A proposal for a pre-trial settlement of a dispute over a contract for the supply of goods
IP Z
Z ZT
IIN ..............
Email:
Supply Agreement No. 67 dated June 25, 2025
legal address: Kazakhstan, Turkestan
region, Saryagash district, Zhylginsky village.,
village of Zhylga, A.Kurtybaev str., 47
actual address: Almaty, Almaly district,
404 Seifullin Ave. / 404 A Seifullin Ave.
from IP FOV
North Kazakhstan region, District named after G. M. , S. N. , md. With ,
d.
Representative by proxy:
Law and Law Law Firm
BIN 201240021767
Almaty, Almaly district, 79 Abylai Khan ave., office 304
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 57 55; +7 700 978 57 55
Proposal for a pre-trial settlement of the dispute
On June 25, 2025, between IP "Z" (hereinafter referred to as the Supplier) and IP "FOV" (hereinafter referred to as the Buyer) A Supply Contract No. 67 for the supply of goods (hereinafter referred to as the Contract) was concluded.
According to the Contract, the Supplier is obligated to deliver and the Buyer is obligated to pay for the goods.
On June 27, 2025, according to Appendix No. 1 "Specification" (hereinafter referred to as the Appendix) to the Contract, the Buyer paid the Supplier an amount of 10 112 255 tenge. According to the Application, the delivery time is 5 business days from the date of payment.
The Supplier did not deliver the Goods within the time period specified in the Contract.
Thus, IP "Z" violated the terms of the Contract. As a result, the Buyer has largely lost what he was entitled to expect at the conclusion of the Contract.
In this regard, the Buyer believes that the Supplier has acted unfairly towards its obligations under the Contract and misled her about its competence.
According to clause 6.1 of the Contract, the Buyer has the right to claim a penalty in the amount of 1% of the value of the goods delivered on time. Thus, on 05/04/2026 You will have to pay a fine of IP Fedorova O.V. in the amount of 101,122 tenge.
According to clause 6.2 of the Contract, in case of non-delivery of the goods, the Supplier is obliged to refund the funds, as well as pay a penalty in the amount of 1% of the total amount of the application. Thus, on 05/04/2026 You will have to pay the penalty of IP Fedorova O.V. in the amount of 101,122 tenge.
According to Article 386 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code of the Republic of Kazakhstan), the Contract enters into force and becomes binding on the parties from the moment of its conclusion.
According to Article 272 of the Civil Code of the Republic of Kazakhstan, "An obligation must be performed properly in accordance with the terms of the obligation and the requirements of the law, and in the absence of such conditions and requirements – in accordance with business practices or other commonly imposed requirements."
According to Article 277 of the Civil Code of the Republic of Kazakhstan, "If an obligation provides for or allows determining the day of its fulfillment or the time period during which it must be fulfilled, the obligation must be fulfilled on that day or, accordingly, at any time within such a period."
According to Article 401 of the Civil Code of the Republic of Kazakhstan, "Modification and termination of the contract are possible by agreement of the parties, unless otherwise provided by this Code, other legislative acts and the contract."
According to Article 402 of the Civil Code of the Republic of Kazakhstan, "An agreement on the amendment and termination of a contract is made in the same form as a contract, unless otherwise provided by legislation, contract or business practices."
According to Part 5 of Article 403 of the Civil Code of the Republic of Kazakhstan, "If the basis for termination or amendment of the contract was a material violation of the contract by one of the parties, the other party has the right to demand compensation for damages caused by termination or amendment of the contract."
According to Part 1 of Article 9 of the Civil Code of the Republic of Kazakhstan, the protection of civil rights is carried out by a court or arbitration by: restoring the situation that existed before the violation of the right; collecting damages, penalties.
According to Part 4 of Article 9 of the Civil Code of the Republic of Kazakhstan, losses are expenses that are incurred or should be incurred by a person whose right has been violated.
Due to your failure to fulfill the Contract, IP FOV suffered losses in the amount of KZT 6,016,000, which is confirmed by Contract No. 49 dated 08/21/2025 and Contract No. 50 dated 09/25/2025 for the supply of goods similar to those specified in the Contract, concluded between SI LLP and IP FOV and fiscal receipts for the specified amount. Namely, IP FOV acquired from SI LLP "SIP-3 1x70" in the amount of 5,586,000 tenge and AVBSHV 4x25 in the amount of 430,000 tenge, which are specified in Appendix No. 1 to the Contract Specification.
In addition to the above-mentioned monetary claims, we ask you to reimburse IP FOV for the expenses incurred by improper performance of the Contract for legal aid in the amount of 1,000 000 tenge.
In connection with the above, please:
- conclude a written Agreement with IP FOV on the termination of the Supply Contract No. 67 dated June 25, 2025;
- to refund to IP FOV the amount of payment under the Supply Agreement No. 67 dated June 25, 2025 in the amount of 10 112 255 tenge;
- to pay a penalty fee in the amount of 101,122 tenge to the sole proprietor;
- to pay IP FOV a penalty in the amount of 101,122 tenge;
- to pay IP FOV the amount of losses in the ramser of 6,016,000 tenge;
- to pay the sole proprietor the amount of expenses for legal aid in the amount of 1,000 000 tenge.
In total, we ask you to pay the individual entrepreneur 18 555 259 tenge.
Please provide a response within 10 days of receiving this offer. In case of failure to reach an agreement on termination of the Contract and payment of the required amount, IP FOV will apply to the court with a claim for termination of the Contract and recovery of damages, with assignment to IP "Z" of all court costs incurred in the case.
According to article 109 of the Civil Procedure Code of the Republic of Kazakhstan, "If a dispute has arisen as a result of a violation by a person participating in the case of a claim or other pre–trial dispute settlement procedure provided for by law or contract, including violation of the deadline for submitting a response to a claim, leaving a claim unanswered, as well as violation of an out-of-court dispute settlement procedure established by law, the court assigns court costs to this person regardless of the outcome of the case."
For a peaceful settlement of the dispute, we suggest contacting O.V. Fedorova at the phone number +7 771.....
Appendix: power of attorney, notification of representation, lawyer's certificate, certificate of state registration of a legal entity.
With respect,
representative by proxy
Lawyer Sarzhanov G.T.
05/18/2026
Attention!
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