Commercial law. Responsibility of the manufacturer, seller for damage caused due to defects in goods (works, services) (lecture notes)

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Commercial law. Responsibility of the manufacturer, seller for damage caused due to defects in goods (works, services) (lecture notes)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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LECTURE No. 34

Harm caused to the life, health or property of the consumer due to design, production, prescription or other defects in the product (work, service) is subject to compensation in full. The right to demand compensation for damage caused due to defects in goods (work, services) is recognized for any victim, regardless of whether he was in a contractual relationship with the seller (executor) or not. Damage caused to the life, health or property of the consumer is subject to compensation if the damage was caused during the established service life or shelf life of the product (work).

If the product should have a service life or shelf life, but it is not established, or the consumer was not provided with complete and reliable information about the service life or shelf life, or the consumer was not informed about the necessary conditions after the service life or shelf life and possible consequences if the specified actions are not performed, or the product (results of work) after the expiration of these terms poses a danger to life and health, the damage is subject to compensation regardless of the time of its infliction.

If the manufacturer (executor) has not established a service life for the goods (work), the damage is subject to compensation if it is caused within 10 years from the date of transfer of the goods (work) to the consumer, and if the date of transfer cannot be established, from the date of manufacture of the goods (end of performance). work). Damage caused due to defects in the goods is subject to compensation by the seller or manufacturer of the goods at the choice of the victim. Damage caused due to defects in the work or service is subject to compensation by the contractor.

The manufacturer (performer) is liable for harm caused to the life, health or property of the consumer in connection with the use of materials, equipment, tools and other means necessary for the production of goods (performance of work, provision of services), regardless of whether the level of scientific and technical knowledge to reveal their special properties or not. The manufacturer (performer, seller) is released from liability if he proves that the damage was caused due to force majeure or violation by the consumer of the established rules for the use, storage or transportation of goods (work, services).

If a dispute arises about the causes of defects in the goods, the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him, are obliged to conduct an examination of the goods at their own expense. The consumer has the right to challenge the conclusion of such an examination in court. If, as a result of the examination of the goods, it is established that its defects have arisen due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer) or the organization performing the functions of the seller (manufacturer) on the basis of an agreement with him for the costs of the examination, as well as related costs for storage and transportation of goods.

In case of revealing significant defects in the goods, the consumer has the right to present the manufacturer with a demand for the free elimination of such defects, if he proves that they arose before the transfer of the goods to the consumer or for reasons that arose before that moment. The specified requirement can be presented if the defects of the goods are discovered after 2 years from the date of transfer of the goods to the consumer, but within the limits of the service life established for the goods or within 10 years from the date of transfer of the goods to the consumer, if the service life is not established. If this requirement is not satisfied within 20 days from the date of its presentation by the consumer or the defect of the goods discovered by him is irreparable, the consumer has the right to present other requirements to the manufacturer at his choice and demand a refund of the amount paid upon returning the goods to the manufacturer.

The consumer, upon detection of shortcomings in the work performed (service rendered), has the right, at his choice, to demand:

1) gratuitous elimination of deficiencies in the work performed (service rendered);

2) a corresponding reduction in the price of the work performed (service rendered);

3) free production of another thing from a homogeneous material of the same quality or re-performance of work; at the same time, the consumer is obliged to return the thing previously transferred to him by the contractor;

4) reimbursement of expenses incurred by him to eliminate the shortcomings of the work performed (service rendered) on his own and by third parties.

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