Returning goods of good quality between legal entities is an interesting question, since the buyer in any status mainly cares: how to get rid of materials and products that are far from the standards promised by advertising? To tie the turnover of large companies or small organizations to legislative standards, first of all, it is not necessary to attribute acts protecting consumer rights here. They are designed for other purposes. The sale of products created for sale and brought to different conditions, as well as the return of goods between legal entities, is represented by articles from the Civil Code of the Russian Federation.
The legislative relation to commodity circulation between physical. and jur. persons
Legislators have tried to protect consumers from the purchase of low-quality goods by law No. 2300-1, he repeatedly went through the editorial office. New provisions with amendments are expected from January 1, 2019. In this publication, everything is devoted to 2 parties: the consumer of marketable products and those who provide it. There is not a word about the return of goods of good quality between legal entities.
The act is dedicated to the following counterparties:
- Ordinary citizens as buyers. They order or purchase items, use the work, services for home, personal use, not related to industrial production.
- Manufacturers are organizations that are different in legal forms that produce various kinds of materials for sale to the public.
- Performers - belong to enterprises operating on the basis of onerous contracts for the provision of services to residents.
- To sellers - ordinary sellers, they sell goods to residents.
The whole chain of connections consists of ordinary people and legal entities that have created their own business to meet the needs of citizens.
The legislative act emphasizes that the consumer is a simple person who needed items for domestic needs and this has nothing to do with entrepreneurship. But public relations are multifaceted, many manufacturers (in the context of constant innovations in our legislation) are interested in: how to correctly return goods of good quality between legal entities without breaking the law.
Main document for implementers
If an ordinary citizen comes to the store and buys a thing, the relationship between the seller and the consumer is confirmed by a sales receipt.
All actions for the sale of products between organizations occur on the basis of documents issued in the form of documents. The drafting of the agreement should be carried out in accordance with legislative standards, the conditions for the transfer of elements are prescribed there, they are followed by the parties to the contract.
They put their signatures, which means complete agreement with the ongoing purchase and sale. And if there is no clause on the return of goods of good quality between legal entities, it is almost impossible to fulfill, do not forget that there are exceptions to each rule.
What is the meaning of a written agreement in a transaction?
If enterprises operate without a written commitment, they are still governed by the rules of the Civil Code. Contracts are concluded by citizens and entrepreneurs, they have different legal status, but there is an interesting distinguishing feature. In this case, the products are not bought for monetary gain, they are purchased for personal use, therefore, these actions are under the control of the ZoZPP - the law protecting the consumer rights of the population.
Resellers should not be included in this category - it seems they also work with citizens who buy products for their needs. In this case, claims are accepted only from the acquirers, and the outlet is responsible to them.
Relations are interrelated: if a company supplies household items to another organization, and that one will distribute them among the population, they should be prepared to bear responsibility to them according to the norms of the ZoZPP.
Commercial activity and its features
Over time, businessmen somehow faded into the background, they began to be called businessmen more, but the essence of the matter does not change. As a result, the return of goods between legal entities, individual entrepreneurs, entities of a different format is carried out on the basis of concluded agreements.
In the absence of important points in the document confirming the holding of certain events, but provoking a dispute, you should refer to the Civil Code, the norms of the Russian Federation indicated in the legislative guide. Articles 27, 28, 29, 30 of the Civil Code of the Russian Federation include the procedure for various actions in the preparation of contracts, without which it is impossible to carry out economic relations.
The rules include everything related to the trade and monetary agreement:
- compilation;
- conclusion;
- compliance with the conditions;
- gap agreements.
It should be borne in mind when returning goods between legal entities, article 459 of the Civil Code of the Russian Federation states that this condition should be spelled out in the contract. A thing becomes the property of the buyer at the time of its receipt.
What rules should be followed?
There is a restrictive legislative framework in any transaction. Entrepreneurs always need to act in compliance with the law. The regulations admit that in the agreement itself at the conclusion of the relationship there may be no condition describing the procedure for returning goods between legal entities.
In this case, create a separate document with detailed instructions. When it is not at all, the enterprise management has every right to act at its discretion: accept the returned materials or refuse the partner. The companion, in turn, may appeal such a decision, demand satisfaction of his interests in the Arbitration Court.
Standard order
Passing back the purchase, where there are perfectly normal devices, to their manufacturer, with whom periodically trade transactions are conducted, it is necessary to correctly explain: on what basis is the return made.
In order not to lose respect in the business world, actions are performed according to the rules:
- do not allow the transfer of materials after the expiration date;
- accompany the reasons for the return with documentary evidence;
- represent the grounds are real, not fictitious.
All conditions are included in the contract, none of which clauses contradicts the law.
What to do if a defect is detected during acceptance?
With poor-quality goods, the situation is simpler. Here, the rules for the return of goods between legal entities are regulated by article 457 of the Civil Code of the Russian Federation. Again, with a reservation on the contract of sale - are there any other conditions there?
The acquiring company may require:
- lower wholesale price;
- remove flaws;
- replace with other serviceable parts;
- independently carry out repairs and set a claim for payment of work.
Settlement agreement
It is good when, between the leaders, in addition to written agreements, there is also an oral agreement. On each side, a production incident may occur. They bought high-quality goods, and demand was at the level, but then the sale did not go, and the operation by the expiration date ends.
In normal relations for the return of quality goods between legal entities, the partners conclude a new agreement, and the manufacturer takes the products. Of course, such actions are possible with the full consent of the parties to the transaction, if such manipulations are not unprofitable for the supplier.
What reason sounds convincing?
The contract - that’s what is, first of all, to be referred to. The document is re-examined in detail to detect a subtle point in the paper.
If the return of goods between jur. persons of proper quality is not possible, you can find a way that does not contradict the provisions in the law:
- write a complaint to the manufacturer or contractor that during the reception a technical discrepancy was detected in the devices or a manufacturing defect was discovered;
- a link to clauses in the contract that allow returning the product is suitable;
- the transferred details belong to the commission - there transactions are subject to individual contracts and conditions.
When there really are defects, and not just a trick to get rid of products that suddenly become unnecessary, the procedure will not cause any particular difficulties.
The recipient requires from the supplier:
- terminate the trade agreement;
- Replace defective parts with serviceable ones.
All these items should be included in the contractual relationship, then there will be no problems in recovering expenses. But it will be necessary to prove the validity of these facts by expert conclusions.
What grounds give the right to refuse products?
Long work in one production area does not allow long conflicts and litigation, all issues are resolved, managers agree, successful economic relations are based on this. If unsuitable products are delivered to their destination, the fact must be formalized and reflect the deficiencies in the act.
In case of accumulated doubts between the parties regarding the suitability of the goods, they turn to the court to solve the problem. Return of quality goods between legal entities requires an explanation of the reasons.
The grounds documented:
- claims in which items with violations of contractual terms are listed;
- commodity accounts;
- acts, they indicate the absence of the required number of items or delivery of inferior quality, which is provided for by the contract;
- a return invoice, it is written out, based on the act of the unified form of TORG-12, from the document take data on the value of items, incoming transactions and basic details.
Correspondence, receipt and expenditure of various operations requires the storage of information on electronic or paper media.
Why strict accounting of each paper?
Such accounting documentation allows for the timely return of goods between legal entities, it is equal to one month. Again, it is necessary to return to the contractual terms, if a different time period is indicated there, from this it follows: you can refuse the purchased materials only by focusing on the entries in the agreement.
Do not forget that accountants need payments to fix the movement of material assets in the books. Each document constitutes evidence in case of unforeseen situations.
What recommendations do businessmen give to novice figures?
Today, everything is fine between managers and they can easily return goods between legal entities without a contract. Entrepreneurs can dispose of their own means as they want, except for actions that violate the law, which includes the most serious misconduct - the concealment of income from tax services.
But tomorrow everything can turn back, so you must necessarily conclude detailed agreements, even if the partner is a close relative.
It is also necessary for fiscal authorities to have the image of an honest business man carrying out clean transactions. Any action of a financial nature should leave a mark. If it is already decided to return the materials, it will be worthy to justify the reason to your partner so that this trace does not concern and does not spoil further relations with other counterparties.
List action
The lawmakers on the return of goods of good quality did not create a list separate for entrepreneurs. Rather, it, of course, exists for ordinary buyers, legal entities adhere to the same list. The list includes products that cannot be returned on the basis of Government Decision No. 55, created in 1998 and edited on May 30, 2018:
- medicines
- furniture sets;
- household chemicals;
- civilian weapons with ammunition;
- means of transport;
- jewelry with precious metals from precious metals;
- complex household technical devices.
From all we can conclude: if the company no longer needs things that arrived on time without violating the conditions specified by the contract, it cannot refuse them even through the court. The legal authority will require reasonable reasons. Failing to find documented evidence, the judge will not satisfy the claim. Businessmen advise entrepreneurs: make rational purchases and learn how to negotiate with their counterparties without returns. In industrial relations, there is a long-standing type of transaction - barter exchange. You can make such an offer, with which the supplier will necessarily agree.