Delivery of goods, Replenishment of short delivery...

Delivery of goods

Delivery of goods by the supplier is carried out by transport provided for in the supply agreement, and on the terms specified in the contract. If the contract does not specify which type of transport or on what terms the delivery is carried out, the right to choose the mode of transport or determine the conditions for the delivery of goods belongs to the supplier, unless otherwise follows from the law, other legal acts, the essence of the obligation or customs of business turnover.

The supply contract may be provided for the receipt of goods by the buyer (recipient) at the location of the supplier (product selection).

Replenishment of underdelivery of goods

The supplier who allowed the shortage of goods in a separate period of delivery is obliged to make up an undersized quantity of goods in the next period (periods) within the validity period of the supply contract, unless otherwise stipulated by the contract.

In the event that goods are shipped by the supplier to several recipients specified in the supply agreement or the shipping order of the buyer, the goods delivered to one recipient in excess of the amount stipulated in the contract or shipping order are not counted as part of the short delivery to other recipients, unless otherwise stipulated in the contract .

The buyer has the right, upon notifying the supplier, to refuse to accept goods whose delivery is overdue, unless otherwise stipulated in the supply contract. Goods delivered before the supplier receives the notice, the buyer must accept and pay.

The assortment of goods, short delivery of which is subject to replenishment, is determined by agreement of the parties. In the absence of such an agreement, the supplier is obliged to make up an undersized quantity of goods in the range set for the period in which the short delivery is allowed.

The supply of goods of one denomination in a larger quantity than stipulated by the supply contract is not included in the coverage of shortage of goods of another denomination belonging to the same assortment and is subject to replenishment.

Acceptance of goods by the buyer

The buyer (recipient) is obliged to perform all necessary actions ensuring the acceptance of goods delivered in accordance with the supply agreement: to inspect, check the quantity and quality of the goods, and notify the supplier immediately in writing of any inconsistencies and shortcomings.

The legal relationship between the supplier and the buyer, relating to other delivery conditions, is given in Table. 6.11.

Table 6.11

Current conditions (terms of contract)

Rules of Conduct of Parties

RESPONSIBLE STORAGE OF THE PRODUCT, NOT ACCEPTED BY THE BUYER

1. The buyer legally waives the goods delivered by the supplier

The buyer must ensure the proper storage of the goods and immediately notify the supplier. The supplier is obliged to withdraw the goods from the buyer or dispose of them within a reasonable time

2. The supplier did not dispose of the goods within a reasonable time

The buyer has the right to sell the product or return it to the supplier. Revenue from the sale of goods after deduction due to the buyer is transferred to the supplier. Storage or refund costs are reimbursed by the supplier

PRODUCT SELECTION

3. The supply contract provides for the selection of goods by the buyer at the location of the supplier

The buyer is obliged to inspect the goods being transferred at the place of their transfer

Current conditions (terms of contract)

Rules of Conduct of Parties

4. The buyer did not sample within the established (reasonable) time

The supplier has the right to refuse to execute the contract or to require the buyer to pay for the goods

CALCULATIONS FOR SUPPLIED GOODS

5. By agreement of the parties, the order and form of the calculations are not defined

Settlements are paid by payment orders

6. The recipient (the payer) has unjustifiably refused payment or paid the goods on time

The supplier has the right to demand payment from the buyer

7. The contract provides for the delivery of goods by certain parts included in the package

Payment is made after the shipment (selection) of the last part included in the package

CONSEQUENCES OF DELIVERY OF THE GOODS OF UNAUTHORIZED QUALITY AND UNCOMPLETE PRODUCTS

8. The goods of improper quality (completeness) are delivered

The buyer has the right to present to the supplier the requirements provided for the contract of sale, if the supplier does not immediately replace the delivered goods with goods of the proper quality (completeness)

9. The goods purchased at retail are returned by the consumer as substandard

The buyer (recipient), selling the goods delivered to him at retail, has the right to demand from the supplier the replacement of goods of inadequate quality (incomplete)

NON-SUPPLY OF GOODS, FALSE OF REQUIREMENTS TO REMOVE DISADVANTAGES (PRESENTATION OF GOODS)

10. The supplier did not deliver the quantity of goods stipulated in the contract or did not comply with the buyer's request for replacement of poor quality goods or complete the goods within the prescribed period

The buyer has the right: 1. To purchase the goods not delivered from other persons with attribution to the supplier of all necessary and reasonable expenses for their acquisition in the form of a difference between the price and the price for the transaction made in the contract.

Current conditions (terms of contract)

Rules of Conduct of Parties

2. Refuse to pay poor quality (incomplete) goods, and if they are paid, to demand the return of the amount paid until further elimination of deficiencies or replacement of goods. Penalty for short delivery or delay in the delivery of goods is recovered from the supplier until the actual performance of the obligations within the limits of his obligation to fill in the undelivered quantity of goods in subsequent delivery periods

REPAYMENT OF HOMOGENEOUS OBLIGATIONS ON MULTIPLE DELIVERY AGREEMENTS

11. The quantity of delivered goods is not enough to pay off obligations under all delivery contracts

Delivered goods must be counted against the performance of the contract specified by the supplier

12. The amount of payment is insufficient to pay off the buyer's obligations under all contracts

The amount paid must be credited against the performance of the debt specified by the buyer

13. The supplier or buyer did not use the specified rights

The performance of obligations is counted under a contract, the due date of which came earlier, and with a simultaneous term - in proportion to the payment of obligations under all contracts

A SINGLE LEGAL DISCLAIMER OF THE EXECUTION OF THE AGREEMENT AND CALCULATION OF DAMAGES WHEN TERMINATION OF THE AGREEMENT

14. One of the parties admitted a material breach of the contract. Provider Violations:

o delivery of goods with intractable shortcomings;

o repeated violation of the delivery time.

The other party may refuse to perform the contract or unilaterally change it. The term for amending or terminating the agreement comes from the day the partner receives notice of this, unless another period is specified in it

Current conditions (terms of contract)

Rules of Conduct of Parties

Customer Violations:

o repeated violation of payment terms;

o repeated non-collection of goods

15. After the termination of the contract due to violation of obligations by the seller, the buyer purchased from another person at a higher but reasonable price the goods in exchange foreseen by the contract

The buyer can present to the seller claims for damages in the form of a difference between the price established in the contract and the price for the transaction made in exchange

16. Seller in reasonable time after the termination of the contract as a result of a breach of obligations by the buyer, sold the goods to another person but lower than in the terminated contract, but at a reasonable price

The seller can present to the buyer, with whom the contract is terminated, a claim for damages in the form of a difference between the price of the contract and the price of the transaction made in exchange

17. The transaction in exchange for the terminated contract has not been completed; for this product there is a current price (the price usually charged in comparable circumstances in the place of the alleged transfer of goods)

The interested party may present a claim for damages in the form of a difference between the price of the contract and the current price at the time of termination of the contract

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