All of us from time to time are faced with the purchase of low-quality goods. Private buyers can return the goods by presenting to sellers only a sales receipt. The return of goods by a legal entity to a legal entity is different and is based on civil law.
Civil basis of return
Trade and financial relations between legal entities impose a certain responsibility in the provision of services. When making a transaction between the parties, a supply contract is concluded. The return of goods by a legal entity to a legal entity is carried out in accordance with the paragraphs of this document.
Based on all the provisions of civil law that govern relations between the parties, the contract obliges the supplier of goods to comply with all conditions. They may relate to quantity, a certain assortment, composition and quality. Also in this list you can include items for packaging and delivery of goods to the buyer. If any item does not suit the buyer, this is the basis for the return of the goods.
Purchase returns
The organization that bought the goods for sale on its territory can return the product not only during its acceptance and reconciliation with the invoice. During unpacking and inspection, cases may also arise that make it impossible to use the goods. These may be cases of returning things by retail buyers.
If you are a buyer, you should pay attention to the next moment in the contract. The legislation does not prohibit the return of goods not sold during the time. This item is automatically included in the contract by some suppliers. However, it will be useful to hedge and introduce this item before signing the documents.
If the buyer does not need the product at will, then refund in this case will not work.
Often there are cases when the basis for the return of products is not supported in any way from a legal point of view. Then the so-called reverse sale and purchase agreement is concluded between the parties. This means that the supplier becomes a buyer, and the buyer turns into a seller.
Documents for return
The package of documents on the return of goods by a legal entity to a legal entity includes the following:
- a letter to the supplier, in which in an expanded form all defects of the goods or its shortage are indicated;
- consignment note together with accompanying documents, labels or specifications;
- accounting documents;
- acts of acceptance of goods and detected problems.
If you use the services of logistics companies, a bill of lading is required. It is also important to remember that if the return is carried out by authorized persons, it is necessary to provide them with confirmed documents that they have the right to act on behalf of the legal entity. All documents must be treated very carefully, since the loss of one of them can turn into an additional tax burden. It is also important to carefully read the sample for the return of goods by a legal entity to a legal entity in order to avoid errors when filling out a document.
Step-by-step instruction
As a rule, all actions to resolve disputes are clearly prescribed in the contract. However, if these points are missed, you should be guided by the following points:
- When the buyer accepts the goods, the first thing to do is check the quantity and total weight of the goods along with the packaging. In documents, it is marked with the word "gross". If everything fits together, the invoices are signed.
- If a shortage of a product is detected, a specially drawn up act is signed between the parties, in which all numbers are recorded.
- The buyer must check the quality of the goods received in a strictly defined time frame.
- If defects are found, the buyer or his representative must invite the seller for a joint inspection. After this, a return document is signed.
The deadlines for a decision on the return of goods by a legal entity to a legal entity are 30 days from the moment the seller acknowledges the fact of a defective product. This must be agreed upon when drafting and concluding the contract.
Lack of contract
There are cases of returning goods by a legal entity to a legal entity without a contract. In this situation, it is necessary to be guided by the provisions of the Civil Code of the Russian Federation, namely, article 475 and its chapters 27-30, as well as their amendments. For each controversial case, individual protocols are drawn up.
If either party refuses to recognize the results of the transaction, the dispute is resolved in court. Cases in the amount of up to 50 thousand rubles are considered by a justice of the peace;
Return Good Quality Goods
Various operations for the return and exchange of purchased goods at retail is quite simple. It is enough to have a check with you and be sure that the product is not included in the list of purchases prohibited, for example, for exchange.
More complicated is the situation with the same issues for legal entities. You can’t return the goods only because the organization or company that sold it decided to no longer work with this or that type of product.
In this case, the return of good quality goods by a legal entity to a legal entity can be carried out if the seller violated the previously agreed terms of the contract, for example, on the time of delivery of the goods to the buyer.
Inadequate product
Returning the defective product to the seller is much easier. There are several options:
- During use, any latent defects can be detected that were not visible during external inspection. This is considered the return of goods of inadequate quality by a legal entity to a legal entity.
- Broken packaging.
- The delivery deadlines set forth in the contract are violated.
- Damaged related items.
It is important to remember that the retail sale of a certain group of goods does not imply their exchange or return. The list includes personal hygiene items, underwear, textile products, non-periodicals, wires and electrical appliances, jewelry and precious stones, medicines and drugs for the prevention of diseases, cosmetics and perfumes, furniture, household chemicals, weapons, as well as animals, plants and necessary care accessories. This list also includes auto and motor equipment, trailers, large and small water equipment, agricultural units.
Possible nuances
Return of goods by a legal entity to a legal entity may take various forms. To simplify the resolution of problems under the sales contract, both parties can take the following steps. The seller assumes full responsibility to eliminate defects and shortcomings of the delivered goods, as far as possible. In this case, it will be enough for the buyer to provide free access to the materials for the representative of the seller.
Another way to solve the problem is that the buyer independently eliminates all the malfunctions, officially fixes all operations performed and the amount of costs, and the seller compensates all costs. In this case, it will be useful to ask the seller for formal consent to take actions in writing, secured by the seal and signature of the Director General.
If none of the parties is able to eliminate the reasons that impede the full sale of the goods, the buyer has the right to demand that the seller reduce prices for damaged goods.
If the disputed situation could not be resolved peacefully or the claim was ignored, it is necessary to prepare documents and apply to the court.