Having received the draft contract from the counterparty, the other party may not agree with certain terms of the contract. In this case, at the stage of signing the agreement, you need to prepare a protocol of disagreements and send it along with the agreement. This procedure is called "pre-contractual disputes". The protocol changes the content of the contract. If there is a disagreement on the essential terms, the contract is considered not concluded. The parties must come to an agreement on all disputable issues.
Instructions
Step 1
In the title of the document, indicate the protocol of disagreements to the supply agreement No. 1 dated 2011-01-01 - such data should allow a clear identification of the protocol. Mandatory details are the place and date of drawing up the protocol. The date of drawing up the protocol may differ from the date of the conclusion of the contract. If the protocol contains an earlier date than the agreement, the court may not take into account the protocol, evaluate it as a pre-contractual correspondence of the parties.
Step 2
In the preamble, indicate the names of the parties and authorized persons who sign the protocol, which confirms the authority (power of attorney, charter).
Step 3
The parties are free to conclude a contract, determine its terms. The form of the protocol has not been approved, although in practice the following scheme is usually followed: define the conditions under which there are objections. Enter them in the table in the version set out in the contract and in the desired version. In the third column, indicate which edition is accepted by the parties.
Step 4
Indicate that the rest of the terms of the agreement will not change.
Step 5
The protocol must contain signatures, seals, addresses and bank details of the parties.
