Much depends on the cause of the defect in the product: whether the buyer's demand to return or exchange the goods for which the expiration date has expired will be satisfied, whether the seller can prove the wrong operation or transportation of the goods by the buyer, thereby relieving himself of responsibility, etc.
If the buyer contacted the seller with the intention to return or exchange goods of inadequate quality, the seller may, at his own expense, carry out a quality check of the specified goods. The law does not oblige it to be carried out in every case, nor is the procedure for conducting such an inspection established.
Considering that the consumer has the right to participate in checking the quality of the goods, the seller must inform him in advance about the place and time of its carrying out. It is advisable for the buyer, at the time of returning the goods, to write a written statement addressed to the seller, in which he states his desire to participate in the verification. The buyer cannot interfere with the quality control and is obliged to hand over the goods to the seller.
To confirm that the goods have been accepted for quality control, the seller must make a mark on the check, receipt, or draw up a receipt or act. Checking the quality of the goods involves only establishing the reasons for the defect in the goods, while the seller should not take any action to repair or replace components.
However, it often happens that the seller does not mark "quality control" and actually draws up a document on acceptance of the goods for warranty repair, and then the consumer can no longer present other requirements specified in Art. 18 of the Law "On Protection of Consumer Rights".
Please note that checking the quality of the goods does not have any effect on the duration of the satisfaction of the customer's claims related to defects in the goods. The only exception is the situation when demands are made to replace goods with goods of proper quality - the law gives an additional 20 days to check the quality of goods.
In addition to quality control, the Law "On Protection of Consumer Rights" speaks of the obligation of the seller or manufacturer to conduct an examination of the goods. Usually, it is carried out after a quality check if the results of the latter do not satisfy the seller or the buyer. However, the examination can be carried out without prior quality control. Very often, an examination is carried out as part of a judicial review of a consumer protection dispute.
The examination of the goods is carried out at the expense of the seller, manufacturer. They also pay for the delivery of goods weighing over 5 kg to the place of examination. But, if it shows that the reasons for the defects in the goods were the actions of the buyer, then he will have to reimburse all the costs associated with the examination to the seller. The law does not provide for the buyer's participation in the examination, but he can appeal the expert's opinion in court.
The right to conduct an independent examination of the quality, safety of goods, as well as the conformity of consumer properties of goods to the information about them declared by sellers, belongs to public associations of consumers.
