The court may deny returning money for goods, if the customer has violated the acceptance procedure

The customer demanded to return money for the delivered goods, claiming the goods were of poor quality. The court did not satisfy that demand, explaining that the customer did not comply with the agreed acceptance terms by failing to provide evidence of inadequate quality of the goods. SACRF and other courts also came to similar conclusions.

Document: Decision of the Urals District Court of Arbitration on case No. А50-21822/2015 dated 17 August 2016

The goods acceptance condition is a complex array of rights and liabilities of the parties, related to goods acceptance, inspection and check for compliance with the terms and conditions of the contract.
Most of lawsuits regarding the contract are associated with goods acceptance. The agreed version of the acceptance procedure is critically important both for the supplier and the customer. The reason is, when considering the customer’s stated claims associated with the supplier’s failure to meet the terms and conditions of the contract concerning quantity, quality, range, set and completeness of goods or concerning containers and packages, the court will necessarily establish whether the goods were accepted properly and whether it was possible to detect shortcomings of the goods within the acceptance period.

The procedure includes:

– customer’s actions necessary to accept and unload goods (cl. 2, Art. 484 and cl. 1, Art. 513 of CCRF);
– inspection and check of goods for compliance with the terms and conditions of the contract concerning quantity, quality, range and other characteristics (cl. 2, Art. 513 of CCRF);
– lodging claims to the supplier regarding noncompliance of goods with the terms and conditions of the contract (cl. 1 and 2, Art. 483 of CCRF);

Specific procedures, deadlines, acceptance document drawing up procedure and other issues are left to the discretion of the parties. Therefore, in order to finalise the acceptance procedure, the parties must identify the methods and procedures they will apply.