On the rights of consumers when checking the quality of goods

Author of the article:

Muzyko Tatyana Andreevna - lawyer.

The buyer has the right to purchase undamaged products. If it is violated, you can request a quality check of the product.

The seller can conduct research both in the presence and absence of the buyer (with his consent). Product quality checks are carried out according to the rules of the Labor Code and the Civil Code.

What if the consumer does not agree with the results of the quality check?

There are times when consumers completely disagree with the results of quality testing. In such situations, stores and manufacturers of goods should be guided by paragraphs 3 and 4 of paragraph 5 of Article 18 of the Law “On Protection of Consumer Rights”. It states that in the event of a dispute about the causes of defects in the goods, the seller (manufacturer) is obliged to carry out an examination of the goods by pre-paying for expert services.

Timing of the examination. The examination of goods is carried out within the time limits established by articles and of this Law to meet the relevant consumer requirements. The consumer has the right to be present during the examination of the goods.

It should be taken into account. If, as a result of the examination of the product, it is established that its defects arose due to circumstances for which the seller (manufacturer) is not responsible, the consumer is obliged to reimburse the seller (manufacturer) for the costs of conducting the examination, as well as the costs associated with it for storage and transportation of the goods.

But this is not the end. Very often, consumers do not trust the examination organized and initially paid for by the store or manufacturer. And therefore, consumers have the right, in case of disagreement with its results, to challenge the conclusion of such an examination in court.

Timing of the procedure

The legislation does not establish one specific period during which the seller undertakes to check the quality characteristics of the product when a consumer makes a complaint. It all depends on what requirements the applicant puts forward. So, the period for conducting an inspection, depending on the situation, may be as follows:

• 45 days (Clause 1 of Article 20 of Law No. 2300-1) - if the claim puts forward a requirement to eliminate detected defects in the purchased item;
• 20 days (clause 1 of article 21 of Law No. 2300-1) - if the consumer who discovers defects demands a replacement of the purchase;
• 10 days (Article 22 of Law No. 2300-1) - if the client’s request is for a refund, a reduction in the price for a low-quality product, or compensation for losses associated with the purchase.

Who is checking

Most often, when a client makes a complaint about the quality of a product, the inspection and identification of defects is carried out by a person representing the interests of the retail outlet where the purchase was made. If it is not possible to externally determine deficiencies, then in such cases the quality assessment is carried out in specialized service centers .

Employees of such organizations have deeper knowledge and skills than employees of trade organizations.

A citizen who has purchased a low-quality product can contact Rospotrebnadzor with a request to conduct an unscheduled inspection of a specific trade organization. But initially he needs to make a claim to the seller himself.

If the purchase does not meet safety requirements, you can immediately contact Rospotrebnadzor.

How to draw up a product inspection report - sample, 2021 form

Any product has a certain material value. Accordingly, upon receipt, the responsible person must make sure that the valuables have not been violated or damaged. Usually a visual inspection is sufficient for this. However, you can’t just check inventory items and that’s it. This fact must be recorded using an appropriate act.

Form

Surely many people know that unified forms were mandatory until 2013. Today there is no need to use them. In other words, we can say that this document is allowed to be drawn up in free form. For this, it is recommended to use a sheet of A4 paper.

Some companies develop letterheads for this, but in this case they must be approved by the internal rules of the organization. You can also download a standard template online. All the necessary columns are already present here. They just need to fill in the relevant information.

In what cases is an inspection carried out?

There are no specific situations in which inspection of goods is necessary. The most common of them include:

• receiving goods from a supplier or manufacturer;
• acceptance of the goods after their manufacture;
• the buyer returns the goods when a certain time has passed after the purchase.

In general, it does not matter for what reason and in what situations the goods are inspected. The main thing you need to pay attention to is the correct design of this process. It is in such situations that the corresponding act is drawn up.

Creation of a commission

The rules prohibit the inspection of anything, including goods, by one person. This is explained by the fact that he is unlikely to be able to fully assess the condition of the cargo.

And no one is immune from ordinary human error. That is why a special commission is being created for inspection, whose members will check each other. Each member of the inspection team must be competent in this matter.

Here the head of the company selects those responsible.

The commission must consist of at least two people. If desired, the director of the company can appoint a more expanded composition. To ensure that the inspection is as objective as possible, it is highly desirable that the members of the inspection team be employees of different departments.

Naturally, experience, education and qualifications should allow you to correctly determine the condition of the goods. This is the only way to obtain objective conclusions. In addition, the head of the company has the right to involve third-party experts in this procedure. Typically, this becomes necessary when the company does not have specialists of the required level, or they simply do not inspire confidence.

Tasks of the commission

Members of the review team must clearly understand why this commission was formed. This is usually a visual inspection, which is aimed at identifying mechanical damage.

In addition, the direct responsibilities of the inspection team include drawing up this act. All details of the procedure performed at each stage should be included here.

Naturally, at the end the commission draws conclusions.

They can be different:

1. If a defect, marriage or some kind of malfunction is detected, the culprit is determined. If the commission comes to the conclusion that the manufacturer is at fault, the goods are returned to him.
2. It happens that the commission still has some questions. For example, a visual inspection is not enough, and there is a suspicion that the product is faulty. In this case, members of the inspection team come to the conclusion that a deep inspection is necessary, which involves opening the package.
3. The product meets all norms and standards, so it can be used for its intended purpose.

Of course, at the discretion of the commission, the conclusions may be different. But these are the most common conclusions that are put forward in such cases.

How to draw up a product inspection report in 2021

As practice shows, many organizations use forms that were previously mandatory for these purposes. But we must repeat, today this is not a prerequisite. A printed version of documents is often used. Although a handwritten act will also be considered valid.

In any case, all responsible persons must put “live” signatures here. If the company's local documentation involves the use of a seal, its imprint is also affixed to the document. However, today companies are allowed to operate without a seal, so this item cannot be called mandatory.

The document must have at least two copies that have equal legal force. There are situations when more parties are interested in a given event, and accordingly, more copies can be made.

If the company maintains a special accounting journal, information about the document drawn up must be included in it. The certificate must be kept at the enterprise for three years.

Although this period may be changed by the regulatory documentation of the organization.

act

Like any document, there must be a title. It should reflect the essence of the act. Also, the “header” must contain the date and place of the document.

After this, you need to write out the main part, consisting of the following points:

1. The composition of the commission is listed. Not only the full names of employees are indicated, but also the positions they occupy.
2. Often the verification is carried out in the presence of witnesses, for example, consumers. Their details must also be indicated in the document.
3. The very fact of completing this activity is confirmed in writing. Detailed information about the product is indicated, which will allow you to easily identify it.
4. The date of arrival of the goods, information about warranty service, and other information are noted.
5. If defects or any other shortcomings are found, they are described in detail.
6. It is extremely important that qualified specialists on the commission identify the culprit.
7. A conclusion is drawn in which the responsible persons indicate what actions need to be performed in the future.

As for the number of copies, there are no standards or restrictions. It all depends on the specific situation and the number of interested parties. Each of them must receive a copy of the document.

All executed copies have equal legal force. The final part of the document is the autograph section. All committee members are listed here. You can indicate their positions. Signatures with transcripts are provided.

The consumer must also sign, indicating that the check was carried out in his presence.

Sample of goods inspection report

and sample

If defects occur during use of the item

Expert opinion

Makarov Igor Tarasovich

Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.

It happens that defects are not detected immediately. The client takes the product home and uses it for some time. During operation, various malfunctions appear.

A citizen does not need to follow the two-week rule or check whether the item is on the list of products that cannot be returned. Defective goods must be accepted by the seller for inspection at any time after the purchase, subject to the warranty period.

The verification allows the client to confirm that their claims are justified. He can get the store to repair the product, replace it with a similar one, or return its cost.

What does it install?

Product quality checks carried out by the manufacturer establish:

1. Whether or not there are any shortcomings of the product.
2. What caused the defect was a violation of production technology or improper operation.

The results of the inspection are recorded in a report, which is signed by specialists and representatives of the parties to the dispute.

Check procedure

The Law “On the Protection of Consumer Rights” allows the seller to inspect a product about the quality of which the consumer has a complaint. This will make sure that the item really has defects that were not the fault of the buyer.

The procedure is most often carried out by representatives of a trade organization, and it consists of the following stages:

1. Assessing the external qualities of an item , opening the case if necessary.
2. Comparison of available external data and properties with the characteristics declared by the manufacturer.
3. Function testing and performance assessment.

Upon receipt of the goods being assessed, the client receives a corresponding document. This may be an act or a note on the receipt of the purchased item by the seller to assess the quality characteristics.

Checking a technically complex product

If a low-quality purchase is included in the list of technically complex goods (Resolution of the Government of the Russian Federation dated November 10, 2011 No. 924), then the inspection time will be calculated according to the same principle.

After this period, his claim may be satisfied if:

• there is a significant defect;
• frequent elimination of defects , which does not allow the use of the product for more than 30 days during each year of the warranty period.

Often, after an inspection, an examination is required with a more thorough study of the product, which is due to the consumer’s disagreement with the conclusion on the product. If after the examination the controversial situation is not resolved, then the next step for the buyer will be to go to court.

On the day of purchase

It is advisable for the buyer to initiate an inspection upon acceptance of the goods. If deficiencies are identified, the client has the right to replace it with a quality one. A low-quality product remains in the store until a decision is made on its future fate.

The consumer is given similar products with appropriate consumer properties. He has the right to refuse to purchase a low-quality item and not pay for it.

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