Samples of claims for defective goods to the supplier, the store

Probably, many were faced with the acquisition of low-quality goods. Not all buyers assert their rights, since it is easier for them to remove the purchased item and forget about it. But if the products are expensive, most people want a refund. To do this, you need to know how to write a claim for low-quality goods. A sample of this document will allow you to correctly compose everything. The intricacies of writing are described below.

How is the delivery of goods?

Typically, when goods are delivered, clearance takes place:

1. Waybill.
2. Overhead.
3. Invoices.

During the transfer, the buyer must check whether the goods correspond to the documents (in quantity, completeness). The inspection should be carried out carefully, since after acceptance it is difficult for the buyer to confirm that the delivery of low-quality products was completed. After acceptance and payment, transfer of ownership, the return leads to accounting activities for certain operations.

If the parties do not fix other conditions in the agreement, according to Art. 477 of the Civil Code of the Russian Federation, the consumer has the right to appeal to the supplier with a claim for quality within 14 days from the date of receipt. The first is to prove that the defects were prior to delivery. This applies for claims within the expiration date and warranty period.

If, with acceptance, the buyer has identified inadequate product quality, an act of TORG-2 type is drawn up and a return of goods to the supplier is provided. In the future, he must deliver the goods if the parties agree on this.

When is a claim necessary?

Often, customers who were satisfied with the quality of the product at the time of purchase discover flaws during operation. They may appear through no fault of their own if the seller has not notified of the defects. Then the law is on the buyer's side. According to Art. 18 of the Law of the Russian Federation "On Protection of Consumer Rights", the buyer may require:

1. Substitutions for a similar product.
2. Substitutions for products of another brand.
3. Lower product prices.
4. Elimination of defects.
5. Termination of the sale.

If the seller, after verbally notifying the buyer about the presence of defects, has not taken any action, then a claim for defective goods is required. The sample serves as an aid while writing. Whatever the defect, the spelling will be the same, with the exception of the problem statement. Claim, depending on the situation, may be submitted to both the seller and the supplier.

Document acceptance

In Art. 19 of Law No. 2300-I states that the buyer has the right to appeal to the seller, the supplier with a complaint for defects for a period that does not exceed the expiration date or warranty period. There is a reservation: if the above terms for the purchase do not apply, the buyer has the right to contact the seller within a reasonable period - no later than 2 years. In this case, a sample claim for defective goods will also help.

Shelf life is approved for food products, and the warranty period for non-food products. In the first situation, the period is calculated from the date of manufacture of the goods. In the second - from the moment of transfer to the buyer. In both cases, you need to know how to make a claim for defective goods. The sample will be the same.

Please note that:

1. If the products are sold through the online store, then the warranty period is calculated from the moment the buyer receives the products. With a delay, the deadline will not begin.
2. When it comes to seasonal goods, the period begins with the onset of the season.

Sometimes the seller approves various warranty periods for the main product and its components. If the deadline for the main product has expired, and defects have been noticed in additional parts, the consumer can only contact the seller with a complaint about components. The claim should be considered in accordance with the general rules.

Compilation rules

The law does not have a single sample claim for a supplier of defective goods. It is drawn up in any form. Therefore, the document in each case may be different. But there is a generally accepted pattern of complaints to the store for low-quality goods:

1. The paper is drawn up in 2 copies, one of which remains with the seller, and the second is stamped with acceptance.
2. In the heading of the document, you must fix the name of the seller, full name the buyer, his contact information.
3. In the text, it is necessary to describe as much as possible the process of purchasing the goods with the designation of characteristics.
4. Then the defects of the goods are indicated with the indication of exactly how the buyer indicated them and why the goods cannot be used further.
5. You can specify the articles of law No. 2300-I, where penalties for the seller are indicated if he fails to fulfill the buyer's requirement indicated in the claim.
6. At the end, requirements are indicated.

A sample claim for defective goods is presented in the text. According to Art. 22 of Law No. 2300-I, the deadline for considering a quality claim is 10 working days. After that, the buyer can go to court.

The handling of a claim regarding the quality of the goods is the right of the buyer, which he can use during the period specified in the law. Without this, it will not be possible to go to court, since such a statement is not considered by the judge. Therefore, filing a complaint is mandatory.

Documentation

Buyers need not only to write a claim for the return of defective goods, a sample of which is presented here. You also need to know what documents you need to submit. Their list should be indicated in the letter. This will require:

1. Cashier's check.
2. Waybill.
3. Warranty card.
4. Technical passport.

These papers must be submitted in the form of copies. If there is documentation that confirms the problem, you should also attach it. For example, copies of acts of independent examination, a conclusion from a service center.

Writing nuances

The law is usually on the buyer's side. Therefore, in the sample claim for defective goods, references to laws can be indicated, which are important to indicate in your letter:

1. Art. 18 of the Law "On Protection of Consumer Rights" confirms the right of the buyer in case of detection of defects to receive funds back. It also states that the consumer may claim compensation for losses incurred while using a low-quality item.
2. In Art. 309 of the Labor Code of the Russian Federation it is said that the seller has no right to refuse obligations and must comply with the norms of the law.
3. Information from Art. 18 is duplicated in Art. 50 Civil Code of the Russian Federation.

Another condition applies: in paragraph 5 of Art. Section 18 of the Law “On the Protection of Consumer Rights” states that the buyer has the right to a refund for defective goods, as well as an exchange for such a thing, even if there is no check.

Often, the seller does not want to fulfill obligations for this reason, therefore, the claim should indicate the absence of a check, relying on the link of the law. If the buyer receives a refusal, the case will be decided by the court, and then the seller will also need to pay legal costs.

An independent examination will help the consumer in this situation. There is an opportunity to demand that it be carried out at the expense of the seller. The buyer must save all documents for the repair of goods.

Defects in goods

A disadvantage is the absence of at least one product characteristic. Defects are divided into:

1. Critical.
2. Significant.
3. Minor.

Deficiencies can be either noticeable or hidden. They appear due to improper handling of goods by the seller, supplier and buyer. If the consumer is sure that the defect did not appear because of him, then he should file a claim. Then the supplier or buyer will refund or replace the goods. This buyer's right is guaranteed by law.

No Response Actions

Sometimes it happens that the supplier does not respond to the claim (it is sent during the pre-trial settlement of the dispute). If the claim is ignored, a suit should be filed with the arbitral tribunal. The lawsuit shall indicate the circumstances, the reasons for which it was necessary to draw up a document, as well as questions and requirements that arose.

The lawsuit is filed on the basis of the law. Attached to it is documentation, including 2 copies of the claim and a delivery contract. Disputes are resolved with a claim. This paper should include details of irregularities, such as non-compliance with delivery dates or inappropriate quality. The document is drawn up on the basis of the law (it is important to fix all the requirements in it). This is exactly what is indicated in the sample letter of claim for a defective product.

Conclusion

Thus, in case of receipt of non-conforming goods, you need to contact the store. Claim will solve this problem. If it does not work, then we should proceed to the following legal methods of restoration of rights.