Failure to comply with the contractual obligations between the parties
Stipulated by the legislation forms and methods of reorganization and liquidation of legal entities in practice often entails deterioration activities reorganized company.Thus, when the reorganization in the form of allocation of LLC "Builder" another LLC "Concrete-2", the last counterparties immediately felt deterioration of production of LLC "Concrete-2" and not keeping its employees work discipline, poured more often in such cases, given below.
So, December 09, 2010. in accordance with the contract № 50987-09 on 10/10/2009 at «Gipregion" received the goods from the Company "Concrete-2", the Nahavinsk through driver Borovkina TA (Authorization number 48305). The cargo was shipped in accordance with the bill of lading number 94827483 from .06.08 city, packing lists. Cargo transported in boxes a total of 5 seats.
Cargo for carriage in the packaging was adopted for the finished product five wooden boxes, edged metal tape. Of tampering and intrusion is detected.
During putaway number 40 on the retranslation and reconciliation with overhead and other documents identified by shortage wheel braking element (MIM packer, AAC 12) in an amount of 400 pieces . in the amount of 90,876 rubles. VAT.
Product acceptance had to be stopped to report the shortage of official act 675 of 12.09.2010g. signed by the persons who carried out the acceptance of products.Received All products accepted for safekeeping before arrival supplier representative. Report missing Supplier notified by telegram from 17.09.2011g. To participate in the acceptance of the Supplier's representative had not arrived, and therefore, in accordance with § 18 Instructions number P-6 final acceptance by the number of products produced with the participation of members of the public Kiryukhina TM
Fact shortage certify act number 8976, signed by members of the committee, member of the public Kiryukhina TM
According to paragraph 7.9 of the contract number 9867 from 10.10.2009, as well as Instruction P-6, the responsibility for the loss, in this case, the responsibility of the Supplier, as acceptance of products received in sealed form, occurs in the opening sealed vehicles.
In the presence of large number of similar claims by more and more contractors could jeopardize the very existence LLC. As united, contractors can apply to the court for liquidation Ltd by selling its assets in order to repay his debt to them
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