Acceptance procedure of the Goods in terms of quality/quantity and reclamations


A) When the Seller informs the Buyer if the Goods are ready for shipment, the Buyer's representative is entitled to arrive at the place of acceptance of the Goods: Russian Federation, Altai Territory, Yarovoye  on the date agreed with the Seller to take part in the joint acceptance of the Goods in terms of quality and quantity.

 

B) Quality acceptance procedure in case Buyer's representative arrives as indicated in point А):

  1. The Seller provides the Buyer with the entire batch for testing;

  2. Sampling is carried out under the direction of the Buyer;

  3. The Buyer performs testing in his own laboratory or the laboratory of the Seller;

  4. The Buyer provides the Seller with the testing results and summary if the batch quality corresponds to the requirements stated in the Contract.


Claims on the Goods quality are not accepted in case the Goods were accepted in quality in accordance with clause B) after shipment (transfer of the Goods to the carrier.

The Buyer has the right to refuse to accept the Goods in accordance with clause B) in the following cases:

  1. The Seller ships the Goods without accepting it by quality when shipping.

  2. The Buyer is entitled to perform the acceptance of the Goods on their own upon its arriving to consignee in 10 (ten) days from the moment of receiving the goods from freight forwarder.

  3. In case the Goods do not correspond to the quality indicators stated in the Contract, the Buyer notifies the Seller within three days about the discrepancy between the declared quality indicators and the actual ones. The Seller shall perform testing of a control sample of the Goods selected by the Seller from the batch of Goods ready for shipment to the Buyer. Later according to the choice of the Seller:

    • The seller has the right to send his representative at the location of the consignee (Buyer) to participate in joint testing of the Goods;

    • The Parties jointly send samples of the Goods for independent testing in a third-party laboratory (Ghent University, University of Arizona), or another laboratory agreed by the parties. The conclusions of the laboratory will be binding on the Parties;

 

C) Acceptance procedure of the Goods in terms of quality:

  1. After shipment, the Goods are considered accepted by the Buyer in terms of the number of places and weight - according to the number of places and weight, specified in the transport documents