Reclamation/Claim
Clause
The contract is a business secret of the contracting parties.
However, it is in the interest of the parties that the «Reclamation/Claim
Clause», in the form of a «Reclamation/Claim
Symbol», be accessible to experts of both parties,
other organizations, and consumers involved in the execution
of the contract.
If your experts, the experts of your counterparty or the
carrier, or your consumers are not familiar with the elements
of a reclamation/claim and when they must
be undertaken to prevent or eliminate a breach of the contract
and preserve the rights of the compliant party, your losses
may exceed ten times the value of the transaction.
Sale of the Reclamation/Claim
Symbol
I draw your attention to my article published in English in
the Moscow-American newspaper «Career Forum».
In the article, I examined the issues of settling contract
breaches in international trade and stated the insufficient
number of lawyers and experts in Russian companies who, at
the required level, understand international and national
legislation, arbitration and trade practices related to the
regulation of contractual relations–especially in cases of
contract violations.
This results not only in unnecessary contract breaches in
international trade but also in incorrect and untimely actions
when breaches occur, which, in turn, increases the losses
of both the honest counterparty and the breaching party.
This problem is well known among international trade professionals
and was especially emphasized during the adoption of Article
43 of the «United Nations Vienna Convention on Contracts for
the International Sale of Goods», as discussed in my article.
To help prevent market losses,
I propose:
to purchase from me the right to use my Reclamation/Claim
Symbol;
to recommend that exporters to foreign markets use the Reclamation/Claim
Symbol on packaging, products, and transportation
documentation;
to recommend that American companies define a Reclamation/Claim
Clause in accordance with the Reclamation/Claim
Symbol.
The Reclamation/Claim Symbol is a generally accepted schematic
representation of all legal remedies that must be undertaken
in the event of a contract breach, and the time limits for
doing so as provided in the Reclamation/Claim Clause of each
individual contract or in accordance with the applicable law.
The foundation of the Reclamation/Claim Symbol
is a systematized analysis of the laws of the USA, Russia,
Switzerland, Yugoslavia, Germany, France, and international
contract law conventions, as presented in my book «Reclamation
Law and Claims for Contract Breaches».
In agreement with your Ministry and Chamber of Commerce,
I can conduct necessary educational and promotional programs
at Russian enterprises and regional Chambers of Commerce and
Industry of Russia that may contribute to the protection of
the interests of users of the Reclamation/Claim Symbol,
including:
organizing seminars;
distribution of my book «Reclamation Law and Claims for
Contract Breaches»;
finalization of a video recording of my lectures at the
«Academy of International Business Cooperation of the USA
in Moscow», and a compact disc containing
the text of my book, part of the lectures, and the text of
the «Uniform Commercial Code of the USA» and other laws and
conventions related to contract breaches in international
trade.
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