one party is not sure about the implementation of the agreement.

These points constitute the content of the letter or are part of it. The letter of guarantee is of a legal nature and by its status corresponds to documents of a contractual nature ( additional agreement, contract, etc.).

Often, letters are provided to confirm the payment was made. Here they indicate a link to the number of the invoice or contract on the basis of which the payment was to be made. In addition, letters serve as documents for third parties and are accepted by the bank as collateral for a loan (they confirm the fact that the addressee has received the required amount to repay it).

For example, when registering legal entities a letter of guarantee is enough to provide a legal address, since it is impossible to conclude an office lease agreement.

The document is notable for its accuracy, clarity and unambiguity of wording, since it tells about the provision of guarantees on behalf of or on behalf of official or organization. It indicates the type of operation or the complete procedure that will be carried out.

Letters begin with a statement of the essence of the guarantees provided to the addressee, for example:

We guarantee by this letter ……

In other cases, they contain a statement of the reasons why the author declares his readiness to provide the addressee with certain guarantees. Here the statement is contained in the final part, for example:

We guarantee full and timely payment

A characteristic feature of the document is that along with the signature of the director (author) there is the signature of the official responsible for financial and other monetary matters. When sending a letter as an obligation to pay for the provided service, purchase, etc. in the text indicate the bank details of the paying company.

Typical letter phrases:

We guarantee ...
We hereby guarantee ...
The company "Name" guarantees ...
Payment on time…. guarantee ... etc.

Letters of guarantee are drawn up according to general rules drawing up.

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