How long does it take to examine goods of inadequate quality?

Based on the results of shipment of goods, completion of services, or completion of work under a government contract, the process of acceptance of work begins. Only after signing a bilateral act confirming the supplier’s full fulfillment of all obligations under the contract can one expect to receive full payment.

In addition, based on the results of the inspection of the work, there may be a need to carry out additional work as part of the correction of the facility at the expense of the contractor, problematic situations and suspicions of misuse of budget funds (more details at the link). All this delays the process of making a profit.

In this regard, the entrepreneur is interested in the work being accepted as quickly as possible and without additional costs. It is to resolve the listed controversial issues about the quality of goods/works/services that arise between the parties to a government contract that an examination is carried out. And our lawyer for tenders, procurement, in the scope of the Federal Law “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” dated 04/05/2013 N 44-FZ will become your assistant in this procedure. Cooperation with us is based on: a professional approach, on favorable terms and on time.

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When is expertise required?

If the product has any defect, the seller is obliged to warn the potential buyer about this, in accordance with Article 10 of the Law of the Russian Federation No. 2300-I of February 7, 1992.

Providing incomplete information about the defects of an item is grounds for returning it to the store.

Product quality examination is carried out in the following situations:

• if the store refuses to accept back an item of inadequate quality;
• if the seller insists that the defect was caused by the user;
• if there are other disagreements between the consumer and the store, transport company or manufacturing company.

According to Article 18 of Law of the Russian Federation No. 2300-I, if the buyer discovers any defect in the product during the warranty period, the examination must be carried out at the expense of the seller, the manufacturer of the product or the transport company responsible for delivering the item.

At the same time, repair work to correct identified deficiencies is carried out free of charge for the user if the defect arose through no fault of his own.

Legal examination of the contract under 44-FZ

In addition to checking the execution of the contract, the parties have the right, even at the stage of its conclusion, to check the contract itself for hidden risks, possible negative consequences for the parties, and so on. A preliminary legal examination of a government contract will allow the entrepreneur to clearly anticipate all sorts of potential controversial situations. This will provide the opportunity to prepare in advance for all risks under the contract, as well as to correctly begin the execution of the contract and the execution of this process in advance.

Considering the multimillion-dollar sums under government contracts and the established penalties for violating the terms of such an agreement, forecasting further developments obviously plays an important role in the work of the enterprise.

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How to order an examination?

Such checks of the performance and quality of the product are carried out by qualified specialists and organizations that have the appropriate license.

According to Article 173 of the Civil Code of the Russian Federation, the results of an examination conducted by a company that does not have permission to provide this type of service may be declared invalid by the court.

Initially, you need to contact the seller with a written statement. In the text, it is important to indicate the requirement to correct the defects of the item, replace the item with another one of appropriate quality, or return the money spent on the purchase.

Usually the seller himself offers to conduct an examination in order to identify the causes of defects, but the applicant also has the right to make a similar offer.

To order an independent inspection, you must:

• enter into a written agreement with the relevant organization;
• provide the expert with documents on the faulty product and the object of inspection itself.

By law, the payment of costs falls on the shoulders of the seller, manufacturer or transport company. If an organization refuses to accept a product of inadequate quality, the consumer himself may initiate the examination.

If the results of an inspection are received confirming the formation of a marriage through no fault of the user, the citizen has the right to go to court and recover from the defendant the cost of the costs incurred by him.

Did the store agree to accept the item for examination? Packaging and sealing of the faulty item and all accompanying papers must be carried out in your presence. In addition, the seller is obliged to fill out a certificate of acceptance of goods and/or a certificate of defects of the item inspected.

In what cases is a traffic accident examination necessary?

The outcome of the accident investigation procedure is the identification of the culprit. The process is difficult if neither party wants to take the blame.

Further compensation for damage by the guilty party and proof of damage to the victims determines the existence of a controversial relationship.

Law enforcement practice shows that the result of identifying the person at fault during the investigation of the circumstances of the accident is not always objective. To determine them, you need special knowledge. This necessitates the need for expert assistance.

1. The guilt of the driver who committed the accident is established by the investigator or inquiry officer. Only an expert determines and reliably establishes the circumstances of the case and calculates the amount of damage.
2. An independent examination of road accidents helps traffic police officers in determining who is at fault, establishing the facts to resolve the case and clarify the causes of the accident. They mitigate or aggravate the driver’s guilt and help in identifying other persons involved in the road accident. Their guilt is not always obvious (for example, the road service).

Carrying out an independent examination after an accident is accompanied by a study of all the circumstances that serve as the legal basis for making a decision by a court or investigative body. The information provided is verified for authenticity. Other necessary actions are carried out by the investigative authorities or the court that ordered the forensic examination.

With its help, issues such as determining the amount of damage caused to a vehicle as a result of an accident are resolved. Before a full inspection, the faulty vehicle is inspected and the extent of damage caused is analyzed.

As a result of the examination, the complexity of auto repair and technical work to restore the vehicle and their cost are determined.

What are the deadlines for conducting an examination of low-quality goods?

The period of time allocated to the expert to check the functionality of the product and its compliance with the norms and requirements of the legislation of the Russian Federation directly depends on the type of item to be inspected and the requirements set forth by the buyer in a written complaint to the seller.

Thus, the terms for carrying out the examination of goods, according to Law No. 2300-I, are:

• 10 days if the user demands a refund for a defective item;
• 20 days, if the consumer wishes to exchange the product for another of appropriate quality;
• 45 days if we are talking about correcting defects of an item.

The legislation of the Russian Federation provides for a list of goods that cannot be returned to the seller or manufacturer.

We are talking about various medicines, household chemicals, furniture, transport, cosmetics and many other things. You can view the full list using Decree of the Government of the Russian Federation No. 55 of January 19, 1998.

It is worth noting that items from this list are returned to the store if they are found to have a flaw that was not the fault of the consumer. If the examination proves that the defect was caused by the buyer’s failure to comply with the operating rules, all costs for checking and transporting the object of inspection will fall on the user’s shoulders.

Production of forensic examination

When additional investigation is requested by a party to the case, a motion must be filed. It should indicate the purpose of the study and the circumstances confirming or refuting the information obtained during the study. The specialist needs to clearly pose the questions of interest. They, their nature and quantity also influence the period of forensic examination.

Much depends on the correctness of the wording. Therefore, questions should be designed in such a way that they do not have false or ambiguous interpretations, and are clearly written. The study does not aim to resolve legal issues, so the expert’s competence does not include answering them.

Time limits for examination of a product that is technically complex

Technically complex things include devices that have a well-thought-out internal design. Their complete list is recorded in Decree of the Government of the Russian Federation No. 924 of November 10, 2011. It is extremely difficult to determine the presence of defects in such a product visually or when checking in a store, since the defects are usually hidden.

You can return such a device to the store if the item is found to have significant defects. The terms for carrying out the examination of goods of inadequate quality are equal to those described above.

For an item to be accepted by an organization, all of the following conditions must be met:

• the product is still under warranty (if less than 15 days have passed since the date of purchase, returning an item of inadequate quality will not be difficult);
• the item has significant flaws.

Did the product break down more than once, and the total repair time was more than 30 days per year? Such an item can also be returned to the store in exchange for issuing a new one or providing the purchase price.

What can be the object of construction expertise?

The subjects of the examination are:

• the party ordering the examination (most often the developer, the owner of a capital structure and other legal entities responsible for construction);
• the party conducting the examination (a special expert organization authorized to conduct a construction examination, which involves several experts);
• consumer (legal entity providing the development project).

The objects of examination are:

• capital buildings that have not been put into operation and are still at the stage of active or frozen construction;
• building construction;
• repair work carried out;
• the result of an examination carried out previously;
• documents relating to the procedure for performing work, their payment, and others;
• one or more construction projects on a specific site.

Considering that the construction market in Russia today is ambiguous, it contains both modern objects and those that are more than a hundred years old, the issue of conducting a construction examination arises very often. Even owners of apartments in Khrushchev buildings are not immune from it. There are situations when the owners of such living space order repairs from a seemingly professional company, but the consequences can cause damage to their neighbors.

In this case, the issue can only be resolved in court and with an analysis of the object. There may also be cases of damage to buildings after natural disasters. Therefore, forensic construction expertise makes it possible to resolve controversial issues not only during the construction of new facilities, but also with existing buildings and structures. At the same time, different research and analysis methods are used for each individual case.

The object of construction expertise can be:

• Construction in progress;
• building structures, materials and products;
• repair and construction and construction and installation work;
• results of other construction examinations;
• acts on technical causes of accidents and accidents;
• documents confirming payment for work performed;
• journals of technical and architectural supervision;
• technical specifications;
• act on the allocation of land for construction;
• contracts for the supply of technical equipment and materials;
• construction projects;
• complexes of construction projects.

As part of construction expertise, specialists are guided by the following documents:

• SNiP (building codes and regulations);
• Federal Law No. 123-FZ “Technical Regulations on Fire Safety Requirements”.
• Federal Law No. 184-FZ “On Technical Regulation”.

has all the equipment necessary to conduct various types of construction examinations. Our experts have the necessary qualifications to conduct research of this kind.

The objects of the planned inspection may include:

• materials and products made from them;
• buildings and their individual parts;
• construction and installation works;
• territories where construction projects are located;
• conclusions of previous inspections;
• equipment and materials used in construction;
• technical documentation and various acts drawn up when determining the causes of a particular accident;
• new buildings and unfinished construction.

Thus, construction and technical expertise may be needed to determine damage caused by fire, earthquake, flood, to inspect the premises before concluding a purchase and sale agreement, to submit it to court in order to resolve a conflict situation, etc.

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Food products must be returned to the store if they are of inadequate quality. According to Russian legislation, high-quality goods will not be accepted by the seller.

Based on Article 503 of the Civil Code of the Russian Federation, even if the buyer managed to partially use the product, the store is obliged to return the money spent on the purchase in full.

The seller refused to exchange low-quality products or return their cost? If you are convinced of the low quality of the product, contact the Rospotrebnadzor technical department with it and a receipt confirming the fact of purchase.

Employees of the authority will check the goods free of charge as soon as possible and bring the violator to justice.

Classification

There are the following types of forensic examinations:

1. Primary and additional. Primary examination is carried out when the object of research is studied for the first time. It is often prescribed if special knowledge is required in a certain area of ​​life. To order this type of examination, evidence may be required, which is contained in the case materials. After inspecting the object, a conclusion is made. In those situations in which the study did not provide accuracy, clarity and completeness of answers about the object under study, an additional examination is prescribed. The implementation of the SME can be entrusted to the specialist who conducted the primary research, as well as to another expert.
2. Repeated. It is appointed when all the necessary information has not been received. Such research is always carried out by another expert.
3. Commission. In certain cases, the FE may be carried out by a commission group.
4. Complex. Such an examination is prescribed when the results of previous studies contradict each other. In this case, specialists need to familiarize themselves with the information specified in previous reports.

The examination is carried out by one expert in such cases as determining the inviolability of sexual freedom, the degree of injuries received on the body.

The composition of a single examination includes:

• full inspection and examination of the object;
• rendering a conclusion.

If the situation requires knowledge in different areas, then the court, by issuing a ruling, orders a comprehensive examination. The commission of specialists must give true answers to the questions posed in the court document. With such an examination, various possible research methods can be used.

The procedure for receiving and registering examination materials

The head of the GSEU or a specialist who exercises these powers accepts and registers research materials. Information about materials that have been received must be recorded in the incoming correspondence journal.

Russian legislation in the field of healthcare defines the following general list of objects of examination:

• People;
• case materials (arbitration, civil, criminal);
• corpses;
• medical documents;
• samples for comparative study;
• documents on violations of administrative legislation;
• evidence.

All materials and objects must contain information necessary during the investigation.
Transferred items, documents, materials must be packaged and sealed. Explanatory inscriptions are indicated on them. Only an expert specialist appointed by the head of the GSEU is authorized to open the packaging upon order. The manager can accept and unpack if the order for the study was also packed there. In addition to the research materials, similar samples for comparison may be attached. This may be the responsibility of the expert. If the expert provides the examination with comparative samples, then he needs to indicate this in the conclusion.

Conditions for carrying out the SME

Rules for conducting a forensic medical examination:

1. Specially equipped premises (medical institutions, courts, Ministry of Internal Affairs).
2. Relevant education of the expert.

It does not matter where the specialist holds his position, in government agencies or in a private structure. For failure to fulfill professional duties or conclusions drawn up in an improper manner, a specialist can be held accountable under an article of the Criminal Code of the Russian Federation and a clause of the regulations.