Often, the consumer is faced with situations where the product delivered to him does not correspond to what he ordered. This can be a variety of parameters - the number of elements, lack of accessories for assembly, color, size, design, and so on. Experience knows many cases when the non-conformity of a product is expressed in its inappropriate properties.

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.

Actions upon detection of product discrepancies in quantity or quality

A discrepancy in the quantity of products, as a rule, is detected upon receipt. Delivery of the product imposes an obligation on the company to ensure compliance with the terms of the contract. That is, the buyer must receive the products he ordered.

If a discrepancy in quantity or properties is detected, there is a certain algorithm for the buyer’s actions:

• You should contact the store and report the discovery of this fact. Perhaps an error occurred due to the fault of warehouse workers and the delivery was carried out incorrectly. As a rule, the seller voluntarily eliminates supply deficiencies and the consumer receives the products he needs;
• If the seller evades the proper fulfillment of obligations under the contract, a written claim should be drawn up and sent. In this case, the document must refer to the contract and certification of the fact of improper execution of this contract;
• 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.

At the same time, to draw up a report of non-compliance or draw up a claim, it is not necessary to involve specialists. However, the act must be prepared in the presence of witnesses who can subsequently verify the fact of incorrect delivery and incorrect quantity or properties of the product.

Law on the protection of consumer rights in case of non-conformity of product quality

The law is designed to protect the rights of buyers. However, this cannot serve as a basis for unfounded claims against the store. Otherwise, it may be regarded as an abuse of your right. Consequently, the buyer is obliged to comply with the established dispute resolution procedure and collect necessary documents. These should be indicated as follows:

• Agreement. This is the main document on the basis of which the delivery was made. It is with the contract that the delivered products will be compared and non-compliance will be identified;
• An act that is drawn up in the presence of witnesses;
• If the dispute continues, you need to file a claim and notify the store.

If the pre-trial procedure does not give the desired results, you should contact the judicial authorities to protect your rights.

How is the non-compliance of the goods with the declared quality reflected in the supply contract?

If non-compliance with the quantity or quality of products is detected, the above actions must be followed. However, the supply agreement may initially contain provisions to resolve such situations. For this purpose, the supply agreement provides for a separate section devoted to the contractor’s liability in case of inadequate product quality. The contents of this section are agreed upon by the parties. It may include the time frame within which the supplier undertakes to correct the situation, and the procedure for establishing the fact of poor quality of the product. There you can also indicate certain standards that are accepted by both parties as a basis.

How to draw up a report on non-conformity of quality goods?

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 have received their legislative regulation in (articles -). 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: Basically, the parties provide for the procedure for resolving disputes, as well as replacing defective goods in the contract. If such an order is not established, then the rules apply.

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.

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 a supplier's representative takes part in the inspection, he must also sign a document confirming 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 reasons from emergence;
• 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 fulfilled the customer’s requirements, the latter may present statement of claim to court to resolve the dispute in court.

Completed sample document

ACT No._________dated “_____”____20___
about the return of defective goods

1. Name of organization ________________________________________________________________________________

2. Full name of the authorized person _____________________________________________________________________

3. Supplier’s delivery note and invoice number _____________________________________________________

4. Transport company __________________________________________________________ according to transport invoices No. ____________________________________________________________

5. Condition of containers and packaging of products ____________________________________________________________

6. Number of places received _____________________________________________________________________

7. Detailed description defective goods:

	Product name	Description (detailed description of the product, description of the defect, etc.)	Invoice No.

Total amount, rub. (in words) _____________________________________________________________________ including VAT, rub. (in words) ___________________________________________________________________

Conclusion of the commission on the nature of the identified defects in the product (goods) and the reason for their occurrence_________________________________________________________________________________________

The defective product is sent along with a defect report and an invoice for the amount of the defect to the supplier for review. The act is drawn up by a commission consisting of representatives of the supplier and buyer. Members of the commission are responsible for signing an act containing data that does not correspond to reality.

Position_______________________signature_________________________Full name____________________