The need for an examination of the goods arises when a dispute arises between the seller and the consumer about the nature of the discovered defects, the reason for their occurrence. The examination is carried out after the return of the goods to the seller, and the buyer has the right to be present during its implementation.
The Law "On Protection of Consumer Rights" establishes the right for the buyer to return goods of inadequate quality back to the seller. In this case, the buyer has the right to declare one of several requirements at his own choice, including the possibility of a full refund of the amount paid. As a rule, sellers do not agree that the defects of the goods arose before it was handed over to the buyer. In these cases, the law prescribes an inspection of the goods, in which the buyer himself has the right to be present. If the verification turns out to be insufficient to resolve the dispute between the parties, then there is a need for an examination, the responsibility for organizing which lies with the seller.
How is the examination of goods organized
After the consumer returns a low-quality product, the seller independently looks for an expert organization (if necessary, coordinating it with the buyer). After that, the consumer is notified of the time, place of the examination, at which he has the right to be present. The seller must pay for the examination from his own funds, which is directly provided for by the current legislation. In the process of carrying out a professional check of the quality of the goods, the expert draws conclusions about the nature of the shortcomings, possible reasons and the time of their occurrence. The buyer can agree with the conclusions of the expert or state his own objections, fix them in a special act, refuse to sign the expert opinion. Usually, the consumer agrees with the expert only when the latter makes a decision on the occurrence of defects before transferring the goods to the buyer, which entails the seller's obligation to fulfill the stated requirements.
What to do for the consumer after the completion of the examination
If the expert opinion is in favor of the seller, then the buyer declares his disagreement with the expert's conclusions, fixes his own objections and comments, takes the goods and files a lawsuit. In the course of legal proceedings, the consumer has the right to declare a demand for an independent examination, ask the court to independently appoint an independent expert. As a rule, the results of an independent forensic examination become the basis for a subsequent decision on the stated claim. To obtain professional assistance in the preparation of the necessary documents and to provide legal services for representation in court sessions, a consumer can contact public organizations that do not charge a fee for such assistance.
