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Notice of Reclamation

This Notice of Reclamation template is used by a creditor to reclaim goods supplied to a debtor, typically when the debtor has defaulted on payment or is facing insolvency. It formally asserts the creditor's right to recover the goods.

Updated 16d ago
reclamationcreditordebtorinsolvencygoodscollectionpayment defaultsouthern africa

Company Letterhead

{{company_name}}

{{company_address}}

Tel: {{phone}}

Email: {{email}}

Website: {{website}}

Date

{{date}}

Debtor's Information

{{debtor_company_name}}

{{debtor_address}}

Attention: {{debtor_contact_person}}

Subject: Notice of Reclamation of Goods – Account Reference {{account_reference}}

Dear {{debtor_contact_person}},

Notification of Default and Right of Reclamation

This serves as a formal Notice of Reclamation concerning goods supplied by {{company_name}} ('the Creditor') to {{debtor_company_name}} ('the Debtor') under invoice number(s) {{invoice_numbers}} dated {{invoice_dates}}.

The terms of sale stipulated that title and ownership of the goods remained with the Creditor until full payment was received. As of the date of this notice, the outstanding amount of {{outstanding_amount}} is overdue and remains unpaid, constituting a material breach of the agreed payment terms.

Furthermore, we have received information indicating that {{debtor_company_name}} may be experiencing financial difficulties, including but not limited to, {{reason_for_reclamation_e.g._insolvency_filing,_business_closure}}. In light of these circumstances, and pursuant to our retention of title clause (also referred to as 'Romalpa clause') as agreed in our terms and conditions of sale/supply, we hereby assert our right to reclaim the goods specified below.

Goods to be Reclaimed

The following goods are subject to this reclamation notice:

{{detailed_list_of_goods_including_description,_quantity,_serial_numbers_(if_applicable)_and_original_value}}

These goods are currently located at {{location_of_goods}}.

Demand for Immediate Return

You are hereby formally requested to immediately cease any use, sale, or disposal of the aforementioned goods. We demand that you make these goods available for collection by our representatives or appointed agents within {{number_of_days}} days from the date of this notice.

Please contact {{contact_person}} at {{phone}} or {{email}} to arrange for the collection of the goods.

Consequences of Non-Compliance

Failure to cooperate with this demand for reclamation may result in {{company_name}} taking further legal action to recover the goods, including but not limited to, seeking a court order for repossession, and pursuing damages for any loss or depreciation of the goods.

All costs associated with the reclamation process, including legal fees, storage, and transportation, will be borne by {{debtor_company_name}}.

Reservation of Rights

This notice is issued without prejudice to any other rights or remedies that {{company_name}} may have against {{debtor_company_name}} in law or in terms of our contractual agreement, including the right to claim for any outstanding balances not covered by the reclaimed goods.

Sincerely,

{{company_name}}

Signature Block

_________________________

Name: {{authorized_signatory_name}}

Title: {{authorized_signatory_title}}

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