In what cases defective goods examination is required?
Sometimes the goods not only do not correspond to category as which it rank, but even can be hazardous to health. If it is possible to acquire the poor-quality goods, we are upset. But not each consumer will defend the rights, and only units of the deceived bring matters to court. And all because the consumer doubts the correctness. Though it is important to remember that the buyer is always right, as is declared in the legislation of the Russian Federation, and to deal with disputed issues defective goods examination will help.
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So, if there was a dispute on goods shortcomings, examination is appointed.
Examination represents the analysis of quality of assembly and materials. Its purpose – identification of violation of the quality standards. The result of examination is a document with the listed properties of materials and the conclusion.
The law on the party of the consumer which has the right to many ways of satisfaction of the claim. The buyer can count on that the goods or the service provided to it, were qualitative. Otherwise the seller, the performer or firm manufacturer bear responsibility.
As a rule, in shop the goods look well at the expense of the correct site and even lighting. But if suddenly later you found marriage in the goods or it appeared poor-quality, it is necessary to carry such goods back in shop.
Sellers often refuse similar claims, however you can refer to item 5 of Art. 18 of ZOPP which says that «Absence at the buyer of the check is not a strong reason for refusal of return of the goods». However, it is better to have both the check, and witnesses. It is so easier to prove the fact of commission of purchase.
However if the seller notified you that it is the goods with marriage or in shop there was a relevant information in the form of plates or the information stand, and also the corresponding record on the commodity check or documentation on the goods, in this case you has not the right to demand examination. To this statement there corresponds Art. 18 item 1. The law Russian Federation «About protection of the rights of consumers».
Goods examination. Show the right to examination you can, if suspect of dishonesty of the producer or the seller. Therefore, declaring goods shortcomings, be ready that they will want to look at defective goods. After that repeated quality control will be carried out. The manufacturer or the seller order examination at own expense, and you can challenge only results of the analysis through court (Art. 18 item 5).
Council to the consumer. At assessment award by experts it is better to product to be present, therefore as it happens that the seller agreed already in advance about everything with the "independent" organization which not so much checks the goods on quality, how many draws up the statement in favor of shop. The conclusion in which with all details it will be painted why it occurred by your negligence becomes result of such "research". They can write that you carried a thing "incorrectly". And thus you should pay for examination, storage of the goods and its moving.
Ask, that the seller warned you about a place and time of carrying out examination. It would be excellent, if action took place in the face of your familiar expert in the area which can understand correctness of an expert assessment and necessarily will lead.
And even if you did not orient in time and in the final act of examination is written that it is your fault, you can choose establishment and carry out repeated procedure. But also to pay for it it is necessary to you.
But if you are sure that marriage through your fault was not, and results will not prove to be true, you can appeal to court, which will make a final decision.
The seller pays consumer examination in the full size if the court finds it exact.
Examination price. The sum of examination is equal 10 % from the goods sum. Examining independently, do not forget what to tighten with carrying out is impossible. The later you address, the result that will not cause trust in court is less exact.
The first examination which is paid by the seller, makes about 10 % from the goods sum. If the buyer is guilty in goods shortcomings, it returns the sum to the seller and if the seller – it has to return money or make purchase replacement.
Terms of carrying out assessment. Duration of examination makes from 10 to 20 days. Usually 20 days are necessary in case the buyer is going to replace the goods. If the consumer is excited by return of money, 10 days on check are given.
For every days of delay to the seller the fine in the size in 1 % from cost of a subject of purchase is charged.
If the consumer demands to eliminate marriage and in short term, here complexity of repair undertakes a basis – from degree of complexity and duration depends.
It is necessary to show what documents:
Demand for defect.
Cash or commodity voucher, packing, all labels, labels, etc.
Technical data sheet or the instruction (if is).
Main points of the expert opinion. The conclusion of commodity researchers gives a number of answers to a set of the questions depending on category of a product:
Confirmation of marriage or justification of its absence.
The detailed description of marriage (at existence).
As there was this defect.
Approximate time of emergence of defect.
Specifics of the goods influences other points. To estimate purchase the narrow-purpose expert (one is responsible for electronics, another – for a car or sewing business, и.т.д should.).
The analysis is carried out by only highly skilled commodity researchers, being guided by state standard and specifications.