Poor- quality goods in accordance with Article 518 of the Civil Code of the Russian Federation are products delivered for sale that do not comply with regulations and contracts. Having bought such products, the buyer is not able to use them in accordance with the purpose. Art. 518 of the Civil Code of the Russian Federation indicates how to regulate issues on goods with defects at the legislative level.
Who are the laws for?
The law protects consumer rights. Basically, the provisions are aimed at protecting the interests of the buyer, who comes to ordinary shops, retail outlets. Art. 518 of the Civil Code of the Russian Federation provides an opportunity for entrepreneurs to regulate relations with suppliers, inform them of inadequate quality and set requirements:
- for immediate replacement with materials of good quality;
- cost reduction;
- payment of repair costs;
- elimination of deficiencies at the expense of the means and forces of the supplier.
If the products managed to be sold and returned to the consumer, the products must also be replaced.
Contract Feature
By concluding an agreement, entrepreneurs provide for the conditions, as stated in Art. 518 of the Civil Code of the Russian Federation, to check the quality of goods, while stipulating that the timing should be reasonable. The regulation is established in accordance with the principles of business trade and special regulations. This means that partners secretly accept obligations not to delay the procedure, but to quickly check the quality and accept without delaying the delivery.
Creating a good turnover of funds is beneficial to all parties involved in economic relations. Fast acceptance contributes to this. The provision in paragraph 1 of Art. 518 of the Civil Code of the Russian Federation indicates the possibility of eliminating the shortcomings found after acceptance, since everything cannot be immediately seen, but only during operation.
Type of contract
Relations in the form of sale between organizations, enterprises occur according to the agreements concluded between them. To deliver the finished product, create supply contracts. For an entrepreneur, there is a great risk of making purchases in large volumes. The agreement must contain all the points so that if it is not observed, evidence of violated obligations can be brought to court. The contract indicates the standards to which the delivered goods must comply:
- things signify quality standards or a level of safety;
- technical devices come with the application, instructions and design documents.
The Civil Code of the Russian Federation in article 477 provides general rules, the acquirer can use them if it becomes necessary to submit a quality claim.
Evidence Based Methods
To return a product or make a claim, substantial, non-arbitrary evidence is required.
Usually evidence is based on the following points:
- the goods do not comply with the standards that are established;
- defects were discovered before the sale and the item was not damaged by the buyer during the inspection.
Art. 475, 518 of the Civil Code of the Russian Federation disclose methods of notification of actual non-compliance of products:
- an act of joint acceptance signed by two parties - the supplier and the recipient;
- a unilateral opinion on the deterioration of the goods if the supplier was not present during the inspection;
- pre-trial expert analysis;
- examination of the party or part thereof.
The consequences of a poor-quality material delivered to a warehouse and a spoiled product bought in a store by a simple layman differ in size and loss.
In any case, the perpetrator must be held accountable. It is important that legislative acts allow you to completely abandon low-quality products without loss to the recipient, as well as further obligations under the contract of sale. There is an interesting subscript in the legal provisions at the end of each paragraph - there are many ways to apply, unless otherwise provided. How the contract will be drawn up is to be based on. The court will also focus on the terms of joint agreements.