Letter of guarantee for product warranty. How to write a letter of guarantee for payment

One of the integral components of business relationships is business correspondence. One of the types of which, in turn, is a letter of guarantee. In it, the sender expresses promises/guarantees to carry out any actions regarding the addressee that are directly related to the interests of the addressee. This letter is not a formal commitment, but a confirmation of the obligations assumed by the sender. Each letter of guarantee must be signed by the head of the organization, has the appropriate seals and is registered through the company office.

How to draw up a letter of guarantee - the nuances of drawing up a letter of guarantee

Letters of guarantee are quite common in business these days. They are most often used in the following cases:

Confirmation of payment for something (work, services, goods, etc.).
Deferred payment guarantee.
Intentions of the legal entity regarding potential cooperation.
Providing information to third parties.

Features of drawing up a letter of guarantee:

Purely business language, no long and vague phrases.
Clarity of wording.
An indication of the type of circumstances or a statement of the entire procedure for fulfilling obligations.
Drawing up this document on the sender’s letterhead.
Affixing the document with the seal of the sending company.
Signature of management and chief accountant.
Stylistic, and especially spelling/punctuation errors in the letter are unacceptable.
A letter not written according to the rules may be considered invalid.

Most of these documents begin with the phrases “We assure (guarantee) with this letter...” or “In view of the agreement signed between our companies and the prepayment made...”, etc. Provided that the letter is about guarantees of payment, it is mandatory to indicate bank details. Also, copies of certain documents are often attached to the letter, if necessary.

What should be in the letter?

Name of the sending company + standard set of organization details.
Serial number of the letter + date of registration of this document as outgoing.
Addressee details (full name or company name).
The essence of the appeal is in the content of the letter.
Signature of the addressee (manager).
Official seal of the organization (readable imprint).

Main types of letters of guarantee - characteristics and features of filling out letters of guarantee for individuals and legal entities

An organization can provide a letter of guarantee to both individuals and legal entities, depending on the circumstances. Moreover, the word “guarantee” itself may not even be mentioned in the text. The main thing is that the content of the letter contains confirmation of the organization’s intentions. The types of letters of guarantee are as follows:

Letter of guarantee for payment of debt or payment for purchased goods. This document is most often used in relations between firms and companies. With such a letter, the company confirms its obligations to make timely payment for services/goods that were lent.
Letter of guarantee for the work. In such a document, in addition to the number/date of the “outgoing” and the addressee, the obligations themselves (to be fulfilled), their volume and deadlines are usually indicated. Wording - “We guarantee...”, “We hereby guarantee...”, etc. As well as details, signature with decoding and seal.
A letter of guarantee for the provision of a legal address or a letter of guarantee from a potential landlord. This document is needed to register a legal entity that does not have its own premises and rents space. At the request of the tenant, the owner of the premises draws up a similar document (that is, confirmation of the company’s legal address), which essentially is a guarantee that the organization will be provided with the premises specified in the registration documents for rent. It is worth noting that the absence of this letter cannot become a reason for subsequent refusal of registration.
Letter of guarantee for the delivery of goods. This document usually writes about the supplier’s obligations regarding the timing and quantity of goods/services. The letter must correspond as clearly as possible to the agreement you previously signed.
Employment guarantee letter. This document is created on the letterhead of the addressee company. The text of the letter indicates to whom, from whom and for what specialty, employment guarantees are provided.
Letter of guarantee for employment. This document confirms the signing of an agreement based on labor relations between the employer and the employee himself. Such a letter is often required to be provided to the FMS when, for example, an employee is sent to another country. The letter is also used as a legal document in traditional employment and regulation of employee/employer relations.
Letter of guarantee for inviting a foreigner. It is constituted by a legal entity, at the invitation of which a foreign citizen arrives in the country to work. The letter indicates that the organization undertakes to provide such an employee with housing, registration, medical and other assistance for the entire period of his stay in the Russian Federation. The organization also undertakes to bear all income from the deportation of an employee.

Letter of guarantee from the legal side - does a letter of guarantee have legal force?

In fact, a letter of guarantee is not a type of official confirmation of obligations. Such a concept is simply absent in the Code of the Russian Federation. But judicial practice using letters of guarantee already exists, and the legal force of this document will depend on its design and text content.

Legal essence of a letter of guarantee for the supply of goods

Before we figure out how to write a letter of guarantee for the delivery of goods, let’s understand its legal essence. Russian legislation does not provide for such a document; it is not a guarantee in the sense of Art. 470 of the Civil Code of the Russian Federation, nor a way to ensure the obligation.

In practice, such documents are a unique form of a supply agreement. They can be an offer (Article 435 of the Civil Code of the Russian Federation) if they contain all the essential terms of the supply agreement, namely:

Subject (Article 506 of the Civil Code of the Russian Federation).
Delivery time. It is debatable whether this condition is essential, but, based on the decision of the 4th AAS dated 02/10/2017 in case No. A19-16607/2016, it can be attributed to this group.

In turn, acceptance of delivery by the buyer is the conclusive action (see clause 3 of Article 438 of the Civil Code of the Russian Federation), which makes what is described in clause 2 of Art. 434 of the Civil Code of the Russian Federation, the mandatory written form of the supply agreement as concluded in the course of business activities is complied with (decision of the Supreme Court of the Russian Federation dated 04/06/2010 No. GKPI10-63).

Accordingly, after delivery and acceptance of the goods, there is no need to formalize the relationship again by concluding an agreement in the form of a single document. You can demand payment for goods or make claims regarding quality within the framework of the relationship established in the format of a letter of guarantee.

Note! In Russian practice, a letter of guarantee for the delivery of goods, in addition, may be a response to a previously submitted claim with a requirement to make up for shortfalls or make late deliveries. In this case, the letter of guarantee records the fact of recognition of the debt (clause 20 of the resolution of the Plenum of the Supreme Court of the Russian Federation of September 29, 2015 No. 43), and the purpose of its preparation is to avoid transferring the dispute to the judicial level.

What must be guaranteed to the buyer

What exactly does a buyer awaiting delivery need to guarantee, other than the fact of delivery itself? Since the document is essentially an offer, in addition to the essential conditions it is necessary to set out all the specific rules of relations between the parties:

Range. The courts do not consider an exact indication of the assortment as an essential condition of the supply contract; the supplier, knowing reliably about the needs of the buyer, can determine it at his own discretion (clause 2 of Article 467 of the Civil Code of the Russian Federation).
Price (per unit and the entire batch, with or without VAT; if the relationship is just starting, it is necessary to clarify whether the supplier is a tax payer). Price is not recognized as an essential condition and is calculated according to clause 3 of Art. 424 of the Civil Code of the Russian Federation, if it is not specified. However, a party may refer in the offer to the essential nature of the price condition (paragraph 2, paragraph 1, article 432 of the Civil Code of the Russian Federation).
The payment procedure expected by the seller.
Terms of delivery (by transport of the seller or buyer) and place of delivery.
Other conditions necessary for the actual implementation of the transaction.

More information about what to include in a letter of guarantee for delivery can be found in the article “What are the essential terms of a supply agreement under the Civil Code of the Russian Federation”.

How to write a letter of guarantee for the delivery of goods

Sending a letter of guarantee for the delivery of goods is possible only within the framework of a long-term established relationship. Communication channels must be established that reliably confirm that it comes from a specific supplier (even electronic communication will be acceptable) or it must be sent by mail.

Important! It is impossible to revoke an offer unless otherwise is directly stated in it or follows from the essence of the relationship and the actual state of affairs (Article 436 of the Russian Federation). If, under any circumstances, the withdrawal of the letter of guarantee for delivery is possible, this should be specifically stated in the text of the document.

You can find the document form to fill out, taking into account your own parameters, at the following link: Sample letter of guarantee for the delivery of goods to the buyer.

payment for goods;
sending a response letter about readiness for acceptance;
actual acceptance of the goods.

It is important that the letter be:

Addressed to a specific person.
Signed by an appropriate representative of the legal entity authorized to sign contracts of this type. If the signatory’s power of attorney does not contain the right to conclude an agreement, but only the right to conduct correspondence on behalf of the legal entity, the letter of guarantee cannot be considered an offer.

Letter of guarantee in judicial practice

The main category of disputes related to this document refers to those that consider the issue of recognition or non-recognition of it by a contract or additional agreement. In the first case, the courts proceed from the fact that a letter of guarantee can be recognized as an agreement only when it exhaustively lists all its necessary conditions (see the resolution of the 10th AAC dated February 28, 2018 in case No. A41-3442/17). In the second case, the court recognizes that the letter of guarantee does not indicate that the parties have made changes to the agreement (see the decision of the Perm Territory AS dated July 17, 2017 in case No. A50-1707/17).

Note! There is an interesting practice of even recognizing the letter of guarantee itself as not concluded (see the decision of the Administrative Court of the Republic of Dagestan dated December 28, 2017 in case No. A15-6201/17; in the situation considered there, there was no proper signature on a specific document).

It is worth considering that the sample letter of guarantee for the supply of goods must include columns about all the most important terms of the contract, as well as the possibility of revoking the offer or ways to accept it. This will help, for the purpose of concluding a specific agreement, to consider each of the points of the letter step by step and decide whether a certain point is needed in working with a given counterparty.

Letter of guarantee- a written commitment in which the person who wrote it guarantees to perform certain actions within a specified period. We propose to consider the features of writing such a letter. For convenience, you can use a sample letter of guarantee for the provision of a legal address, payment of debt and employment.

In what case is a letter of guarantee written?

When verbal promises and assurances about the completion of any work are not enough and guarantees confirmed by a signature and seal are required. Most often, letters of guarantee are written as a guarantee of debt payment.. If an individual or legal entity has a debt, then the creditor has the right to demand from them certain guarantees, property or written, that they will pay the debt indicating the exact deadline. The borrower must write such a requirement. In it, he will assure the creditor that the debt will be paid on time. This letter can also specify penalties if the borrower violates the terms of their obligations.

A letter of guarantee may be written to establish an agreement to ensure the supply of goods or raw materials. Another case in which a letter of guarantee is issued is the provision of the legal address of the company that is being registered. This letter indicates the address and guarantees that it will indeed be legal. Besides these, there are other reasons for writing such a letter. It does not matter for what purpose the letter of guarantee will be written, it must comply with all the rules of execution.

Features of writing a letter of guarantee in compliance with all necessary requirements

In order for the letter of guarantee to be official, it is written on the company’s letterhead. The addressee is indicated in the upper right corner; if the recipient’s face is not known exactly, then instead of the last name, first name and patronymic, you can indicate “at the place of request.”

The name of the document is written in the center; this is a standard entry - “Letter of Guarantee”.

This is an official document that is signed by the manager and certified by a seal, after which the document is registered in the register of outgoing documents and is assigned a registration number. It is indicated at the top of the form, and the date of compilation is also indicated.

The letter of guarantee can be handed over to the addressee or sent by registered mail.

A letter of guarantee or a business letter is not a simple document; it is confirmation of the completion of any actions and even compliance with the stated conditions. It can record the deadline for completing the work, a guarantee of the quality of the service provided, the fact of payment for labor or cash payment. To correctly draw up a letter of guarantee, you should rely on existing design samples and forms.

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

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

Let's look at the form of a letter of guarantee for payment of debt and several examples of how to fill it out. It is advisable that you draw up the document on a special form of the organization, as well as have the 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 letter of guarantee for work completion

The document must contain a clause indicating the completion 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 applications to receive goods. However, there is a standard form:

Example of a letter for the supply of goods:

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

The employment guarantee letter is a secondary document. It tells you that you have been considered for a specific position. In addition, your salary may be written down. Some employers do without this document and simply prepare an order for employment. Here are some examples of an employment 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 will provide working conditions for the employee.

Sample filling and form of a letter of guarantee for employment

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

Sample form and letter of guarantee for inviting a foreigner

Sample form and letter of guarantee for internship 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 contain a guarantee of payment of a loan debt or a request to change personal data.

Sample form and letter of guarantee for repairs

Sample filling and form of letter of guarantee for equipment

A letter of guarantee is an informal document in which one of the parties undertakes to comply with certain conditions or perform certain actions. This may relate to payment, performance of certain works, products or provision of services. It is worth noting that the drafting of this letter can greatly advance the resolution of problems that have arisen and is a kind of guarantee between organizations that the parties will fulfill certain agreed conditions.

The letter of guarantee is intended for the addressee whose interests the sender’s actions are related to. A document is drawn up if one of the parties is not sure of compliance with the terms and conditions of the agreement, and such a letter can be addressed to both a legal entity and an individual.

Example. The Vesta company forgot to make a payment for Internet services; as a result, the provider disconnected the organization from these services for non-payment. The company provided a letter of guarantee stating that they undertake to repay the debt within 3 banking days, on the basis of this the provider agreed to a meeting and again provided the Internet without payment at that time.

This type of document is drawn up in accordance with certain rules and cannot be written in free form.

The letter of guarantee must necessarily contain the following information, written in the specified sequence:

Source document number;
Date of preparation;
Addressee (full name of the head of the organization or full name of an individual);
Optionally, indicate the title “Letter of Guarantee” or its subject;
Text of the letter;
Bank details of the party sending the document;
If an agreement was previously concluded, which specifies all actions relating to the subject of the letter of guarantee, the sender can provide a link to this document;
At the discretion of the letter writer, penalties may be specified that will follow in the event of non-compliance with the terms of the agreement (sanctions, payment of penalties, fines);
Signature of the person who compiled the document and its transcript.

It is advisable (but not necessary) to draw up a document for or organization; it can also be certified with a seal. Typically, all obligations of the parties are specified in the contract, but a letter of guarantee in some cases can become additional insurance provided by the drafting party.

For example, if the organization has just started its activities and the management has not yet managed to draw up a lease agreement for the premises, without which most activities are impossible, it will not be possible to draw up a formal legal agreement between the parties. In this case, the letter of guarantee will become both a confirmation of the transaction and a guarantee of payment (provided that the document is certified by a notary).

Letter of guarantee drafting example

It is worth noting that it is better if the information in the document is specific; in this case, this document will be of greater significance and value. In this case, it is more likely that the organization to which you are writing this document will meet with you.

Ref. No. 190913-1

To the director

LLC "West"

D.B. Egorov

Letter of guarantee

IP Yurovsky, 1115861111121, as the recipient of plastic panels on the basis of purchase and sale agreement No. 14/2015 dated September 30, 2015, concluded with West LLC, this letter guarantees full payment for the products on the day of receipt.

Individual entrepreneur Yurovsky Sergey Viktorovich

Nuances when drawing up

The letter of guarantee has its own characteristics that must be taken into account when drafting. In such a document, it is better not to use long and vague wording that can be interpreted in two ways: under certain circumstances, this may not work in favor of the compiler. In a letter you can and should use the word “guarantee” and its derivatives: “the company guarantees”, “we guarantee”.

Spelling and stylistic errors are unacceptable in the letter: in some cases this may become a reason to invalidate such a document. This happens extremely rarely and looks more like the last opportunity to catch at least some kind of violation in the event that one of the parties is trying with all its might to cancel the obligations. But serious violations of design are indeed a good reason for the letter to become invalid (lack of signatures, details or incorrect date).

As for legal force specifically, the letter of guarantee does not have it until it is certified by a notary. However, in this case, the status of the document will already change: upon official acceptance (written consent of the recipient), it will acquire the force of a contract. Therefore, it is advisable to attach copies of documents to the letter of guarantee, which also need to be certified. These may be copies of contracts, details of the parties, registration certificates and other documentation, the availability of which is considered necessary by the parties.