The Breach of Contract Notice Letter is a critical legal document used when one party needs to formally notify another of their failure to meet contractual obligations under Indonesian law. This document serves as an essential prerequisite before initiating legal proceedings in Indonesian courts, as required by the Indonesian Civil Code (KUHPerdata). It should be used when informal attempts to resolve contractual disputes have failed and formal documentation of the breach is necessary. The letter typically includes detailed information about the contract breach, specific references to violated contract terms, timeline of events, demands for remedy, and deadlines for compliance. It must be drafted in accordance with Indonesian legal requirements for a formal notice (somasi) and should maintain a professional tone while clearly stating the sender's intention to pursue legal remedies if the breach is not addressed.
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1. Sender's Details: Complete name, address, and contact information of the party sending the notice
2. Date: The formal date of the notice, which starts the notice period
3. Recipient's Details: Complete name, address, and contact information of the party in breach
4. Subject Line: Clear indication that this is a Breach of Contract Notice (Surat Pemberitahuan Wanprestasi)
5. Contract Reference: Specific details of the contract being breached, including date, title, and reference number
6. Description of Breach: Detailed explanation of how the contract has been breached, with specific references to contract clauses
7. Timeline of Events: Chronological outline of relevant events leading to the breach
8. Demand for Remedy: Clear statement of what actions are required to remedy the breach
9. Deadline: Specific deadline for remedying the breach (typically providing reasonable time as per Indonesian law)
10. Legal Consequences: Statement of intended legal action if the breach is not remedied within the specified timeframe
1. Previous Communications: Reference to any previous attempts to resolve the issue, used when there have been prior informal communications
2. Financial Calculations: Detailed breakdown of any financial losses or penalties, used when claiming specific monetary compensation
3. Dispute Resolution Reference: Reference to contract's dispute resolution clause, used when the contract contains specific dispute resolution procedures
4. Without Prejudice Statement: Statement preserving legal rights, used when the letter includes settlement proposals
5. Force Majeure Consideration: Addressing any force majeure claims, used when the breaching party has claimed force majeure as justification
1. Copy of Original Contract: Attachment of the relevant contract being breached
2. Evidence of Breach: Documentation proving the breach (e.g., photographs, correspondence, reports)
3. Payment Records: If relevant, records showing payment history or financial implications
4. Previous Correspondence: Copies of relevant prior communications regarding the breach
5. Supporting Documentation: Any additional documents supporting the claim of breach
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A formal notice under Indonesian law notifying a party of their contract breach and demanding remedy, serving as a prerequisite for legal action.
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