Advice 1: How to respond to a Protocol of disagreements

The Protocol of disagreements shall be drawn up in two copies in the contract, if one party does not agree with some of his points or conditions. This document can be given alternative, the wording of some parts of the agreement or addition to the text of the contract.
How to respond to a Protocol of disagreements
Instruction
1
Examine your organization sent the Protocol of differences from the existing or potential client. Verify its correctness: if specified, names of the parties and their requisites, whether there corresponds the form of a Protocol, the basic rules of its design. These rules state that a puncture of the differences must contain a table of the part showing the points on which the second party has substantive comments. This table should consist of four columns. The first of them contains the number of the point or part by which the parties do not agree in interests. In the second column is the part of the text of the Treaty, which, according to the second party, must be subjected to changes. The third column contains the revision of the counterparty, which is not satisfied with the wording of the contract in the second column. The last column remains blank for the preparer of the contract indicated their agreement or disagreement with the variant of the organization of the author of the Protocol of disagreements.
2
Consult with lawyers of your organization on items that you do not agree your client. Can you send the document to employees of the legal Department for consideration, if your company provides such a procedure. If you work in a small firm, the staffing of which does not involve the position of a lawyer, contact legal third-party company. Remember that the more you examine the terms of the contract that the client asks you to change, the less problems and misunderstandings waiting for you in the aftermath.
3
Complete the last column of the tabular part of the Protocol of disagreements. The editors controversial points your company may not coincide with the wishes of the client, if your side is not beneficial for economic, legal or other reasons. Thus, in the last column can be a few options of the items discussed in the Protocol. First option: you agree to meet the client and accept its conditions. Then the content of the last column will be the same as the third. The second option you do not want to change the original wording. In the last column will be the same as in the second. Third option: you can partially satisfy the client's wishes and offer him a kind of compromise. Then in the fourth column you should make your own version of the wording of the clause.
4
Send a document signatory and stamp of the organization. After that one copy of the Protocol of disagreement should be sent to the other party.

Advice 2 : How to write a Protocol of disagreements

Protocol differences you can make as after conclusion of the contract, and when developing the draft of the Treaty itself. This document is drawn up and the provisions relating to the subject matter hereof and any other provisions of the agreement. Special requirements to the form of the minutes of the Civil Code does not impose, in virtue of which the parties independently agree on its form and content.
How to write a Protocol of disagreements
Instruction
1
In the Protocol reflect the date and place of composition, also indicate the number and date of the contract, the name and requisites of the parties to the contract, as well as persons authorized to sign the agreement and Protocol differences.
2
After that you are determined in what form will the written statement of disagreement. In most cases, it consists in a table, which contains the views of the parties. Be sure to give number and description of the disputed provisions in the draft of the Treaty, and in the editorial side, which made the Protocol. In the first column indicate a controversial situation and the other with his wording to be agreed. Can add third column which describe the notes to the disputed position. Further signatures of persons competent to conclude a Protocol of disagreements.
3
As the Protocol of disagreements made, you send to the other party along with a contract specifying the term of consideration of the submitted documents. The agreement does not forget to make a note that "the contract is valid given the Protocol differences." Otherwise, the Protocol would be a recommendation or as a suggestion of one of the parties in the contract, and will not have legal force that will create future difficulties in asserting the rights.
4
If you received Protocol of discrepancies, sign it if you agree with the new wording of the disputed provisions. Further, these contract terms apply in the wording of the Protocol, not a Treaty. If you are not satisfied with any conditions, then the Protocol differences make a negotiation Protocol differences. His issue, as the Protocol of disagreements, but add another column – "agreed version", which specifies a controversial provision taking into account the wishes of both parties.
5
Don't forget to do in the first Protocol of disagreements the inscription "a negotiation Protocol differences." If, after all the effect the parties do not agree, I can offer two options. Make a new contract and do all the work from the beginning. Or find another supplier. To avoid this, use the first option.

Advice 3 : How to make a Protocol of disagreements

Upon receiving 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 contract, you need to prepare a Protocol of disagreements and send it together with the contract. This procedure is called "pre-contractual disputes". The Protocol changes the contents of the contract. In the presence of disagreement on the essential terms, the contract is considered unconcluded. The parties must reach agreement on all contentious issues.
How to make a Protocol of disagreements
Instruction
1
The title of the document, specify the Protocol of disagreements to the contract of delivery №1 dated 01.01.2011 - such data should allow to clearly identify the Protocol. The information required is the date and place of drawing up the Protocol. Date of drawing up the Protocoland may differ from the date of conclusion of the contract. If a Protocole is an earlier date than in contract, the court may take into account Protocol, to assess how pre-contractual correspondence of the parties.
2
In the preamble specify the names of the parties and authorized persons who sign the Protocol, is confirmed by what authority (power of attorney, articles of Association).
3
The parties are free in concluding the contract, determining its terms. Form Protocoland approved, although in practice usually adhere to the following scheme: determine conditions for which there are objections. Record them in a table in the wording set out in the contract and desired wording. In the third column indicate the revision accepted by the parties.
4
Specify that other terms and conditions remain unchanged.
5
The Protocol must contain a signature, seal, address and Bank details of the parties.
Note
The party receiving the Protocol to accept the changes or reject. In any case, the answer is given within 30 days. If a response is not received, you can refer the dispute to the court. The Protocol is a procedure for pre-trial settlement of the dispute.
Useful advice
If the conditions of the Protocol adopted, the party shall forward the minutes of settlement of differences.

Advice 4 : How to make a Protocol of disagreements to the contract

At the conclusion of the contract the parties may encounter certain problems. Most often they relate to the disagreement of the contractor with defined points. You can try to resolve all issues in oral form. But sometimes you need to draw up a Protocol of disagreement.
How to make a Protocol of disagreements to the contract
Instruction
1
Determine what were the specific clauses of the contract you do not agree, proceed with your Protocol. It should have the following form: "the discrepancy report №__ to the agreement (name) no._____", to ensure that parties were easy to identify. Date of the contract may not coincide with the date of the execution of the Protocol. But it cannot be later than the date of Protocol of disagreements.
2
Next, make a table consisting of two columns. The first point in the wording of the counterparty with whom you disagree. They should be written in full, indicating the number of the item. In the second column, describe in detail your proposed changes. You can offer to delete any item or modify it. To do this, in the second column, write the kind of the proposed change (Delete paragraph ___", "Change the paragraph ___" and describe it as follows," etc.).
3
In addition, you have the right to propose the new clause, which is not in the original. In this case, the first column should say "Paragraph ___ is missing". Form of Protocol of disagreements has not been adopted legislatively, however, the proposed design will help to avoid misunderstandings between the parties.
4
Below the table, indicate that the remaining clauses of this agreement remain unchanged. Also add the observation that in case of signing of Protocol of disagreements the parties, they agree to all the amendments and the contract is concluded. The Protocol in this case, it becomes an integral part of the contract.
5
Sign the Protocol of disagreements stamp and the same signature as the Treaty itself.
6
In the case that you or your counterparty does not agree to the changes proposed in the Protocol of disagreements, you or they (depending on who was sent the document) are minutes of settlement. He is made in the same way as the Protocol of disagreements, and sent to the counterparty. As long as the wording of all the points are agreed, the contract can not be considered signed. In the event of an irresolvable dispute, you have the right to go to court.
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