Certificate of return of goods to the supplier: form, sample, filling rules

Certificate of return of goods to the supplier

The content of the article

A certificate of return of goods can be issued in connection with a variety of circumstances. Most often, these are manufacturing defects and low quality of incoming inventory items, various defects and damage, counterfeiting, mis-grading, violations of delivery deadlines and other violations of the original terms of the contract. A return is also possible if the product does not comply with its previously stated technical characteristics, including completeness, as well as if it is revealed that the containers and packaging have been opened or damaged.

What will be the legal consequences of the paper

A low-quality product can be returned to the supplier for different purposes. Either it is assumed that the supplier will replace it with a quality one, or will repair it and reduce the price. Well, as a last resort, a buyer dissatisfied with the quality simply exchanges the low-quality product for the money that was paid.

If the issue is resolved through the court, then you need to prepare for the fact that the court's decision may be unexpected. For example, he may rule that the money cannot be credited back to the account for some good reason and he may suffer losses for which there will be no recovery.

Returning goods to the supplier: documenting the return certificate

A report on the identified discrepancy is always drawn up in the presence of representatives of the supplier or its transport company. Form - TORG-2. The document confirms that the product is illiquid and can serve as a valid basis for filing a claim. This is a rather complex form with a large number of fields, however, if the relationship with the supplier is not yet working out, it is better to fill out all the fields carefully, and not draw up a document in a free form, as many do, simply indicating the details from the documentation through which the goods are processed (this is a contract deliveries and, of course, invoice TORG-12). This can also be done, but there remains a risk factor that this return of goods to the supplier will not go very smoothly. A sample letter for it is also in the illustrations for our article.

We process the return of low-quality goods

Information about the purchasing organization. Provide the full name and registration data, such as: TIN, checkpoint, actual and legal address.
Indicate the date the complaint was made in DD format. MM. YYYY.
A document base. Determine the details of the document (agreement, contract or agreement) on the basis of which the product was delivered.
Characteristics of low-quality goods. Describe in detail all the shortcomings and deviations identified during acceptance of the delivered products. Indicate the details of the discrepancy report drawn up in the TORG-2 form.
State the requirements. Describe what requirements you place on the seller. This may include replacement of products, return of funds transferred as an advance payment, and other conditions.
Indicate the rule of law. This paragraph is not mandatory, but it is advisable to indicate the points of the current legislation on the basis of which the claim is being drawn up.
Signatures of responsible persons, for example, the manager and chief accountant of the purchasing organization. Signatures must be certified by the institution's seal, if available.

Returning goods: let's get to the bottom of it

The supply of products or goods is carried out on the basis of an agreement or contract. These documents reflect the key delivery terms and requirements. If the supplier violates the agreement, then, according to the provisions of the Civil Code of the Russian Federation, the buyer has the right to refuse the purchase.

The acquirer requires under Art. 475 Civil Code:

price reduction;
replacement of low-quality products;
free elimination of defects;
additional packaging and shipment;
or other things.

In most cases, you will have to return products that have already been shipped. To do this, draw up a return invoice to the supplier, a letter of claim and a statement of discrepancy.

IMPORTANT!

If the buyer refuses a product that does not comply with the terms of the supply agreement, he is still obliged to ensure the safety of the supplied goods and materials until return. The requirement is enshrined in Part 1 of Art. 511 of the Civil Code of the Russian Federation.

Certificate of delivery of goods of inadequate quality

In particular, in the event of a discrepancy between the actual availability of goods or deviations in quality established in the contract, or the data specified in the accompanying documents, an act must be drawn up (OKUD code 0903001), which is the legal basis for making claims to the supplier. A note about activation should be made in the accompanying document. The act is drawn up by a commission, which should include financially responsible persons of the trade organization, a representative of the supplier (it is possible to draw up the act unilaterally with the consent of the supplier or its absence).

Contents of the act

The structure of the act, despite the lack of legislative regulation, requires the inclusion of some mandatory structural elements in the text, namely:

Title of the document;
registration number (for business entities;
date and place of drawing up the act;
composition of the commission indicating the positions of its members. Individuals indicate their own full name, as well as the full name and place of work of other persons involved in drawing up the act;
information about the grounds for drawing up the act. For example, “The commission was created on the basis of an order from the director of Light and Darkness LLC in order to verify the conformity of the quality of the product...”;
information about the main contract under which the goods, objects or services were received, indicating the date of receipt of the goods;
information about goods (objects, services) indicating identification features and characteristics - name, type, model, price, number of units, etc.;
warranty period or shelf life of a product (object, service);
information about identified deficiencies with their detailed description. If there is a large volume of product names, it is recommended to use tables;
method for identifying deficiencies - superficial inspection, performance check, start of operation, expert inspection, test test;
expert opinion, if he was involved in inspection and verification;
information about the technical means used during the inspection - testers, stands, other devices intended for testing;
recommendations of the commission based on the results of the report - write off, return to the supplier, return to the manufacturer, send for warranty repair, etc.;
signatures of the commission members.

Acts drawn up at enterprises and organizations must be signed by the head. The visa is affixed in the upper right corner of the first sheet of the act.

An act is drawn up in two copies, one of which remains at the enterprise that issued the act, and the second is sent to the counterparty.

Certificate of return of low-quality goods to the supplier sample

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. In the relationship between an enterprise and a supplier, the return shipment of products is an ordinary event. The product can be returned not only due to defects or violation of agreements on the part of the seller. The terms of delivery may contain a clause regarding the acceptance by the supplier of unclaimed products.

For example, seasonal goods often remain unsold at retail, and the wholesaler agrees to take them back. In any case, indicating the reason for the return is a mandatory item when preparing the accompanying documentation. 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. 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. If my claim is rejected, I will be forced to (a) go to court to protect my consumer rights and, in addition to the above, I will demand payment of interest for the unlawful withholding of funds in the amount of these funds, compensation for losses caused to me and moral damages. (Basis: Article 395 of the Civil Code of the Russian Federation, Art. Art.

13-15 of the Law of the Russian Federation “On the Protection of Consumer Rights”). If the court satisfies the consumer's requirements established by law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) for failure to voluntarily satisfy the consumer's requirements a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer. Then an act of returning the goods is drawn up, in which the specific reasons for the decision to return are indicated. If the reason is defective, then an act on the identification of defectiveness is also attached to the act of returning the goods. Authorized persons prepare documentation for the return of goods.

The act is drawn up in as many copies as is necessary for reporting, and all copies are certified by the signatures of the buyer, seller and controlling third parties.

What is its role, at what stage is it written?

The role of this document is easy to underestimate. It is important both for the organizations it concerns and for tax services, which monitor the trade sector of the economy quite closely. We must never forget that if it turns out that there was no act of returning goods of inadequate quality according to the sample, the money was moving somehow strangely, and the purchasing party does not have the goods, they will immediately become actively interested in what is happening. It also confirms the fact that the shipment came with a defect.

The document is most often written directly upon receipt of the goods, in the presence of both the buyer and the seller. At this time, the goods are inspected for damage or defects, and if they are found, a paper is immediately drawn up. It happens that it is compiled later, if the product has already gone on sale, and then for use. And the shortcomings became clear only then. In this case, the product should still be under warranty.

Certificate of return of goods to the supplier: sample

the act of returning the money to the buyer is issued 10 days after the discovery of the defect. Compensation is paid for damage of a material and moral nature;
Products cannot be returned after the warranty period has expired. The contract must specify the expiration date of the warranty. It may coincide with the start of use of the product or its actual transfer;
If a defect is subsequently discovered, a claim is made, but not earlier than after 2 years.

We, the undersigned, ________________________________________________________________ (position, full name), acting on behalf of the Buyer on the basis of power of attorney No. _________________ dated "___ _____________ 201_, and ___________________________________________________________ (position, full name), acting on behalf of the Supplier on the basis of the power of attorney No. _________ dated "___ __________________ 201_, we have drawn up this act on the return of goods delivered under supply agreement No. _______ dated "___ _______________ 201_ as follows: The act of return of goods is a document that is drawn up by several persons and confirms the fact of return goods. It is possible to return it to the seller if he violates the delivery contract, is of inadequate quality, or if he clearly misled the buyer. The second return option is by prior agreement or mutual agreement. For example, goods with a pronounced seasonality can be purchased by a store with the condition that the full volume of unsold products can be returned.

Very often, various controversial situations and conflicts arise between representatives of retail outlets and ordinary customers for various reasons, and to ensure that this happens as rarely as possible, a special legislative document was developed at one time that regulates the relationship between both parties to eliminate controversial situations. This law gives both buyers and sellers certain rights and obligations, and in addition is mandatory for both parties. When returning goods, you must take into account Decree of the Government of the Russian Federation dated January 19, 1998 N 55 “On approval of the Rules for the sale of certain types, a list of durable goods that are not subject to the buyer’s requirement to provide him with a similar one free of charge for the period of repair or replacement, and a list of non-food products of adequate quality , which cannot be returned or exchanged for a similar one of a different size, shape, size, style, color or configuration.”

An act of returning the goods to the supplier is drawn up in the event of a delay in delivery, manufacturing defects, incompleteness of products, violation of the integrity of the packaging, non-compliance with the declared quality, a smaller number of units of products, as well as delivery of goods with an expired expiration date. All items that need to be returned are listed in the form of a list. Mostly seasonal or specific goods are sent to the seller - New Year's paraphernalia, toys, accessories, clothes. Certificate of return of low-quality goods to the supplier sample