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Коммерческое право. Качество товара (самое важное)

Lecture notes, cheat sheets

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43. QUALITY OF GOODS

The condition on the quality of the goods is not one of the essential conditions of the contract.

Product quality defined as compliance with the agreements formalized in the contract. In the absence of quality requirements in the contract, the seller is obliged to transfer to the buyer goods suitable for the normal use of goods of this kind.

In Art. 470, 471 of the Civil Code are formulated product warranty rules as the period during which the product after its sale to the buyer must comply with the requirements for its quality (Article 469 of the Civil Code). If the warranty period is not established in the contract of sale, then by virtue of the law the rule on a reasonable period is applied (paragraph 1 of article 470 of the Civil Code).

Also applicable in business shelf life, i.e. the period after which the product, regardless of its actual condition, is assumed to be unfit for use.

Although paragraph 1 of Art. 472 of the Civil Code does not provide for the possibility of establishing an expiration date in the contract, the seller and the buyer have the right to independently establish such a condition.

Article 474 of the Civil Code establishes a list of grounds for conducting a quality check of goods, and also generally defines the conditions for the seller's obligation to provide the buyer with evidence of the verification (clause 3 of article 474 of the Civil Code) and the procedure for its implementation (clause 4 of article 474 of the Civil Code).

The quality in the contract is determined depending on the type of product:

1) according to standards - the quality of fairly simple products (brick, concrete, cement) can be determined;

2) technical conditions - the quality of engineering products can be determined;

3) according to certificates of conformity and hygiene certificates - food products, perfumes and cosmetics, children's toys.

When selling goods according to a sample or according to a description, the criterion for the proper quality of the goods is its compliance with the sample or description. The contract contains instructions on the number of selected samples and the procedure for their comparison with the delivered goods.

The contract may provide that the quality of the goods must meet established standards.

Standard - this is a sample, standard, model, taken as initial when comparing other similar objects with them. The standard is developed for material objects (products, samples of substances), norms, rules and requirements of a different nature.

Normative documents on standardization include state standards (GOSTs); industry standards (OSTs), etc.

Certification of products - conformity assessment procedure, through which an organization independent of the manufacturer (seller, performer) and consumer (buyer) certifies in writing that the products comply with the established requirements (Article 1 of the Law of the Russian Federation "On Certification of Products and Services").

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