Commercial law. Acceptance of goods by quantity (lecture notes)

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Commercial law. Acceptance of goods by quantity (lecture notes)

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LECTURE No. 44. Acceptance of goods by quantity

The delivery of goods is characterized by the imposition of a certain number of responsibilities on consignors and consignees.

The consignee must ensure the acceptance of products in terms of quality in strict accordance with the standards, specifications, basic and special terms of delivery, the Instruction on the procedure for accepting products for industrial purposes and consumer goods in terms of quantity, other rules and the contract.

When accepting cargo from transport authorities, the recipient organization, in accordance with the current rules for the transport of goods, is obliged to check whether the safety of the cargo during transportation is ensured, in particular:

1) check, in appropriate cases, the presence on vehicles or containers of the seals of the sender or the point of departure, the serviceability of the seals, the imprints on them, the condition of the wagon, other vehicles or container, the presence of protective marking of the cargo, as well as the serviceability of the container;

2) check the conformity of the name of the cargo and the transport marking on it with the data specified in the transport document, and require the transport authorities to issue the cargo by the number of pieces or weight in all cases when such an obligation is assigned to them by the rules in force in transport and other regulatory acts .

In the event of the release of cargo without checking the number of pieces or weight, the recipient, in the manner prescribed by the rules for issuing cargo, is obliged to demand from the transport authorities that an appropriate mark be made on the transport document (clause 3 of the Instruction on the procedure for accepting products for industrial purposes and consumer goods consumption according to the quality approved by the Resolution of the USSR State Arbitration Court dated April 25, 1966 No. P-7).

The consignor, in turn, is obliged (clause 2 of the Instruction on the procedure for accepting products for industrial purposes and consumer goods in terms of quality):

1) ensure strict observance of the established rules for packing and packing products, marking and sealing individual places;

2) ensure an accurate determination of the quantity of shipped products (weight, number of boxes, bundles, bundles, etc.);

3) when shipping products in packed or packaged places, ensure that each container provided by the standards, technical specifications, other mandatory rules or the contract contains a document certifying the name and quantity of products located in this container;

4) ensure a clear and precise execution of the relevant documents, check the compliance of the data on the quantity of products indicated in them with the actually shipped quantity;

5) to ensure strict observance of the rules for the delivery of goods for transportation, their loading and fastening in force in transport;

6) ensure systematic monitoring of the work of persons involved in determining the quantity of shipped products and issuing shipping and settlement documents for it.

In cases where there is a discrepancy between the actual quantity of delivered products and the quantity indicated in the documents, the recipient is obliged to:

1) suspend acceptance;

2) ensure the safety of products;

3) draw up an act on the identified shortage of products signed by the persons who made the acceptance.

By suspending the acceptance of products, the consignee must:

1) call for participation in the continuation of the acceptance of products and the preparation of a bilateral act of a representative of the consignor of the cargo;

2) call a representative of a single manufacturer if the product is received in the original packaging or in undamaged packaging from a manufacturer that is not the sender;

3) call a representative of a nonresident sender or manufacturer (in special cases).

The consignee no later than 24 hours, and in relation to perishable products - immediately after the discovery of a shortage, sends by telegraph (telephone) a notification about the call of the representative of the sender (manufacturer), where he must indicate: the name of the product, the date and number of the invoice or the number of the transport document, the quantity missing products and the nature of the shortage, the condition of the seals, the cost of the missing products, the time for which the acceptance of products by quantity is scheduled.

The sender is obliged, no later than the next day after receiving the call, to inform by telegram or telephone message whether a representative will be sent to him to participate in checking the quantity of products.

If the sender's representative fails to appear on the call of the recipient, the acceptance of products by quantity and the drawing up of an act of shortage are carried out:

1) with the participation of a representative of another organization, enterprise allocated by the head or deputy head of this organization or this enterprise;

2) either with the participation of a representative of the public of the recipient enterprise, appointed by the head or deputy head of the enterprise from among the persons approved by the decision of the trade union of this enterprise;

3) or unilaterally by the recipient enterprise, if the sender has agreed to unilateral acceptance of the products.

As representatives to participate in the acceptance of products, it is necessary to allocate persons competent in determining the quantity of products to be accepted, with the exception of managers, financially responsible persons and employees of legal services.

Acceptance of products must be carried out without interruption.

If, upon acceptance of products, a shortage of products is revealed against the data specified in the transport and accompanying documents (invoice, specification, inventory, packaging labels, etc.), then the results of acceptance of products by quantity are drawn up in an act that must be drawn up on the same day when the shortage was discovered.

If a shortage is detected after the acceptance of products by quantity, the recipient enterprise sends the sender, and, if necessary, the transport organization a claim with an act of shortage of products, signed by the head of the recipient enterprise. The manufacturer, sender, transport organization, if they receive the specified claim, are obliged to respond in accordance with the legislation of the Russian Federation.

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