Safe custody of goods means guaranteeing the safety of things if the buyer refuses them on the basis of the law and other legal acts. Thus, the buyer saves the goods and subsequently transfers it to the supplier. From the article you can find out the details of this obligation, as well as the procedure for its execution.
The concept
The safekeeping of goods is referred to in Art. 514 Civil Code. It is carried out for specific purposes. The supply contract governs the relationship between equal entities. The interests of the buyer are protected subject to the protection of the interests of the supplier. So, if the buyer refuses to accept the goods, then this should not become the reason for its damage or destruction. Therefore, in this case, the buyer must ensure its safekeeping.
Thus, speaking of safekeeping, we can mean a special measure, which is established by law and which the buyer must comply with. On the one hand, this ensures the interests of the supplier, and on the other, stability in civil circulation is growing.
In this case, it is necessary to distinguish the storage prescribed in Chapter 47 of the Civil Code of the Russian Federation from that referred to in the article. The first case is governed by Art. 887 of the Civil Code of the Russian Federation, according to which an agreement is required for the storage of goods. However, by virtue of the provisions of Article 514 of the Civil Code of the Russian Federation, storage is the buyer's obligation.
It should also be distinguished from actions taken in the interests of others without a mandate, as described in Sec. 50 Civil Code of the Russian Federation. With the storage in question, approvals are not required to take the appropriate action.
Main features
The main characteristics of this storage include the following:
- It is impossible to conclude an agreement for the safekeeping of goods. The sample given below in the article refers to ordinary storage (which guides Chapter 47 of the Civil Code), although in practice it is often called responsible.
- The storage in question is free of charge, therefore, no fee is assumed for it. Expenses can only be compensated, approximately as with a contract of gratuitous storage. Compensation of contracts, prescribed in paragraph 3 of Article 423 of the Civil Code of the Russian Federation, is not valid in this case, since the document is not drawn up.
- Responsible storage is only part of a previously concluded supply contract and one of the obligations of the buyer. It does not have an independent character.
Since it was said above that it is impossible to conclude an agreement for the safe storage of goods, the sample below provides an agreement on ordinary storage.
Below is a sample of an additional agreement to a supply contract. It contains a condition of an obligation to accept goods for storage.
When the buyer has the right not to accept the goods for storage
Art. 514 of the Code does not imply the obligation of the buyer in all cases to accept goods that he refuses. So, in the following situations, he has the right not to take the goods for storage:
- If during the selection process it was found that the assortment does not meet the conditions prescribed in the contract, and the buyer refused to accept and pay for the goods, according to paragraph 1 of Art. 468 of the Code.
- If the acceptance is carried out together with the supplier in the buyer's territory, and upon inspection, a violation has been revealed in terms of quantity. Refusal is carried out in accordance with paragraph 1 of Article 466 of the Code. In this case, the supplier agrees to this by signing a special act and expresses readiness to pick up the goods.
- The product needs a special storage mode, but after receiving it, tests showed inconsistency with the terms of the contract. If transportation costs are cheaper than its storage, you should not accept the goods, but send them to the supplier immediately. The relevant decision was made in a similar case of the Federal Antimonopoly Service of the Urals District, in which the court clarified that Art. 514 of the Civil Code of the Russian Federation regulates the procedure and payment for goods that are accepted for safekeeping. The case concerned milk, which was not accepted for storage, but was immediately returned to the supplier.
Specification of a special condition in the supply contract
The parties may stipulate in the contract conditions under which the buyer will have the opportunity not to accept the goods for safekeeping in case of a violation of quality and its other essential characteristics. In this case, the buyer must fix the grounds for refusal on paper properly. If this is not done, then an unscrupulous supplier may say that the buyer did not accept the goods without reason, and therefore must pay for it.
If we are talking about a shortage of goods or existing defects, then appropriate notes should be made on invoices. In addition, an act is drawn up on the established discrepancy in the reception of values.
However, it often happens during delivery that the buyer has no choice but to accept the goods for safekeeping. The wiring needed for this, he must also perform. The reasons may lie in the lengthy and complex nature of the acceptance, as well as the method of delivery of the goods. Let's consider them separately.
Acceptance Duration
The more complex the product is sold, the longer it takes acceptance. For example, with a technically complex device, a lot of time is spent on assembly, installation and testing. A possible algorithm of actions is indicated in the Instructions on the acceptance procedure of 1966 No. P-7. This Instruction is applicable in cases where it is expressly indicated in the supply contract.
So, if a flaw is found when starting the device, then you must perform the following steps:
- Suspend acceptance and fill out an act on the transfer of goods for safekeeping.
- Call a supplier.
- Check the quality of the device with the participation of persons, in accordance with paragraphs 19 and 20 of Instruction No. P-7.
- Fill in the certificate of quality and completeness.
- If there are hidden flaws, the document is prepared within five days after their discovery, unless otherwise specified. During this period, prior to export, the goods must be in appropriate storage.
Delivery method
If the delivery is carried out not by the supplier, but by transport companies, the recipient must accept them even if there are goods that do not meet the terms of the contract. Then the buyer is obliged to draw up a responsible storage of goods in a warehouse.
So, in Art. 36 of the Law "The charter of railway transport of the Russian Federation" No. 18-FZ refers to the obligation of the consignee to pay the payment to the carrier, and to accept the goods. Failure is possible only in case of damage, damage and for other reasons, as a result of which the thing has changed so much that the possibility of using the corresponding cargo is excluded.
The same standards are recorded in other transport codes, in particular:
- Art. 111 VK VK.
- Art. 79 KVVT RF.
- Art. 15 of the Charter of motor vehicles and urban land electric vehicles.
Legal regulation
As mentioned above, the safekeeping of goods is referred to in Art. 514 Civil Code. But in view of the fact that it is an obligation, in this case the provisions of Ch. 47, but only in that part which does not contradict Art. 514. This applies to:
- To measures for the preservation of goods.
- Use of goods.
- Its storage with dangerous properties.
- Responsibility.
Sometimes on this issue in the contract they apply Decree of the Council of People's Commissars of the USSR No. 721 "On the responsible storage by customers of unpaid goods." It was adopted back in 1931, but some people use it today. The provisions specified in Regulation No. 721 are useful to the supplier. But for the buyer additional risks are created. They are as follows:
- If goods are accepted for safekeeping, they cannot be used.
- The buyer should follow the supplier’s instructions for shipping to a different address.
- The buyer is liable for the safety and integrity of the goods.
- He must notify the supplier of the acceptance of samples of goods for safekeeping within 24 hours.
- The supplier must arrange it within five days.
- The costs of loading and unloading, transportation, storage and shipping are borne by the buyer. In this case, the supplier must compensate them immediately.
- If the goods are not issued at the request of the supplier, the buyer must pay a fine for him in the amount of 8% of the value of the goods, as well as for losses incurred by the supplier.
- The supplier has the right to control the fulfillment of the buyer's obligations, for example, as to whether goods have been accepted for safekeeping under all documents and 1C.
Benefit from acceptance of goods
With appropriate storage, the buyer will find many advantages. They are as follows:
- The consequences of failure. The buyer is not obliged to pay for the goods, after which they would have to sell or destroy them.
- The ability to recover costs. The buyer has the opportunity to return the costs of delivery, storage and even disposal.
- Obligation to export goods by supplier or disposal. According to paragraph 2 of Article 514 of the Civil Code of the Russian Federation, the supplier must take out the goods that have been accepted for safekeeping or dispose of them.
With regard to the order, the following should be clarified:
- Suppliers instruct the buyer to retain the goods or transfer to another person for safekeeping.
- Indicate to transfer or resend the goods to a third party.
- Give an order to dispose of the goods.
Each of these actions is carried out by the supplier.
What does “reasonable time” mean?
A reasonable time is understood as follows. The term is determined individually on a case-by-case basis. It depends on the product, the duration of the message, the distance, the period for deciding on the product. However, it should be no more than five days from the receipt of the notification. The question of whether the court will take this provision into account or not remains open. But what is clear is that a reasonable period cannot exceed 1 year.
If the buyer changes his mind
In order not to transfer the goods to the supplier, the buyer can simply pay for it according to the requirement of paragraph 4 of Article 514 of the Code. In fact, having paid for the goods, the buyer has the right to leave it, without even canceling the regime of responsible storage formally. But it’s better to notify the supplier of the acceptance of the goods. Then disputes and claims for damages can be avoided.
The question is solved differently if:
- There are reasons for rejecting a product, which lowers its value.
- The buyer is still ready to accept it, but at a reduced price.
In this case, you can try to reduce the cost in different ways. For example, in case of significant violations, for example, with regard to the quality of the goods, the buyer has all the authority to refuse it or to require a replacement. But he also has the right to demand a reduction in cost from the supplier. For this purpose, you need to send him a letter indicating the lack and an offer to accept the goods at a discount.
Conclusion
Thus, the goods are transferred for safekeeping. As you can see, if you approach this issue, having studied all the necessary points, then you can benefit from this action. However, if the supplier indicates in the contract, for example, the application of Decree No. 721, this may not result in the most pleasant consequences for the buyer.