Commercial law. Acceptance of goods for quality (lecture notes)

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Commercial law. Acceptance of goods for quality (lecture notes)

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LECTURE No. 45. Acceptance of goods by quality

When accepting goods in terms of quality, the consignee is obliged to ensure the acceptance of products in terms of quality in strict accordance with the standards, specifications, Instructions on the procedure for accepting products for industrial purposes and consumer goods in terms of quantity, other mandatory rules and the contract. When accepting cargo from transport authorities, the recipient enterprise, in accordance with the rules for the carriage of goods in force in transport, is obliged to check:

1) the presence on vehicles (wagon, tank, barge, ship hold, motor van, etc.) or on the container of the seals of the sender or the point of departure (station, pier, port), serviceability of the seals, prints on them, condition of the wagon, other vehicles or container, the presence of protective marking of the cargo and the serviceability of the container;

2) compliance of the name of the cargo and the transport marking on it with the data specified in the transport document;

3) whether the established transportation rules were observed, ensuring the protection of the cargo from damage and deterioration (stowage of cargo, temperature conditions, ice supply, etc.), delivery times, and also to inspect the cargo (clause 3 of the Instruction on the procedure for accepting products for industrial purposes and consumer goods in terms of quality).

The shipper must ensure:

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

2) shipment of products that meet the quality and completeness requirements established by standards, specifications, drawings, recipes, reference samples;

3) clear and correct execution of documents certifying the quality and completeness of the supplied products, shipping and settlement documents, compliance of the data on the quality and completeness of the products indicated in them with the actual quality and completeness;

4) timely sending of documents certifying the quality and completeness of products to the recipient. These documents are sent along with the products;

5) strict observance of the rules for the delivery of goods for transportation, their loading and fastening, as well as special rules for loading established by standards and specifications.

Products that arrived in a serviceable container are accepted for quality and completeness at the warehouse of the final recipient.

If a discrepancy is found in the quality, completeness, labeling of incoming products, containers or packaging with the requirements of standards, specifications, drawings, samples (standards), the contract or the data specified in the labeling and accompanying documents certifying product quality, the recipient:

1) suspend further acceptance of products;

2) draws up an act, which indicates the number of inspected products and the nature of the defects identified during acceptance;

3) ensure the storage of products of inadequate quality or incomplete products in conditions that prevent deterioration of its quality and mixing with other homogeneous products;

4) is obliged to call for participation in the continuation of the acceptance of products and the preparation of a bilateral act of a representative of a non-resident manufacturer (sender).

In case of a one-time delivery, the call of the manufacturer's representative (sender) and his presence to participate in the quality and completeness check of the products and the drawing up of an act are mandatory.

A notification about the call of the representative of the sender (manufacturer) is sent by telegraph (telephone) no later than 24 hours, and in relation to perishable products - immediately after the shortage is discovered.

The notice must contain:

1) product name, date and invoice number or transport document number;

2) the main shortcomings in the product;

3) the time when the acceptance of products for quality or completeness will take place;

4) the quantity of products of inadequate quality or incomplete products.

After receiving the notification, the manufacturer (sender) is obliged to send his representative for acceptance or agree to unilateral acceptance. If the representative of the manufacturer (sender) fails to appear on the call of the recipient (buyer):

1) product quality is checked by a representative of the relevant industry inspection for product quality;

2) checking the quality of goods - by an expert of the commodity examination bureau or a representative of the relevant quality inspection.

In all cases when the normative acts or the contract provide for the selection of samples (samples) to determine the quality of products, the persons participating in the acceptance of products for quality are obliged to select samples (samples) of these products.

Based on the results of acceptance of products in terms of quality and completeness, with the participation of representatives, an act is drawn up on the actual quality and completeness of the products received. The act must be drawn up on the day of the end of acceptance of products in terms of quality and completeness. The act must be signed by all persons involved in checking the quality and completeness of the products. A person who does not agree with the content of the act is obliged to sign it with a reservation about his disagreement and state his opinion. In the act, before the signature of the persons participating in the acceptance, it must be indicated that these persons are warned that they are responsible for signing the act containing data that does not correspond to reality (clause 29 of the Instruction on the procedure for accepting production and technical products and goods consumer goods in terms of quality).

If a quality discrepancy is found after the quality acceptance of the products, the recipient enterprise sends a claim to the manufacturer (sender), and, if necessary, to the transport organization. Wherein:

1) an act on the identification of non-conformity in product quality, signed by the head of the recipient enterprise, must be attached;

2) in cases stipulated by law and the contract, the claim must be accompanied by an act on the destruction of perishable products at the direction of the sanitary and epidemiological supervision authorities, an act on the delivery of products for scrap metal and other documents on the use of products on the spot in accordance with its actual quality;

3) in the event of a claim for compensation for the difference in the cost of products in connection with its transfer to a lower grade, the recipient is obliged to attach to the claim documents confirming the receipt of the products by the actually received grade;

4) trading organizations must present a certificate signed by the head of the organization and the chief accountant on the sale of products at the price of the grade in which it is transferred, or on the revaluation, if the products have not yet been sold, as well as a certificate signed by the same officials on re-labeling the products with the corresponding grade .

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