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_____________

Proprietor
CEBOOM Enterprises
Marikina City, Metro Manila

Re: NOTICE OF NON-COMPLIANCE REGARDING UNIFORM DELIVERY


AND SPECIFICATIONS

Dear __________________________:

This letter will serve as formal notice to express our deep concern and
dissatisfaction with the recent delivery of uniforms/jerseys, with Purchase
Order No. 2023-10-0546 dated 24 October 2023. We had placed this order
with the expectation that the products would conform to the agreed-upon
specifications and would be delivered on or before the specified delivery
date. Regrettably, upon inspection, we discovered that the items supplied on
______________ not only failed to meet our specifications but were also
subject to significant delays. Furthermore, the delivery was incomplete,
covering only a fraction of the items we originally ordered.

The following issue has been identified:

Non-Compliance with Specifications: Upon inspection of the


uniforms, it became evident that the products did not meet the
specifications we had originally agreed upon (Annex 1). The
discrepancies include but are not limited to:

 Poor stitching quality in the armpit/placket;


 Poor quality material used in armhole and collar;
 Unmatching color; and
 Presence of stains on the goods.

As a result of this issue, we are unable to use the uniforms for their
intended purpose.

College, 4031, Laguna, Philippines


Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph
WHEREFORE, the ERDB elects to RESCIND the contract and REFUSE to
receive the goods with the right to RECOVER DAMAGES for delay in
the contract.

Rescission on account of breach of reciprocal obligations is provided under


Article 1191 of the Civil Code:

ARTICLE 1191. The power to rescind obligations is implied in reciprocal


ones, in case one of the obligors should not comply with what is
incumbent upon him.

The injured party may choose between the fulfillment and the
rescission of the obligation, with the payment of damages in either
case. He may also seek rescission, even after he has chosen fulfillment,
if the latter should become impossible.

The court shall decree the rescission claimed, unless there be just cause
authorizing the fixing of a period.

This provision refers to rescission applicable to reciprocal obligations. It is


invoked when there is noncompliance by one (1) of the contracting parties in
case of reciprocal obligations. "Reciprocal obligations are those which arise
from the same cause, and in which each party is a debtor and a creditor of
the other, such that the obligation of one is dependent upon the obligation
of the other. They are to be performed simultaneously such that the
performance of one is conditioned upon the simultaneous fulfillment of the
other.

Hence, we request your prompt attention to this matter and hope for a
swift resolution. Please respond to this letter from the date of receipt to
confirm your commitment to resolving these issues.

Very truly yours,

MARIA LOURDES G. FERRER, CESO


III
Director

College, 4031, Laguna, Philippines


Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph
College, 4031, Laguna, Philippines
Tel Nos: (6349)5363628; 5362229; 5362269 Fax No. (6349)5362850
E-mail: erdb@denr.gov.ph

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