Examination of low-quality goods is represented by a special event, the main purpose of which is to study the qualities and properties of an object for its compliance with various norms and standards. Grade, quality, characteristics and brand are evaluated. They affect the value of a particular product. A study is being conducted by Rospotrebnadzor or independent private companies. State institutions apply for them for verification or private individuals who have encountered the purchase of low-quality goods who want to hold the seller accountable.
Process concept
Examination of low-quality goods is represented by a unique process, the essence of which is a thorough study of a specific subject in laboratory conditions. It is carried out exclusively by experienced professionals who must have a permit for activity, a license for laboratory research, as well as experience in the relevant field.
Who pays for the examination of low-quality goods? The funds are transferred by the direct customer, but if he is a citizen who wants to verify the poor quality of the purchased item, then with a positive result, he can recover the money spent by the court from the seller. If it is true in the report that the goods do not meet the standards, then it is possible to recover from the seller not only expenses for examination, but also to demand compensation for non-pecuniary damage.
Process steps
Examination of low-quality goods is carried out in several successive stages:
- Internal inspection. Specialists check the internal content of the subject. Various mechanical damages, traces of exposure to different liquids or substances are studied, and the reaction of products to different compositions is checked.
- Visual inspection. If there is a non-food item, then there are all scratches, external damage or other imperfections. Food products are checked for regulatory compliance, and external problems are identified, represented by rotting or improper structure.
- For household appliances or electronics, an operability check is additionally used based on the instructions. Evaluated all the capabilities of the device and its functionality.
During this process, a lot of attention is paid to those shortcomings that were discovered by the consumer. If any serious problems are really revealed, then information about them is recorded in the corresponding report.
When is the procedure performed?
When interacting with different companies providing goods or services, each person should be guided by the provisions of the Law “On Protection of Consumer Rights”. It indicates what rights and opportunities buyers have. Additionally, situations are indicated when it is advisable to apply for examination of low-quality goods.
If a defect or low quality product is detected, you must first contact the seller with a complaint. It identifies all the shortcomings and problems found. The buyer requires a refund and elimination from the shelves of similar products. If there is no answer within a month or it is negative, then a check is carried out to appeal to the court or confirm your words.
Examination can be carried out by different organizations, therefore its types are distinguished:
- Inspection by employees of Rospotrebnadzor.For this, a claim is drawn up, on the basis of which an audit of a particular seller company is carried out. Employees of the institution are independently engaged in the study of items sold in the laboratory. If any serious violations are detected, then the company is held liable, and a lawsuit may also be filed against it. Under such conditions, the applicant receives only a report on the work done, and his requirements specified in the application are also satisfied. When drawing up a complaint, it is important to write down a requirement to conduct a study.
- Independent examination of low-quality goods. It is carried out by private laboratories. In this case, the applicant is the direct buyer of the product. Who should pay for the examination of low-quality goods? Initially, the direct applicant will have to deposit their funds. If the results of the study really reveal any serious shortcomings in the product, then through the court the buyer will easily return the money spent. For this, a payment document is attached to the claim.
- Examination by the seller. Often, the companies themselves want to make sure that the buyer's requirements are legal. To do this, they turn to expert centers and pay for the examination themselves. If marriage is detected, then they satisfy the requirements of the buyer. If there are no violations, then the item is returned to the applicant.
Most often, citizens have to resort to an independent examination of low-quality goods. For this, only organizations that have the necessary equipment for research are selected. They must have a license for this activity.
When is the food process implemented?
Most often, citizens have to deal with the purchase of expired or low-quality food products. In this case, an examination of low-quality goods is required. Typically, the procedure is performed in the following situations:
- it must be proved that specific products cannot be used as food;
- the use of a particular product is the cause of a serious illness, therefore, the expert must prove that the person was actually infected due to the use of this product, and the examination is initiated not only by the direct consumer, but also by the attending physician or court if mass poisoning is detected;
- the examination allows you to prove the kit or measurement, so the applicant can return his funds;
- the expert indicates the level of quality of the goods, therefore, the information stated by the seller is confirmed or refuted, and often, through this process, the sale of counterfeit products is revealed.
Examination is carried out in laboratory conditions using specific equipment and various chemicals. The result is drawn up using a special official report adopted by the courts or various government organizations.
Nuances of research on non-food products
This process is carried out in situations:
- it is required to return the purchase after 14 days have passed since the acquisition, so this process can only be performed if there is evidence that the item is defective;
- the buyer wants to prove that various damages revealed in the product did not appear due to negligence of the user, but through the fault of the seller or manufacturer;
- examination is carried out if there is an appropriate order of the court or law enforcement agencies;
- if technically complex objects are checked, then it is established whether they correspond to the properties declared by the manufacturer;
- the expert confirms or refutes the fact that the product was previously repaired.
The cost of the examination of low-quality goods depends on the ongoing research and the features of the subject.
Dates
The procedure may take a different amount of time, since it depends on the requirements of the customer, the complexity of the goods and the necessary resources used by the expert to clarify certain facts. If a check is carried out by the seller, then by law, the period must vary from 10 to 45 days:
- 10 days. This period is set for verification, the main purpose of which is the return of goods to the seller. The same applies to the situation when it is necessary to reduce the cost of goods and return money for repairs and damage received by the buyer through the purchase and use of a low-quality item.
- 20 days. This period is applied in a situation when it is required to carry out an exchange of goods. If the subject is represented by a complex technical device, then the period increases to 30 days. That is how much time it takes an expert to conduct an examination and determine whether it is possible to carry out an exchange for various reasons.
- 45 days. Such a long period is set for examination in a situation where the buyer requires repair of the goods.
At whose expense is the examination of low-quality goods carried out? It is paid only by the applicant. Most often, it is initially paid by the applicant represented by the purchaser of the item. If, however, according to the results of the study, marriage or other various shortcomings are revealed, then the seller will cover the expenses of the citizen. Often, the companies themselves conduct their audit, and in this case, they immediately pay its cost.
Inadequate Quality Concept
Only with the help of an optimal examination can we determine whether a particular product is of high quality or not. Quality is represented by the compliance of the subject with the mandatory requirements prescribed in the law, contract or documentation from the manufacturer. If it is impossible to use the product for the purpose for which it was purchased, due to various defects or deficiencies, then we can talk about the low quality of the element.
Deficiencies may be minor or significant. If identified, the buyer may demand damages or return the defect to the seller.
Who should conduct an examination of low-quality goods?
The process can be performed by different participants in the transaction:
- when a marriage is discovered, the buyer initially lodges a complaint with the company, and often its employees independently send the subject for examination to identify the marriage, and if it is, then the buyer’s requirements are satisfied;
- if the company does not agree to conduct the research, then an independent expert examination is ordered by the citizen, after which the report is used to draw up a complaint to Rospotrebnadzor, the organization itself or the court;
- Often, citizens immediately upon receipt of a refusal from the seller turn to Rospotrebnadzor, therefore this organization can conduct an inspection and an independent study of the goods.
It depends on who exactly acts as the customer who pays for the examination. If a defect or low quality of goods is really revealed, then the study is paid exclusively by the seller, even if the customer was the buyer or Rospotrebnadzor.
Who pays?
Often, when identifying various shortcomings and problems in the purchased product, an examination of low-quality goods is required. At whose expense is the study conducted? The procedure is paid by the initiator, which is most often the buyer.
If, according to the results of the procedure, it turns out that the goods actually have different manufacturing flaws and defects, then the seller’s expenses are compensated by the seller. If the company refuses to transfer funds in a peaceful manner, the buyer can go to court to enforce the collection of funds. In this case, payment documents are attached to the claim.
Often, a citizen is simply given the means to conduct an examination.In this case, it is advisable to go to court so that the study is implemented at the expense of state funds. Who conducts the examination of low-quality goods? The court independently selects a laboratory where the subject will be examined for compliance with numerous norms and standards.
Choosing an Expert Center
It is important to correctly select the laboratory where the examination will be performed. The supply of low-quality goods is a gross violation of the law, so if the buyer can prove that a particular company is selling defective products, he can count not only on a refund, but also on compensation for moral damage.
It is important to choose only experts with the necessary license and work permit. An organization can be either private or public.
Most often, citizens prefer to contact the bureau of commodity expertise. This institution is state owned. Private companies carry out an examination of any product that may be food or non-food.
Application for examination
After the organization where the study will be carried out is selected, an application is drawn up to conduct an examination of low-quality goods. This document contains the following information:
- name of the goods transferred for research;
- date of purchase of the product;
- requirements of the applicant, consisting in finding those or other shortcomings;
- date of application;
- Other product information available to the buyer.
The goods are transferred to the expert along with the packaging and instructions, if any.
Rules for drawing up an opinion
After the study, the expert must draw a conclusion based on the data obtained. The document is filled out in a special form.
It describes all the identified defects, the causes of their occurrence and consumer potential. The culprit of the appearance of deficiencies is determined. The report is an official document that can be used in court or transmitted by employees of various government bodies.
Conclusion
Often, buyers are faced with the purchase of low-quality goods. To return the funds or exchange the product, they can take advantage of the expertise conducted by experienced professionals. Often the process is carried out by the seller or Rospotrebnadzor.
Based on the study, all the shortcomings of the goods are identified. Using this document, you can file a lawsuit or draw up a pre-trial claim forwarded to the seller.