It indicates the number of goods inspected and the nature of defects identified upon acceptance. Until acceptance continues, goods of inadequate quality are stored under conditions that prevent deterioration in their quality and mixing with other similar goods. A representative of the supplier is called to participate in the continuation of acceptance and drawing up a bilateral act. In the case of a one-year supply, calling a representative and his appearance to participate in acceptance and drawing up the act are mandatory. Complaint to the supplier of goods Your organization carried out the next delivery of goods using its own transport on February 20, 2020. During the receipt of goods, it was discovered that part of the assortment was of inadequate quality, about which a defect detection report was drawn up. The specified act was handed over to your representative under a power of attorney to receive documents and goods and materials on 02/20/2017. In accordance with Art.
Certificate of return of defective goods
If the goods are supplied in insufficient quantities, the buyer has the right to return the entire shipment.
- Failure to comply with assortment conditions. Such a violation gives the buyer the right to return both part of the goods that are not suitable for the assortment, and the entire batch (Article 468 of the Civil Code of the Russian Federation).
- Delivery of incomplete goods. Failure to comply with the completeness condition may result in the return of the goods only if the supplier fails to comply with the buyer’s request to reduce the price or complete the complete set (Article 480 of the Civil Code of the Russian Federation).
- Delivery of goods beyond the deadline. However, goods with late delivery, the refusal of which the buyer did not notify the supplier in a timely manner, cannot be returned (Art.
We draw up a certificate of return of goods to the supplier - sample
Sample certificate of return of low-quality goods To: (name of the seller organization)Address: Consumer: Address: Tel: Certificate of return (exchange) of goods of good quality “” I purchased from your organization This fact is confirmed by: your mark in the technical passport , sales receipt, cash receipt (underline as appropriate). The one I purchased is of proper quality, but cannot be used by me for its intended purpose, because... In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a consumer to whom a non-food product of proper quality has been sold has the right to exchange this product for a similar one from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configurations
Certificate of return of defective goods
In addition, the act makes it possible to perform two accounting operations:
- The seller may receive a defective product back and write it off.
- The buyer must accept the delivered goods for accounting in the amount of quality inventory items.
Moreover, in the event that shortcomings are identified during the use of the product, on the basis of the act, it can also be written off from the organization’s register. Creation of a commission, tasks In order to record the fact of the presence of defects in the product and draw up a report in accordance with all established standards, a special commission must be created in the company (by a separate order or order of the director). The commission should include at least two people. The commission should include at least two people.
How to correctly fill out a statement of discrepancy
Any such situation is grounds for returning such products. At the same time, the rights of the buyer are regulated and protected by consumer legislation. Due to legal requirements, the discrepancy between the quality and quantity of goods must be corrected by the seller at his own expense. Failure to ensure that a supplier's representative is present at acceptance will be considered a violation of the terms of the contract. In addition, the customer may refuse to accept the goods if there are complaints. There will be no one to submit written objections.
The formation of an act on identified product defects occurs when low-quality inventory items, equipment, instruments, and machinery are received from the supplier.
In addition, the act makes it possible to perform two accounting operations:
- The seller may receive a defective product back and write it off.
- The buyer must accept the delivered goods for accounting in the amount of quality inventory items.
Moreover, in the event that shortcomings are identified during the use of the product, on the basis of the act, it can also be written off from the organization’s register.
An act of non-conformity of the delivered goods - how to draw it up if it is discovered that the ordered goods did not arrive in the quantity or quality in which they should have arrived according to receipt documents, applications, contracts or specifications? Such cases are not uncommon in any field of activity. We will examine this issue in more detail in our article.
Upon acceptance, the buyer's representative is obliged to check the compliance of the delivered products in terms of quantity, volume, packaging, configuration, quality and other technical characteristics stated in the contract or accompanying documentation. The check should be carried out thoroughly to eliminate the slightest inconsistencies.
The existence of the act allows the buyer to accept the purchased products for accounting and, in case of detected defects, to write them off legally. Also, the seller, having received back a product of inadequate quality, can write it off the register.
Agreement for the supply of goods and products → Sample. An act on the established discrepancy in quantity when accepting imported goods.
Conditions for the quality of goods, work or services can be additionally provided for in the technical specifications, as well as in another document. As a result, in the report of identified deficiencies, it is necessary to state that a proportionate reduction in price occurred as a result of non-compliance with such requirements, and make reference to the relevant provisions.
Sample and form 2020 The formation of a report on identified product defects occurs when low-quality inventory items, equipment, instruments, and machinery are received from the supplier. The form has a fairly wide scope and can be used in a wide variety of areas of business.
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Sample report on defective goods
If the law or the procedure established by it provides for mandatory requirements for the quality of the goods being sold, then the seller carrying out entrepreneurial activities is obliged to transfer to the buyer goods that meet these mandatory requirements. By agreement between the seller and the buyer, goods may be transferred that meet increased quality requirements in comparison with the mandatory requirements provided for by law or in the manner established by it. The quality of a product is usually confirmed by a certificate, to obtain which you must go through a certain procedure.
This is established by Federal Law of December 27, 2002 N 184-FZ “On Technical Regulation”.
Sample certificate of delivery of defective goods
According to the Law, certification can be mandatory or voluntary. Product quality acceptance certificate It must be drawn up on the day the acceptance is completed. The act is signed by all persons involved in the acceptance.
They are obliged to certify with their signature only those facts that were established with their participation. A person who does not agree with the contents of the act is obliged to sign it with a clause of disagreement and state his opinion. Delivery of goods of inadequate quality If a discrepancy is detected in the quality, completeness, labeling of received goods, containers or packaging with the requirements of standards, technical specifications, drawings, samples (standards), contract or data specified in the labeling and accompanying documents, store employees suspend further acceptance and draw up a unilateral “Report on acceptance of goods” (form No. TORG-1).
The powers of the signatories must be certified by powers of attorney, for example, in form M-2. It would be useful for the parties to exchange originals or copies of powers of attorney.
- Refusal of the supplier to receive the returned goods. In this case, the buyer who has accepted the goods for safekeeping, after a reasonable period of time after notifying the supplier of the need to dispose of the goods, has the right to independently return it to the supplier or sell it (Article 514 of the Civil Code of the Russian Federation). The buyer's costs associated with storage, sale or return may be deducted from the proceeds or collected from the supplier.
How to draw up a report of non-conformity of the delivered goods
To reflect non-compliance with domestically produced goods, a unified form TORG-2 is provided, and for imported goods - TORG-3.
You will find forms and samples of these forms in the articles:
It is not prohibited to use independently developed document forms containing all the mandatory details of the primary document. In this case, the developed form must fully disclose all aspects of the non-conformity of the received product.
You can read about what mandatory details a document must contain in the article “Primary document: requirements for the form and the consequences of violating it.”
In TORG-2, in addition to the name of the organization, indicate the structural unit and its address - this can be a separate warehouse. The details of the contract and shipping documents are entered into the act. Shipper, manufacturer and supplier are indicated on separate lines
Particular attention is paid to the condition of containers and places: packaging, container, wagon, etc. Detailed notes should be made about their condition
Deviations in quantity (weight) and quality are indicated in the relevant sections of the act. The form describes in detail the nature of the identified discrepancy: underweight, shortage, surplus, defect, defect, etc. The act includes data only for the product for which discrepancies are identified.
In conclusion, the commission indicates the probable reason for the deviation and makes a decision, for example, to file a claim with the supplier, of which a record is made. The act is signed by members of the commission and a representative of the supplier.
If a discrepancy between the supplied goods of domestic origin and the accompanying documents is detected, it is necessary to draw up a report in the TORG-2 form. A specially created commission examines the condition of the containers and goods and enters data into the relevant sections of the document. The act will serve as the basis for the buyer’s demand for a replacement of the product or a refund.
Report on identified product defects
The formation of an act on identified product defects occurs when low-quality inventory items, equipment, instruments, and machinery are received from the supplier.
This is interesting: Duplicate work book: sample filling, design
The form has a fairly wide scope and can be used in a wide variety of areas of business. It is worth noting that the act is usually not an independent document, but refers to integral annexes to any agreement: purchase and sale, supply, etc.
Registration of a certificate of non-conformity of goods
OJSC "EcoTechnologies", hereinafter referred to as the "Contractor", represented by the director Olga Petrovna Budarina, acting on the basis of the Charter, on the one hand, and citizen Alexey Ivanovich Serov, passport series 7835 No. 453276 issued by the Federal Migration Service of Russia for the Krasnodar Territory in Sochi, hereinafter referred to as the “Customer”, on the other hand, have drawn up this act on the following.
The act cannot be an independent document and serves as an annex to the agreement concluded between the two parties. It is on the basis of the document drawn up that the buyer will be able to make a claim for a return or exchange of goods or services in the future.
The template may contain notes about problems found during the check. The persons responsible for eliminating violations, deadlines, and explanations regarding the shortcomings identified by the commission are also recorded.
In order to record the fact of delivery of non-conforming products, it is necessary to draw up a report. This document is the buyer's initial action to receive compensation. It confirms the identified violation and serves as the basis for all future actions.
Arbitration Procedural Code of the Russian Federation due to incomplete clarification of the circumstances relevant to the case, the inconsistency of the conclusions set out in the decision with the circumstances of the case, violation and incorrect application of the norms of procedural and substantive law, expressed in an incorrect interpretation of the law.
If the defect is detected before the end of the year in which the sale took place, adjust the amount of sales during the period when the substandard product was identified. In accounting, reflect such transactions as follows.
When accepting goods, it is important to record the actions on paper or using photos. Representatives of the supplier and customer and invited experts must be present during this process.
At what point should you draw up an act?
The condition for the proper quality of the goods is always specified in contracts drawn up between the supplier organization and the purchasing company. To fulfill this point, the product undergoes a multi-stage inspection.
But sometimes the manufacturer/supplier of products is unable to track the entire volume of goods produced or supplied. And then the registration of a report on the identified defects of the goods occurs directly upon acceptance and transfer from the manufacturer to the buyer.
The act can also be used within a company, for example, when goods arrive from a production workshop to the enterprise’s warehouse.
Drawing up an act
Business entities accept goods on commission. That is, to check the quality of the received product and identify its visible shortcomings, a special commission consisting of at least two people is created.
The composition of the commission is established by the relevant order of the head and is based on the skills and experience of the commission members, which would give them the opportunity to professionally evaluate the quality of the product. If necessary, an expert may be invited to participate in the work of the commission.
Individuals who are not engaged in commercial activities draw up acts either in the presence of a representative of a repair organization, or in the presence of a seller, or on the basis of an expert’s opinion.
There is no predefined deed form, which means you will either have to develop it yourself or use one of the thousands of templates that exist on the Internet.
For the convenience of our users, we have developed our own standard template for a report on identified deficiencies. It can be downloaded and used after appropriate customization.
Form meaning
A report on identified product defects is an absolutely necessary document when low quality of any product is discovered.
Based on the act, the recipient of the goods can subsequently write a claim to the manufacturer and receive compensation for losses incurred.
In addition, the act makes it possible to perform two accounting operations:
- The seller may receive a defective product back and write it off.
- The buyer must accept the delivered goods for accounting in the amount of quality inventory items.
Moreover, in the event that shortcomings are identified during the use of the product, on the basis of the act, it can also be written off from the organization’s register.
Creation of a commission, tasks
In order to record the fact of the presence of defects in the goods and draw up a report in accordance with all established standards, a special commission must be created in the company (by a separate order or order of the director). The commission should include at least two people.
The commission should include at least two people.
It should include employees of several unrelated departments of the enterprise who have sufficient professional training and qualifications to certify the shortage of goods.
The shortage of goods can be certified, for example, by an engineer, technologist, sales specialist, lawyer and accountant.
If there is a real need, an outside expert can be invited to participate in assessing the quality of the product.
It is advisable to allocate a chairman and ordinary members in the commission - the chairman will bear maximum responsibility for the content of the document.
Features of the formation of the act, general points
If you have been given the task of drawing up a report on identified defects in a product, and you do not have a clear understanding of exactly how to do it, read the information below and check out the example - using this example, you can create your own form without much difficulty.
Before we begin a detailed description of this specific act, we will give general information that applies to all such papers.
- Due to the fact that since 2013, uniform forms of primary documents for all have been abolished, acts can be made in any form. If the enterprise has its own document standard, it is better to draw up an act according to its type.
- Acts can be formed on a regular sheet of paper (preferably A4 format) or on letterhead (if such a requirement is established by the company management).
- The act is drawn up in two identical copies,
- the first of which is sent to the manufacturer/supplier of the goods,
- the second remains with the customer/buyer organization.
Both copies must be signed by responsible persons.
- It is necessary to stamp a document only if the condition for the use of stamp cliches is specified in the accounting policy of the company whose representative draws up the document.
- When drawing up the act, you should be very careful, carefully entering into it all the found shortcomings of the product, all the nuances. We must not forget that if the matter comes to trial in court, this particular document can become legally significant and acquire evidentiary force for each of the parties.
Sample report on identified product defects
The act is not particularly complex in terms of its structure and content.
At the beginning of the document, a few lines should be reserved for the resolution of the director of the enterprise. Then the act is assigned a number and the date of its preparation is set.
After this comes the main section. The first thing that fits here is:
Below is a table (can be formatted as a list) in which you should enter:
- basic identification characteristics of the product (its name, type, number, model, quantity, price (per unit and total), date of receipt, etc.);
- identified deficiencies.
Below the table you need to indicate:
- activities carried out by the commission in order to find defects: visual inspection, disassembly, examination, etc.;
- responsible persons;
- whether the product was under warranty service;
- what actions need to be taken with it in the future (repair, write off, return to the supplier, etc.).
Finally, the act must be signed by all members of the commission and, if necessary, stamped.
Sample of goods inspection report
Here we come to the main section of our article - an example.
Creating a product inspection report is not a particularly difficult task, but there are still some features in this document that are worth emphasizing. Our recommendations and the sample below will help you create the act you need without any problems.
At the very beginning of the document write:
- its name;
- place and date of its compilation.
After that, specify:
- composition of the commission (positions of employees, their full names);
- information about the persons present during the inspection: in this example, this is the buyer of the goods;
- the very fact of inspecting the product: provide its identification characteristics, indicate the date of purchase, and also enter information about warranty service (yes/no, if so, what period);
- found flaws and try to identify the culprit (if possible).
Finally, write down in the act the options for further actions regarding the product.
Certify the document with your signatures (with transcript). All persons present during the inspection of the goods must sign below.
Sample certificate of return of defective goods
An act of return of low-quality goods is a document that is drawn up by several persons and confirms the fact of the return of low-quality goods. If goods are supplied of inadequate quality, we are talking about a violation by the supplier of the contract concluded with the customer on the supply of a certain category, brand, type and level of quality of goods. Based on the inspection, which confirms the low quality of the product, a copy of the inspection report is sent to the supplier, a claim is made and a return certificate for the low-quality product is issued. In this case, the contract can be terminated judicially or voluntarily.
The act of returning a low-quality product, which is supported by examination data, is documentary evidence of the customer’s claims against the supplier.
The product can be returned due to low quality (non-compliance with the requirements specified in the supply contract) or by mutual agreement of the buyer and seller (in this case the product may be of high quality).
The act of returning low-quality goods to the supplier
Refunds are made if the goods provided are of poor quality or do not comply with the original delivery conditions. It is also possible to return high-quality goods that were not in demand for other reasons. In the second case, for the return operation to be successful, in addition to the buyer’s desire to return the purchase, the supplier’s consent is required. If the situation concerns a low-quality product, then it can be returned based on the results of an independent examination.
In order for the return to go as smoothly as possible and without any problems later, it is important to complete it correctly and fill out all the documents correctly. In particular, draw up an act of returning the goods to the supplier, which describes the procedure for transferring the goods by the buyer to the supplier.
Contents of the document
In order to correctly draw up an act of returning goods, you must fill it out in accordance with current legislative norms, and also be sure to enter the following information:
the date when the act was drawn up and the place where it was drawn up;
details of the supplier and buyer;
enter the name and, if any, number of the document, the terms of which must be fulfilled upon drawing up the paper;
describe in detail the procedure for returning the purchased batch or unit to the supplier’s warehouse;
specify the procedure for transferring funds paid by the customer back to the customer’s account, as well as indicate the amount and timing of possible compensation;
the act must be signed and sealed on both sides.
This type of document can be drawn up either in handwritten form or typed on a computer. The number of copies of the document is not limited, the main thing is that each party involved in the transaction receives its own form. You can optionally have the document notarized.
Both the heads of enterprises participating in the process and their authorized persons can draw up and certify the form. If the document is signed by a representative of the company, then his right to certify documents of this kind must be confirmed by an appropriate power of attorney. Before sealing the agreement with signatures and seals, you should once again check the correctness of the powers of attorney on both sides (if they exist), as well as their validity periods.
In addition, any other documents involved in the process of ordering, payment and return shipment of the goods for which the certificate is issued can be attached to the act.
How the act is drawn up
If we are talking about the acquisition and subsequent return of low-quality goods between an enterprise and its supplier, then this is a fairly common occurrence, and such a procedure, as a rule, does not raise questions or difficulties for the parties, and the sample to fill out has long been prepared. Often, a product is returned due to lack of demand, and not at all because it was defective. Regardless of the reason for refusing the purchase, it must be indicated in the accompanying documentation.
There are no generally accepted rules according to which the form is drawn up; the document is drawn up in any form. You can borrow a sample from the Internet, or write it yourself. To avoid misunderstandings between the parties, the finished text of the document is approved by each of them before signing. Often a blank form is attached to the product supply agreement in advance.
Regardless of the structure of the document and what the sample was from which the compiler was based, it must reflect the following points:
date of drawing up the act and its serial number;
details of the supplier and customer;
reference to the contract under which the delivery was made;
the reason for the return;
surnames and initials, as well as signatures of authorized persons.
The absence of a return certificate during the corresponding operation raises serious suspicions among the tax service. If the act has not been drawn up and signed, then the transaction is considered completed, the amount of payment for the return is perceived by the tax authorities as the revenue of the customer enterprise with all the ensuing payments to the budget upon receipt of income.
Sample certificate of return of defective goods
To:_________________________________ (name of the seller organization) Address:_________________________________ Consumer:___________________________ Address:_________________________________ ________________________________ Tel:____
Certificate of return (exchange) of goods of good quality
"_____"_____________________G. I purchased from your organization ________________________________
This fact is confirmed by: your mark in the technical passport, sales receipt, cash receipt (underline as necessary).
I purchased___________________________ of proper quality, but cannot be used by me for its intended purpose, because__________________________________________________________
In accordance with Art. 25 of the Law of the Russian Federation “On the Protection of Consumer Rights”, a consumer to whom a non-food product of proper quality has been sold has the right to exchange this product for a similar one from the seller from whom this product was purchased, if the specified product does not fit in shape, dimensions, style, color, size or configurations
An exchange is made if the specified product has not been used, its presentation, consumer properties, seals, factory labels, as well as sales or cash receipts, or other document confirming payment are preserved.
The absence of documents confirming the purchase does not deprive the consumer of the opportunity to refer to witness testimony.
The consumer has the right to exchange non-food products of good quality within 14 days, not counting the day of purchase.
"_____"___________20_____ I applied for an exchange of goods, but I was unable to find the goods of the required _________________________ (size, dimensions, style, shape, color, configuration).
If a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right, at his choice:
a) refuse to execute the sales contract and demand a refund of the amount paid for the goods;
b) exchange the product for a similar one when it first goes on sale.
The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product.
Based on the above, in accordance with Art. 25 of the above-mentioned Law, I ask: 1. ______________________________
I propose to resolve the dispute out of court.
Please provide your answer in writing no later than ______________________.
How to compose it correctly?
There can be many situations with low-quality purchases, so there is no single form of the Act, but there are certain rules:
- document style – business;
- all personal information about the client must be accurate and reliable, as well as about the seller;
- correctly formulate the subject of the transaction, i.e. the essence of the Act, what the parties agreed on - the replacement of a low-quality item with a new one;
- indicate the amount in both numbers and words.
You can take this sample as an example.
If there is a purchase and sale agreement, then you must indicate its details. All deficiencies must be indicated.
It should be borne in mind that if you purchase several items at once, one of which turns out to be of poor quality, you do not need to return all the items, but only replace them with a new one that was defective.
It is worth identifying the faulty item in as much detail as possible, indicating the brand, manufacturer, article number, and the same information about the product that will be issued instead of the defective one: in this case, there will be no questions about why the replacement was made for this particular item.
In the case where a low-quality item is a technically complex product, then a non-specialist will not be able to determine what exactly the fault is, and most importantly, for what reason it arose and who is to blame for this breakdown: an independent expert’s opinion is required.
Explore other articles on the topic of exchanging goods.
Claim for replacement of goods of inadequate quality - sample and requirements for registration. The procedure and terms for exchanging such goods. Letter and application for replacement.
Replacement of goods under warranty: terms and basic requirements. About the examination of defective goods here.
About the exchange of goods of good quality: the procedure and the buyer’s right to exchange within 14 days, without a receipt and without additional payment of funds.
As well as a list of goods that are not subject to exchange.
In paragraph 5 of Art.
18 of the RF PZPP stipulates the seller’s obligation to conduct an examination at his own expense and the client’s right to be present when checking the item of his purchase. If the buyer himself turns out to be the culprit of the problem, then all claims against the seller become groundless, and further dialogue is possible only when experts point out the manufacturer’s fault.
The results of the examination must be recorded in the Act.
It is also necessary to ensure that the date of drawing up the replacement act is indicated correctly, and that the seller enters not only his full name into the document, but also deciphers his position, and at the end puts a seal.
Additional documents
The following is usually attached to the certificate of replacement of low-quality goods:
- check, receipt;
- waybill;
- contract;
- a copy of the claim;
- a copy of the examination report.
Just like an agreement, such an Act is drawn up in 2 copies. - one for each side.
Sample form of a claim for the supply of low-quality goods (products)
(name of supplier organization, address,
(name of purchasing organization, address)
about the supply of low-quality goods (products)
"___" ____________ 20 ___ between ________________________________ and
___________________________________________ a supply contract was concluded
goods (products) N _____. In accordance with clause _____ of the agreement
_________________________________________ according to invoice N ____ from “____”
(name of supplier organization)
_______________ 20___ put ___________________________ to our address
(specify name, quantity, range
and other information about the product, products)
for a total amount of _____________ rub. According to clause _____ of the agreement
the cost of the goods (products) was pre-paid by the buyer
by transferring funds in the amount of _____________ rubles. on
current account ________________________________ N _______________ in the bank
(specify bank details)
The cargo arrived __________________________ at ___________________________
(indicate the type of transport) (indicate the condition of the container,
from _____________________________________________________________________ to
(indicate the condition of the seals of the sender, carrier)
___________________________________________________________ packaging. At
(indicate the type of container, the condition of the packaging of the goods, products)
upon acceptance of the cargo, it was established that the goods delivered by the seller
(products) do not meet the quality requirements defined by the parties
in clause _____ of the contract. This fact is confirmed by the goods acceptance certificate
(products) from "____" ________________ 20___ N ______, which
compiled with the participation of a representative of _____________________________________.
According to this acceptance certificate, all low-quality goods were identified
(indicate the name, quantity of goods (products), not
meeting quality requirements)
which is not possible to use for its intended purpose.
Thus, _______________________________ is violated clause _____ of the contract.
Therefore, ___________________________________ must replace
delivered goods (products)___________________________________________
indicate the name, quantity of goods (products),
does not meet quality requirements)
within ____ the period stipulated by the contract and compensate ____________________
(name of buyer's organization)
losses in the amount of ________________ rub.
Paragraph ___ of the contract defines ____ the period for consideration of the claim,
calculated from the day it is sent to the counterparty.
Based on the above and in accordance with Art. Art. 475, 518
Civil Code of the Russian Federation, clause ___ of the agreement, we ask you
voluntarily replace low-quality goods (products)
(indicate the name, quantity of goods (products) that do not comply
for quality goods (products) within ____ period according to the contract, as well as
compensate for losses in the amount of _______________________________________ rubles,
(amount in numbers and words)
by transferring the specified amount of money to the current account
_______________________ N __________ in the bank ___________________________.
(name of the purchasing organization) (specify bank details)
In case of complete or partial refusal to satisfy a claim in
within the specified period, our organization will be forced to file a claim in
We hope _______________________________________ in a timely manner
will replace low-quality goods (products), compensate for losses, and
We will continue to cooperate with your organization in the future.
"___" ______________ 20 __
1. Copy of the contract for the supply of goods (products) No. ___ dated “___” ____ 20__
2. A copy of the invoice for goods (products) N _____ dated “___”_________ 20__.
3. Copy of payment order for payment for goods (products) N __________
from "___" __________ 20__
4. Copy of the goods (products) acceptance certificate N _________ from “___” __________
Information for the document
Current legislation carefully regulates the procedure for concluding a supply agreement. The subject of such an agreement is various goods (including the manufacturer’s products). Legal relations related to the supply of goods received their legislative regulation in §3 of Chapter 30 of the Civil Code of the Russian Federation (Articles 506 - 524). This paragraph also contains certain rules that regulate the procedure for returning defective goods, i.e. goods that do not meet the requirements established by the contract.
Features of document preparation
What to do if a defective product was delivered
If the customer was supplied with defective and damaged goods, then first of all he must study the contract concluded with the supplier.
Important : the parties generally provide for a procedure for resolving disputes, as well as replacing defective goods in the contract. If such a procedure is not established, then the rules of Art. 518 Civil Code of the Russian Federation.
In practice, the customer mainly inspects the delivered goods and if they do not meet the requirements established by the contract, a corresponding act on the return of the defective goods is drawn up.
How to draw up a return statement
Many people are interested in the question of how to correctly draw up an act for the return of defective goods.
Important : it is recommended to form a commission, which consists of several persons, and check the delivered goods. It is advisable that the commission have at least 3 members.
It is advisable to document the formation of the commission and its powers (for example, make an appropriate decision, which will be signed by the head of the customer company).
Important : it is advisable that, together with the customer, the delivered goods are checked by a representative of the supplier. If the supplier's representative takes part in the inspection, he must also sign the return of the defective goods.
The act must be signed by all members of the commission after checking the delivered goods.
What to include in the return certificate
The text of the act on the return of defective goods must indicate the following information:
- supplier and customer data (name, address, etc.):
- information about the concluded contract;
- date and place of drawing up the act;
- information about the transport company that delivered the goods;
- description of the packaging condition of the goods;
- indication of the quantity of defective goods and its detailed description;
- detailed description of defects and possible causes;
- the amount of the defective product that is being returned.
After drawing up the act and signing it, the defective goods together with the act are returned to the supplier. If the customer has paid in advance for the delivered goods, then an invoice is drawn up along with the act, which must be paid by the supplier.
After receiving the act, the supplier must either replace the damaged goods or return the amount to the customer.
Important : it is advisable to also provide in the act a period for replacing the goods and returning part of the money paid.
If, after the expiration of the specified period, the supplier has not complied with the customer’s requirements, the latter may file a statement of claim in court to resolve the dispute in court.
Decor
There are several unified forms of the document.
If a deficiency is detected upon acceptance, a TORG-2 discrepancy report is drawn up; if a deficiency is identified after ingestion during use of the product - TORG-12; if the products came from abroad - TORG-3. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.
The document can be drawn up arbitrarily, but must contain the following information:
- Date and place of creation of the act on defective goods.
- Name of the supplier organization , full name of its director.
- Full buyer details.
- An accurate description of the returned product with a detailed list of components.
- Reason for return.
- Feedback from the expert commission (if any).
- Requirements for the supplier.
- Additional documentation confirming the presence of defects.
- Buyer's signature and seal.
Only the head of the organization or a person authorized to do so can sign the act. Otherwise, the document will be declared invalid. Or on the website. It's fast and free!
