Invoice offer and contract. Invoice offer: what is it, how to use it in business? Contract offer is inclined

• Each payment takes place within the framework of some kind of contract. All contracts are entered into personal account.

You will see the incoming payment in your personal account: “Home” → “Inbox”.

Payment by invoice offer as correct

Click on payment and fill out the form:

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In the Russian legal system, in order to formalize commercial legal relations, the use of such sources as an offer and a contract is provided. What are their specifics?

What is an offer?

Under offer It is customary to understand an open (published somewhere), documented proposal of a commercial company to conclude an agreement with it and addressed to potential clients, partners, and buyers.

The offer, as a rule, sets out the main terms of the transaction. First of all, this is the cost of the product or service, its main characteristics, terms of delivery, maintenance and other options offered by the organization to accompany the transaction.

An offer is an offer formed by a supplier of products or services, which a potential client, partner or buyer has the right to accept, refuse or completely ignore. But the company, in turn, may have obligations associated with the release of the document in question.

The offer is:

1. public;
2. closed;
3. hard;
4. free (actually not an offer, but in demand - we will consider this feature later).

An offer classified as public is a document through which the supplier of a product or service offers to buy it to an indefinite number of persons. Such a source reflects the characteristics of a product or service, its cost, as well as the conditions for its provision.

Descriptions of goods in catalogs of online, and in many cases also offline stores, in which the above information is indicated, can be considered as examples of public offers. But it is necessary to distinguish the corresponding document from advertising, which usually records a limited list of product characteristics, and this is not enough to recognize the banner as a public offer.

A closed offer is a document through which a company offers to buy its goods or services to a specific group of people. As a rule, the need for this arises due to the confidentiality of the information contained in the document.

Invoice offer

An example of an offer of this type is an invoice for payment for a product or service.

A firm offer is a document that a company offers to an individual and specifies in it the terms during which it undertakes to sell its goods or services at the price indicated in the source.

A free offer is understood as a document that a company offers to several buyers, and as a rule, targeted, in order to obtain from them a fundamental answer regarding the prospects for purchasing the proposed product or service. Usually its text explicitly states that this is not an offer. Or it becomes obvious due to the content of the document. Therefore, the word “offer” is used informally in this case.

Regardless of the specific type of offer (except for a free one, for the reasons noted above), its execution by the company that issued the document is mandatory - if the corresponding offer is accepted by the buyer or client. That is, it was accepted in the prescribed manner. An accepted offer is legally equivalent to a full-fledged contract.

If the company refuses to enter into an agreement with a partner on the terms set out in the offer, it will be held liable in accordance with the norms of the Civil Code of the Russian Federation. In particular, this may be the payment of a penalty to the person who accepted the offer, as well as compensation for losses, if any.

If the company that issued the offer changes its mind about entering into a transaction on the terms reflected in the document, then it has the right to withdraw it. But in this case, information about the revocation of the offer must reach its addressees before they become familiar with the provisions of the document. In addition, the source sometimes contains a provision that the offer can be withdrawn - in this case, the fact of its acceptance until the cancellation by the supplier does not matter.

What is a contract?

Agreement is a civil law agreement through which its parties establish the terms of cooperation, purchase and sale, lease of property and other nuances of legal relations. Until the contract is signed by both parties, they have no obligations to each other.

The terms of the agreement in question may be agreed upon orally or through the exchange of messages that are not legally binding documents before the transaction is formalized. They may initially contain all the conditions that are subsequently enshrined in the contract, but this will not matter. The key point in giving the document in question legal force is its signing by the parties.

An exception is if any of the messages through which the details of the contract are discussed contain signs of an offer. If it is accepted, it will acquire the status of a contract. Let us note that in practice, concluding an agreement in an appropriate way involves an offline exchange of documents - with signatures and seals of the parties. Or online - in compliance with the requirements of the legislation of the Russian Federation on the protection and confirmation of data accuracy.

Comparison

The main difference between an offer and a contract is that it is a document, the preparation and publication (or address transmission) of which is carried out by only one subject, while a contract, as a rule, is formed by at least two parties.

Offers usually spell out significantly more responsibilities than rights of the company that issued the corresponding document. For example, these could be responsibilities related to the supply of goods or services or their technical maintenance if it is electronic equipment. The obligations of the accepting party, as a rule, are limited only to payment for the goods.

In a contract, in turn, rights and obligations are usually more or less evenly distributed between the parties. It is a more balanced document in this sense.

In many aspects, an offer can be very similar to a contract: it is supposed to reflect all the main terms of the transaction, and its acceptance is actually an action similar from a legal point of view to signing a contract.

Having determined what the difference is between an offer and a contract, we will record the conclusions in the table.

Table

Payments under offer

How are they different from regular payments?

Currency control on payments under the offer takes place in the same way as under regular contracts:

• Each payment takes place within the framework of some kind of contract.

  Invoice (sample)

  All contracts are entered into your personal account.

• Some contracts need to be registered - import and credit, if the amount of payments under the contract is 3 million RUR or more, export - 6 million RUR or more.

The only difference is that the contract amount is often not specified in the offer. You can make payments without taking into account the contract. If the amount of payments exceeds the limits, we will write to you and ask you to register the contract.

But if you plan that the contract amount will exceed the limits, you can immediately register the contract.

What to do when an incoming payment under an offer has arrived?

You will see the incoming payment in your personal account: “Home” → “Inbox”. Click on payment and fill out the form:

The supporting document can be a screenshot from the personal account of the company you work with, or a receipt. We have described in detail necessary documents for popular companies:

If you haven’t found the right company and don’t know what to consider as a supporting document in your case, contact your personal manager via chat - he will tell you.

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Select “New contract” if you are registering the contract, or “Small amount contract” if not:

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New payments are visible in your personal account: “Home” → Inbox.” Go to payment and fill out the form:

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In your personal account, add a new contract: “Counterparties” → “Documents” → “+” → “Contract”:

Select “New contract” if you are registering the contract, or “Small amount contract” if not:

Click "Submit" and the contract will appear in your list of contracts. You can receive payments using it.

Each subsequent enrollment

New payments are visible in your personal account: “Home” → Inbox.”

Go to payment and fill out the form:

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First enrollment

In your personal account, add a new contract: “Counterparties” → “Documents” → “+” → “Contract”:

Select “New contract” if you are registering the contract, or “Small amount contract” if not:

Each subsequent enrollment

New payments are visible in your personal account: “Home” → Inbox.” Go to payment and fill out the form:

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In your personal account, add a new contract: “Counterparties” → “Documents” → “+” → “Contract”:

Select “New contract” if you are registering the contract, or “Small amount contract” if not:

Each subsequent enrollment

New payments are visible in your personal account: “Home” → Inbox.” Go to payment and fill out the form:

Booking.com

First enrollment

In your personal account, add a new contract: “Counterparties” → “Documents” → “+” → “Contract”:

Select “New contract” if you are registering the contract, or “Small amount contract” if not:

Each subsequent enrollment

New payments are visible in your personal account: “Home” → Inbox.” Go to payment and fill out the form:

The deed must contain the signatures and seals of both parties.

1. This Offer Invoice (hereinafter referred to as the “Invoice”) is a public offer by Mailganer LLC (hereinafter referred to as the Contractor) to the Customer for the provision of services in accordance with the assessment of work given below. The service provided by the Site is Software (hereinafter referred to as the “Software”). The Software means a part of programs, procedures, rules located on the website www.mailganer.com, which is used to deliver electronic messages (e-mail).

2. Acceptance of this Invoice is carried out by payment by the Customer of the Invoice and means the Customer’s full and unconditional consent to the terms of service provided by this invoice and the Offer Agreement located at https://mailganer.com/ru/dogovor/

3. At the Client’s request, the Offer Agreement may be provided to him in writing.

4. The Contractor undertakes:
4.1. Start work within no more than 2 (two) business days from the date of receipt of payment to the Contractor’s bank account.
4.2. The Contractor is responsible for disclosure trade secret Customer in accordance with the legislation of the Russian Federation.

5. The customer undertakes:
5.1. Provide all necessary information to complete the task.
5.2. Provide the possibility of remote access if work is performed remotely.
5.3. The deadline for receiving completed work is 5 working days. During this period, the Customer is obliged to accept the result of the task or send the task for revision with a reasoned refusal to accept the results of the work.

Invoice agreement offer for

6. As a result of the provision of services, the Parties sign a certificate of completion for services rendered.

8. The Customer, within 5 working days from the date of receipt of the acceptance certificate for the work performed, is obliged to send the Contractor a signed acceptance certificate for the work performed or a reasoned refusal to accept the work performed.

9. If the Customer unreasonably refuses to sign the Certificate of Completion, or the Customer fails to submit written disagreements justifying the impossibility of signing of this Act, The certificate of completion of work is considered signed by the Parties after 2 (two) calendar days from the day it is sent to the Customer.

10. Cost of the Contractor’s services and payment procedure:
10.1. In accordance with Article 149, paragraph 2, subparagraph 26 of the Tax Code of the Russian Federation, granting the right to use Software carried out under this Agreement is not subject to VAT.
10.2. The Customer pays for the Contractor's services in 100% prepayment by transferring funds to the Contractor's bank account within 5 business days from the date of issuance of the invoice offer.

11. Responsibility of the Parties
11.1. The Customer is responsible for the content and accuracy of the transmission of Information.
11.2. The customer bears full responsibility for compliance with the provisions current legislation Russian Federation, including provisions on advertising, on the protection of copyright and related rights, on the protection of trademarks and service marks, but not limited to the above, including for the content and form of Information (information materials).
11.3. The Licensor (Contractor) is responsible for the safety of the Licensee's (Customer's) databases, as well as for the safety of the database of email addresses left by the Licensee (Customer) in the Mailganer software, and undertakes not to transfer this data to third parties without the written consent of the Licensee (Customer) ).
11.4. In case of spam mailing by the Licensee (Customer) using Mailganer software, the Licensor (Contractor) has the right to terminate the agreement with such Licensee (Customer). At the same time, everything cash payments made by the Licensee (Customer) for services provided by the Software are non-refundable.

In economic circulation, the term invoice or invoice is more often used. However, in the civil code there is the concept of “invoice offer”. What is this? The answer to this question can be found directly in Art. 435 Civil Code. This term is interpreted as an offer that can be sent to one or more persons with the intention of concluding a specific agreement. However, the offer must contain clearly defined conditions for the upcoming transaction. The deal is considered concluded as soon as the recipient has accepted the offer. If the withdrawal of the offer was received by the sender before its issuance or at the time of issuance, then it is considered not accepted.

Species

In order to correctly use this document in your activities, knowledge that this is an invoice offer will not be enough; you need to know its types:

• Public. Such an offer is sent to a certain circle of people or an unlimited number of addressees. A striking example is a proposal for the provision of Internet or television broadcasting services, or for lending. The person who accepted the offer has the right to demand that the sender of the offer fulfill the obligations that were declared in the document.
• Free. The proposal differs only slightly from the public one in that it is sent to a specific circle of people for the purpose of further negotiations on cooperation.
• Solid. This is an offer to a specific counterparty, indicating all the terms of the transaction. If the recipient of the offer does not accept the terms, the offer may be offered to another client.
• Irrevocable. In this case, the person who issued the offer does not have the right to revoke it. A striking example is the issue of shares or other securities.

Firm offer

Having understood the types, it becomes clear that this is an invoice offer and what type of it is most often used in the normal business activities of enterprises. This is, of course, a firm offer.

The text of the invoice must indicate the validity period of the offer. The document can be sent to one or two counterparties, depending on the amount of inventory.

A firm offer can be regarded as a contractual relationship, since it requires compliance with the following requirements:

1. The document displays almost all the terms of the agreements.
2. The terms of not only the validity of the offer, but also the delivery of goods and the provision of services are specified.
3. The recipient of the offer may agree only partially with the conditions specified in the document and send the offeror a counter-offer with new conditions.
4. In case of unconditional acceptance of the offer, the buyer accepts the offer by written, oral response or signing a document.

Requirements for the text of the offer

The invoice for the supply of goods must reflect the following information in its text:

• full name of the offeror and his bank and postal details;
• a link to the agreement, if any;
• list of goods or services;
• cost for each item and total amount for payment;
• delivery times;
• obligations that both parties will fulfill;
• signatures and seals (if any) of both parties to the upcoming transaction.

The text of the document is compiled in a simple and accessible form. It is not recommended to prepare an offer on several sheets. The less text, the greater the chance that the proposal will be accepted. You can specify detailed description quality characteristics of the product. Despite the fact that there is no unified form of this document, it is still recommended to adhere to the described rules.

Acceptance

What this is - an invoice offer - is already clear, but how to accept the offer? The main thing to understand is that an offer has no force until it is accepted. The client is obliged to refuse or accept the offer. The refusal can also be “silent”, that is, without any written refusal.

Acceptance is carried out verbally or in writing, after which payment occurs. Limitations may be provided in the text of the offer, but, as a rule, it is carried out in cash or in non-cash form.

If the recipient of the offer does not unconditionally agree to accept the offer, then he draws up a written response, setting out his requirements for the new offer and the conditions on which he will agree.

The terms of the offer account are fully subject to the civil code, or rather, they presuppose the consent of both parties to the proposed transaction. Once the offer is accepted, the contract is considered to be concluded and both parties are already obliged to comply with all the conditions stipulated in the offer.

Practical use of a firm offer

An invoice-offer form is an excellent opportunity not to draw up a contract when the company has many clients and they are geographically located in different parts of the country. The main thing to remember is that an offer cannot be canceled until the acceptor accepts it or refuses it. Therefore, the document should be drawn up carefully, avoiding mistakes. In general, an invoice offer is a great opportunity to simplify document flow and increase product turnover.

Hello. In this article we will talk about what an invoice offer is. in simple words and why it is needed.

Today you will learn:

• What is an invoice offer and what information is provided in it;
• When is it appropriate to use an invoice offer;
• What does invoice acceptance mean?

What is an offer

Many have heard this mysterious word “offer” but still do not know what this “beast” is and what it is eaten with. In fact, every entrepreneur should know what an offer is and clearly understand all the nuances.

However, in practice everything is simple and – this is a common offer. It is worth clearly understanding that an offer is not a contract that everyone is familiar with, but only an invoice that a company issues to pay for goods or services.

As a rule, companies make such invoices to clients to attract attention. This is a kind of commercial offer that customers either agree to and pay or refuse. In the second case, it is recommended to give a written refusal, without specifying a reason.

You can send an offer-invoice in any convenient way:

• By email, which is the most popular option in the age of global technology;
• By registered mail by regular mail;
• By courier.

Many citizens are sure that the offer can only be public. This opinion exists because in the media we often hear the phrase “not a public offer.”

In fact, there are several main types of invoice offer:

1. Irrevocable. The essence of this proposal is that it is concluded with everyone. As a rule, it is not limited in time and cannot be withdrawn. In practice, such a proposal can be found in issuing companies.
2. Free. This type is intended for some buyers. In practice, this offer is formed by specific companies that may show interest in the product or service.
3. Solid. In this case, it is done exclusively individually. This can be called a vip offer, where the deadlines within which acceptance is possible are clearly stated.
4. Public. Well, familiar to everyone, last view. This is an offer that is made publicly. The media may be involved here.

What does the invoice include?

Do not forget that the invoice must be drawn up in simple and accessible language. In this case, it is necessary to take into account the basic rules for drawing up accounts and the fact that there is no single generally accepted model.

You should know that this document should include:

• Full name of the company that offers the services;
• Full name of the manager or responsible employee;
• The contract number, which is indicated in the header of the document;
• Full list of services offered;
• List of prices per unit of production, it is important to take into account that all prices must be decrypted;
• Exact delivery and delivery times;
• Obligations of each party;
• Full details for making payment;
• Signatures of each party.

When drafting a document, you must remember that all information must be clear and to the point. There is no need to write everything out on several pages. The more accessible and simple you make an offer, the more likely it is to receive a positive response.

Do not forget that the signature must be stamped. If you offer to purchase a product, you can additionally indicate its characteristics. This will allow the client to form a complete picture of what is being offered to him.

Since there is no single form approved for the offer, when drawing up an invoice, the company can use its own templates, guided by internal politics companies. Also, when drawing up, it is necessary to take into account that the offer is made on official letterhead with the company logo.

Sample invoices

• Download the invoice form
• Invoice form 2

Basic conditions for the invoice offer

An invoice offer is very convenient way directions of the offer regardless of the territory of location. Today, you can send a document by email and receive an instant response.

At the same time, few people know that half of the success will depend not on the proposal itself, but on how it is composed. Therefore, this issue should be approached responsibly, because otherwise, the offer may simply remain unnoticed.

In order for the drawn up invoice to be considered an official offer, the following basic conditions should be taken into account when drawing up:

• It is necessary to draw up an invoice offer in accessible language, clearly and to the point, to state all the terms of the transaction, so that the client has no questions after review;
• The subject of the contract must be clearly stated, but it should be taken into account that it should not be vague;
• If acceptance occurs, all terms of the contract must be strictly observed.

After studying the offer, the client should receive maximum information and, without asking additional questions, make a decision.

When to use

If a company has many buyers and customers, then even the preparation of ordinary standard contracts It takes a lot of time: drafting, agreeing and signing. But what if the partners are in another city?

In this case, the Internet will come to the rescue to overcome the distance. In most cases, a commercial offer is sent to all potential clients by email.

It is worth noting that the offer cannot be withdrawn before the deadline for its acceptance. Therefore, organizations making offers must carefully check all data provided.

Example. If the unit price of the product is 1,100 rubles, and you make a mistake and indicate 110 rubles, then if the offer is accepted, you will suffer large losses, since you will only receive 1/10 of the cost. And most importantly, the law in this case will be on the side of the consumer to whom you have made a specific official offer.

Let's consider when an offer invoice is used:

1. In practice, an offer is used when a new product or service appears that no one knew about before. Making a competent proposal and sending it is a great way to make a profit in the shortest possible time.
2. If you need to quickly sell a product at a reduced price. You could say this is an offer as part of a special limited-time promotion. When sending an invoice offer, the end date of the offer is clearly stated.
3. And, of course, companies send proposals when it is necessary to develop a client base and attract a new client to the company. Can be used as contacts usual recommendations existing clients.

Acceptance of the offer

It must be clearly understood that the invoice offer has no legal force until it is accepted.

– this is direct consent to sign the agreement.

Therefore, in this case it works very simple circuit, in which the company sends an invoice offer to its client, and the client, in turn, carefully studies the documents received, agrees and makes payment.

It is necessary to take into account that the client can provide acceptance not only in writing, but also orally. Payment can be made either in cash or by non-cash method.

The whole process can be schematically represented as follows:

In practice, when receiving an invoice based on an offer, the other party may have questions or suggestions. In this case, all wishes are compiled and sent by reply letter. The agreement will not be concluded until both parties find the so-called golden mean.

According to Art. 154 of the Civil Code of the Russian Federation, the consent of both parties is required to conclude an agreement. Therefore, we emphasize once again that sending an invoice offer does not mean that the recipient will agree to sign it.

When agreements are reached, the contract is signed. In this case, the party that made the proposal will receive the status of offeror, and the party that accepted it will be called an acceptor. From this moment on, each party is obliged to comply with all clauses of the agreement.

The process of drawing up an offer is governed by the provisions of the Civil Code of the Russian Federation. In accordance with Art. 436 of the Civil Code of the Russian Federation, an offer received by a client cannot be withdrawn within the period established for its acceptance, unless otherwise specified in the offer itself or does not follow from the commercial offer itself or the situation in which it was made. Therefore, when sending invoices to all clients of the organization, the company manager needs to expect that this commercial offer can be accepted by a larger number of buyers than he expects, and reserve the goods in order to avoid the possibility of legal liability and penalties for non-fulfillment of contractual relations. To eliminate and minimize these risks, the issued invoice must indicate the validity period of the commercial proposal. This mechanism will be relevant if there is a significant change in prices for the goods supplied or services provided. A free offer has more flexible conditions in terms of obligations, but it is not invoiced.

• Serial number and date of registration of the commercial offer;
• Document title, for example, “On the supply of refrigeration equipment”;
• Bank details of the payee;
• Name of the seller's organization;
• Name of the buyer's organization;
• Subject of the contract: name of the services provided or nomenclature of the supplied goods with units of measurement, quantity and cost;
• Terms of the transaction;
• Terms of payment;
• Delivery time, including the timing of loading and delivery of goods;
• Container and packaging;
• List of obligations of each party;
• Penalties in case of non-fulfillment of obligations;
• Signatures of responsible persons;
• Seal of the organization.

Invoice offer: what is it, how to use it in business activities

• Public. Such an offer is sent to a certain circle of people or an unlimited number of addressees. A striking example is a proposal for the provision of Internet or television broadcasting services, or for lending. The person who accepted the offer has the right to demand that the sender of the offer fulfill the obligations that were declared in the document.
• Free. The proposal differs only slightly from the public one in that it is sent to a specific circle of people for the purpose of further negotiations on cooperation.
• Solid. This is an offer to a specific counterparty, indicating all the terms of the transaction. If the recipient of the offer does not accept the terms, the offer may be offered to another client.
• Irrevocable. In this case, the person who issued the offer does not have the right to revoke it. A striking example is the issue of shares or other securities.

1. The document displays almost all the terms of the agreements.
2. The terms of not only the validity of the offer, but also the delivery of goods and the provision of services are specified.
3. The recipient of the offer may agree only partially with the conditions specified in the document and send the offeror a counter-offer with new conditions.
4. In case of unconditional acceptance of the offer, the buyer accepts the offer by written, oral response or signing a document.

Sample invoice offer

Today there is no unified single document template, so representatives of enterprises and organizations can create a document in any form or develop and approve their own template. The main condition is that the form meets certain office work requirements in terms of structure, and that in terms of content it includes a number of mandatory data.

Quite often, an invoice offer is used when a seller or manufacturer of goods or services attracts customers by mass mailing their commercial offer. Urgency or time limitation is one of the main features of such an invoice offer.

What is an invoice - how to create samples

Example. If the unit price of the product is 1,100 rubles, and you make a mistake and indicate 110 rubles, then if the offer is accepted, you will suffer large losses, since you will only receive 1/10 of the cost. And most importantly, the law in this case will be on the side of the consumer to whom you have made a specific official offer.

• Full name of the company that offers the services;
• Full name of the manager or responsible employee;
• The contract number, which is indicated in the header of the document;
• Full list of services offered;
• List of prices per unit of production, it is important to take into account that all prices must be decrypted;
• Exact delivery and delivery times;
• Obligations of each party;
• Full details for making payment;
• Signatures of each party.

What is an invoice document?

Typically, such an account is used by companies when sending offers to their customers in the case of using a public offer; it can also be simple, when the offer can be refused in writing, or firm - in the case of an offer to a specific consumer.

• Full name and details of the company making the offer;
• Full name of the manager;
• Contract number in the header of the document;
• Complete list of products or services;
• List of prices with breakdown for each product item;
• Delivery and delivery times. Here you will learn how to draw up a commercial proposal for the supply of goods;
• Obligations of the parties;
• Details for making payment for products;
• Signatures and date of preparation, which should be the date of signing the document, not its formation

Invoice offer (sample) for the provision of services: features and judicial practice

Acceptance is payment of an invoice for a service to be provided. In other words, by paying, the client automatically agrees to the terms and conditions specified in it. If the acceptor has any questions, the other party expresses them in a response notice. An agreement can only take place if both parties are satisfied with the terms.

A convenient and more simplified way of concluding transactions in a business environment is an offer. The parties do not sign anything. This is a kind of offer of your product. Purchasing a product in a store is also an offer. Unconditional compliance with all terms of the agreement, after acceptance, is one of the most important components of such an agreement.

Invoice offer: what it is, form and sections of the document

An invoice is an offer if it indicates: the addressee, the essential terms of the contract and the intention of the sender (offeror) to consider himself to have entered into a contract. In order for it to be legally considered concluded, the recipient must and sufficiently pay (accept) it, as stated in Art. 438 Civil Code of the Russian Federation.

If a company has a large number of buyers and customers, the need to conclude even standard contracts significantly increases the volume of document flow and the time for their preparation, approval and signing. If partners are in other cities, the problem gets worse. Using invoice offers helps overcome territorial barriers and save time. Most often this type of account used when sending commercial offers to potential buyers.

Offer or offer: how to do it correctly

Public is addressed to an indefinite number of people. In this case, the offer contains the essential terms of the contract (Article 437 of the Civil Code of the Russian Federation), which anyone can agree to. For example, an example of a public offer can be offers received from online stores. On their official websites you can find all the necessary information about the product (service) they offer: type, price, terms of purchase, etc. A person, having responded to the offer and taking the actions provided for in the public offer agreement, can make demands on the offeror in order to fulfill the terms of the agreement . It is also used by banking institutions.

In Articles 435 - 449 of the Civil Code of the Russian Federation, which are specifically devoted to issues related to the offer, there is a direct indication that the contract will be considered concluded only if the condition is met that a specific offer made by one person must be accepted by another. One of the important conditions of the offer is the mandatory content of contractual terms that are essential.

What is an offer agreement?

To put it another way, the offer represents the initial stage of agreeing on a contract. This concerns the very term of the offer, its terms and all the main points, this is indicated in the first paragraph of Article 435. Every nuance is regulated in the Civil Code, so controversial situations should not arise.

It is for them that she will execute transactions with users. However, this list cannot be considered an offer if unless one important condition is met: The offer must clearly and unambiguously describe the company's intention to sign the contract.

An invoice instead of a supply contract

At the same time, according to Part 3 of Art. 438 of the Civil Code of the Russian Federation, the fulfillment by the person who received the offer, within the period established for its acceptance, of actions to fulfill the terms of the contract specified in it (shipment of goods, provision of services, performance of work, payment of the appropriate amount, etc.) is considered acceptance, unless otherwise provided for by law, other legal acts or not specified in the offer.

Thus, to avoid the situation of changing the price of the product? for example, due to fluctuations in foreign currency exchange rates, such an offer invoice must indicate that this invoice is an offer and the offer (offer to conclude an agreement contained in the invoice) is valid for a certain period of time, for example, within 3 working days.

05 Aug 2018 2341

Pavel Viktorovich, hello!

In clause 1.2. The price of the product includes the cost of the product and its labeling, 18% VAT.

I think, to make it clear, you need to add the word taking into account 18% VAT.

1.3. The buyer pays for the goods with 100% advance payment.

I would suggest adding that when paying for the goods, the Buyer expresses acceptance - consent to conclude a contract, and the terms of the invoice.

4.5. - normal, but the Buyer needs to be disciplined in terms of returning accounting documents and the penalty in the amount of the discount rate of bank interest on the day of fulfillment of the monetary obligation is very small, I suggest setting specific numbers, for example, 0.2% of the contract price for each day late payment.

4.6. ok, but you also need to indicate the responsibility for the return of the contract. In your case, the signature of the agreement will confirm 1.3.

4.7. normal, but you need to write that the Buyer is obliged, at the written request of the Seller, to carry out a reconciliation and sign a reconciliation report (in court, this document has weight as evidence) and send it within a certain period, and also establish, as I said, responsibility.

4.8. well written.

4.9. the prohibition of unilateral refusal is normally stated.

5.2. there does not necessarily have to be an agreement of agency, it can be a notification letter in a simple form that such and such a person must pay for such and such a product.

6. - state the terms of the purchase so that it cannot be qualified as a supply agreement. You want it to be a purchase and sale agreement. An essential condition for delivery is the delivery time ( Art. 506 Civil Code of the Russian Federation) , in buying and selling this is not significant.

6.3. The place of fulfillment is correctly stated, but if you have a warehouse, you can write it specifically.

I would suggest adding to the agreement that you can exchange electronic documents via email specified in the details of the agreement; the letter should have a mark that you come up with yourself. Electronic document management is the proper written document management.

What is this for? In order to send a claim (optionally) by mail in case of a dispute and prove in court that you promptly took measures to resolve the dispute.

For example, in accordance with Part 3 of Art. 75 of the Arbitration Procedure Code of the Russian Federation, documents received by facsimile, electronic or other communication, including using the information and telecommunication network "Internet", as well as documents signed with an electronic signature in the manner established by the legislation of the Russian Federation, are admitted as written evidence in cases and in the manner prescribed by this Code, other federal laws, other regulatory legal acts or agreement.

Those. in court this is accepted by proper evidence, you just need to correctly spell out the terms in the contract.