Claim for return of goods of proper quality - sample

At what stage is it written?

The act of returning the goods is made directly upon receipt, in the presence of representatives of the supplier company and the purchasing company.

This procedure always includes an inspection of the goods (in full or selectively), respectively, if defects or damage are detected, instead of documents indicating acceptance of inventory items, a report on detected defects and a return report are generated.

Articles on the topic (click to view)

• Legal address for LLC registration
• Universal transfer document (UDD)
• Within 3 years from the date of state liquidation, tax authorities can return to the liquidated company.
• Russian Patent Office Rospatent: functions, structure and features of interaction
• Criminal procedural guarantees: concept, types, meaning.
• Conditional release of goods subject to technical regulation measures
• Simplified bankruptcy procedure for individuals: bill 2021

Sometimes this act is formed later: when the product has already entered into service, but in this case it must be covered by the supplier’s warranty and the period of use must not exceed the maximum period established separately in each specific case.

Who should sign

The return of goods must be signed by at least two people: representatives of the buyer and supplier.

If necessary, the document may contain other signatures, for example, an employee of a transport company (if the document is formed with his participation). Moreover, if these persons sign the act, acting on the basis of a power of attorney, its details must be entered into the act: number and date of issue.

Stamps should be placed in the act only if their use is specified in the legal documentation of the enterprises.

Leave a comment on the document

Do you think the document is incorrect? Leave a comment and we will correct the shortcomings. Without a comment, the rating will not be taken into account!
Thank you, your rating has been taken into account. The quality of documents will increase from your activity.

Sample act on the return of goods to the supplier

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

If you are tasked with creating an act for the return of goods, and you have not encountered this document before, take into account the above tips and look at the example. With their help, you can easily perform the act you need.

1. The beginning of the form is quite standard:
   write here the name of the document itself,
2. his number,
3. date,
4. place of compilation.
5. After this comes the main block.
   First of all, enter information about the supplier and buyer here (almost like in a contract):
6. include the names of organizations here,
7. positions and names of representatives. If these persons act under powers of attorney, the number and date of their issue should be entered in the act.
8. Be sure to provide a link to the agreement under which the goods are returned.
9. Further, the act contains several points.
   First, confirm the fact of acceptance and transfer of goods from the buyer to the supplier,
10. enter the name of the inventory items,
11. provide their detailed description,
12. indicate the quantity.
13. Then enable the base:
    here you need to provide a link to a document that certifies defects, defects or damage, delay in delivery or some other reason for the return.
14. After this, indicate the quality of the products, packaging containers, and their condition.
15. If an examination was carried out before the return, information about it must also be included in the document:
    write where, when and by whom it was carried out,
16. put the date on it
17. number of the corresponding act.
18. In conclusion, indicate the requirements that the purchaser of inventory items places on the supplier:
    exchange,
19. repair,
20. Refunds. If the latter, enter the amount both in numbers and in words.
21. Below is the number of created copies of the act, it is indicated that they are equal in text and from a legal point of view, signatures of all interested parties are affixed.

This document is mainly drawn up in situations where, for some reason, the seller must return money to the buyer. This procedure must be accompanied by the preparation of various documents. Among them, the main one is the act, which should display all information about the transaction.

Certificate of return of goods, form, sample

In cases where there is a need to return the goods to the supplier (seller), an important factor is the competent legal execution of such a procedure. Both high-quality and low-quality goods can be returned. Here we will look at the features of reception and transmission.

So, first of all, it is necessary to draw up a written agreement between the parties, which describes the procedure for transferring property from one person to another.

What typical example of the document in question should I choose, of which there are a great many on the Internet?

Any such document must comply with legal requirements. The form for the return of goods, a sample of which is posted on this page, meets these requirements. If you need to choose another option or analyze the proposed example by the counterparty, you should pay attention to the following information, which must be reflected in the document:

1. Date and place of drawing up the document.

2. Details of the parties who sign the act.

3. Reference to the agreement, contract, agreement (etc.), in pursuance of which the document is drawn up.

4. Description of the procedure for returning goods.

5. Description of cash payments for the transferred object, possible payment of penalties, fines and other compensation. Other mutual settlements.

6. Signatures and seal impressions of the parties who drew up and signed the act.

The document in question is drawn up in simple written form; the number of copies produced is not limited by law. If desired, the drawing up of the deed can be certified by a notary. Regardless of the number of signed documents, one of these original copies is in the possession of the parties that signed it.

The act can be drawn up either directly by the heads of organizations participating in the procedure, or by their representatives. The powers of representatives must be properly documented. As a rule, confirmation of the availability of appropriate authority is a power of attorney.

Such a power of attorney, a sample of which you can find on our website in the “Sample Documents” section or follow the link, must be in the form of a written document and drawn up either in simple written form or by a notary. Considering that any power of attorney can be revoked by the principal, before signing the act, it is advisable to check the validity of the attorney’s powers.

Documents and other objects of the material world may be attached to the act. These can be either accompanying documents for the returned goods or any others.

Certificate of return of goods under contract No. APV/59293/2013/3958 dated June 31, 2013

Moscow December 31, 2013

OJSC "DAVIZZ and K", referred to in the act as "Buyer", represented by Kayumov Tengiz Vagitovich, representative under power of attorney No. 49685/KNE/4968/2013 dated December 31, 2013, acting on the basis of the above power of attorney, and LLC "LOO-PARADISE" ", referred to in this act as the "Supplier", represented by German Veniaminovich Varkhmistrov, representative under power of attorney No. RDD/4968832/669584/2013 dated December 31, 2013, drew up this act (hereinafter referred to as the "Act") on the following:

1. The goods were delivered to the Buyer by the Supplier under contract No. APV/59293/2013/3958 dated June 31, 2013, in inadequate quality.

2. Should return to the Buyer 5968573.96 (five million nine hundred sixty-eight thousand five hundred seventy-three rubles) 96 kopecks, including VAT 18%.

etc…

See the attached file for the full text of the document.

When is a certificate of return of funds to the buyer drawn up?

As a rule, the need to prepare this document arises in situations where the seller entered the payment amount incorrectly, for some reason the invoice was not delivered, and the buyer returns the goods. Moreover, the main thing you need to pay attention to is that the KM-3 act is filled out only if the money will be returned on the day of the transaction.

Accordingly, the buyer returns the goods. If it is not possible to return the funds on the same day, then instead of an act, a cash receipt order is issued.

After drawing up the act, its limitation period is two months. After the end of this period, neither party has the right to make any claims, for example, in case of incorrect completion of the document. After the funds are returned, the document is sent for storage to the organization’s archives. He must stay here for at least five years.

( Video : “How to properly issue a refund to a buyer for a product?”)

Comments on the document “Report of defective goods”

Reply 0

Reply 0

Reply 0

Reply 0

Where does the return begin?

To get a refund, the buyer must present to the store:

What should be on the return form

If the store does not have a ready-made form of the form in question, the buyer can draw up a free-form application according to a principle similar to the one below. The standard sample form for returning goods from the buyer should include the following information:

• FULL NAME. the head of the trading enterprise (if known) and the name of the store;
• FULL NAME. buyer with passport details;
• name of the product and the amount paid by the buyer for it;
• reasons why the buyer wants to return the goods (preferably with references to the Law on the Protection of Consumer Rights, the Civil Code of the Russian Federation, etc.).

We highly recommend that you provide a link to a regulatory act confirming the buyer’s right to refuse the purchased product. Usually this is the Consumer Rights Protection Law (you need to select a rule of law from it that suits your situation).

Please note that a sample form for returning goods from a buyer is often freely available in the so-called “Buyer’s Corner” in the store. This will allow you to familiarize yourself with its form and quickly complete your application.

The document must be dated and signed by the buyer, and then handed over to the store representatives.

In practice, a sample form for returning goods from a buyer looks something like this:

Refund of the cost of goods from the cash register

To reimburse a store customer for the cost of returned goods in cash, there is a special form of cash return certificate No. KM-3. This document is drawn up:

• if the cashier mistakenly punched the check;
• in the case when the buyer changes his mind about taking goods that have already been punched at the checkout;
• when a customer wants to return an item purchased on the same day.

As a rule, the basis for issuing money to the buyer is a check, but under the consumer protection law this is an optional condition. If there is no receipt, instead, a client’s application with passport data or an explanatory note from the cashier is attached to the return certificate. If there are several returns during a work shift, they are all entered into one act, which is approved by the signatures of the persons included in the special commission. Then the data from the KM-3 certificate is transferred to the cashier’s journal, and the document itself is transferred to the accounting department.

return certificate in form KM-3 can be found here.

Issuing funds from the cash register without drawing up an act is a violation of the procedure for handling cash and entails administrative liability with a fine for individual entrepreneurs in the amount of 4-5 thousand rubles, for a legal entity - 40-50 thousand rubles.

When can a seller refuse a buyer?

A completed sample form for returning goods from the buyer is handed over to the seller, after which the management of the trading company makes a decision on returning the amount paid or exchanging for an analogue without quality defects.

But in some cases the seller has the right to refuse to satisfy the buyer’s demands. Here are the most common situations:

Is it possible to return a product purchased in an online store?

The law also provides for the return of purchases made remotely. If the product was purchased in an online store, you can similarly send a claim to the store’s email or physical address and simply refuse the product within a week after the purchase.

Expert opinion

Kuzmin Ivan Timofeevich

Legal consultant with 6 years of experience. Specializes in the field of civil law. Member of the Bar Association.

If the size, color, style and other parameters do not suit you, you can write a refusal 7 days in advance. And if the product does not meet quality requirements - during the warranty period or 2 years after purchasing online.

Moreover, if you return within 7 days after the order, you do not need to explain to the online seller the reasons for refusing the purchase. In addition, the store is obliged to notify the buyer about the return policy in writing.

If this has not been done, you can file a claim and request a return within 3 months from the date of purchase, and not 7 days.

If all rules and formalities are followed, the store transfers the paid amount back to the buyer’s bank account. This operation should take no more than 10 days.

As a result, the sample form for returning goods from a buyer through an online store is practically no different from returning goods to a stationary retail outlet.

Shoes cannot be exchanged

• — with defects resulting from operation in conditions that do not correspond to its intended purpose;
• — with mechanical damage (burns, cuts, abrasions, etc.);
• — deformed as a result of improper wearing, drying, lost quality as a result of chemical exposure and with other defects caused by the buyer;
• - repaired by the buyer before presentation to the store (except for replacing heels, attaching metal jambs, gluing a preventive outsole, if such repairs did not result in the formation of defects).

Requirements for shoes used during the warranty period

• - shoes must be clean and dry;
• — shoes that have been repaired are not accepted for return.

When returning goods, an amount of savings equal to the cost of the returned goods is automatically withdrawn from the buyer's discount card.

The requirements approved in the Civil Code, as well as the Law on the Protection of Consumer Rights, regulate the rules for creating a form for an act of returning goods from the buyer. The participant in the transaction may return the delivered or purchased goods if the latter has become unusable during transportation or for other reasons.

When returning, approved regulations are drawn up to regulate relations between the parties. Such a document may be in a generally accepted form or compiled by the company for internal use.

Claim for return of goods of proper quality - sample

This document is intended in cases where a product of proper quality purchased by a consumer does not match the color, quality, quality, etc. You should contact the seller immediately with such a statement in order to protect consumer rights

CLAIM

_________________________ in _________________________ was purchased by _________________________ at a cost of _________________________ rubles. This fact is confirmed by ______________________________. The purchased product is of proper quality, however, cannot be used by me for its intended purpose, because: _________________________. At the same time, the product has not been used, its presentation, consumer properties, seals, and factory labels have been preserved.

In accordance with Article 25 of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights,” the consumer has the right to exchange a non-food product of proper quality for a similar product from the seller from whom this product was purchased, if the specified product did not fit the requirements shape, dimensions, style, color, size or configuration.

An exchange of a non-food product of proper quality is carried out if the specified product has not been used, its presentation, consumer properties, seals, factory labels are preserved, and there is also a sales receipt or cash receipt or other document confirming payment for the specified product. The consumer’s absence of a sales receipt or cash receipt or other document confirming payment for the goods does not deprive him of the opportunity to refer to witness testimony.

The consumer has the right to exchange non-food products of good quality within 14 days, not counting the day of purchase.

_________________________ I, as a buyer, contacted _________________________ about an exchange, but I was unable to find the one I needed at _________________________.

According to Part 2 of Article 25 of the Law of the Russian Federation of February 7, 1992 N 2300-I “On the Protection of Consumer Rights”, if a similar product is not on sale on the day the consumer contacts the seller, the consumer has the right to refuse to execute the sales contract and demand a refund of the amount paid for the goods.

The consumer's request for a refund of the amount of money paid for the specified product must be satisfied within three days from the date of return of the specified product. The goods were returned on _________________________, as evidenced by _________________________. By virtue of Articles 309, 310 of the Civil Code of the Russian Federation, obligations must be fulfilled properly in accordance with the terms of the obligation and the requirements of the law and other legal acts.

In connection with the above, I ask you to return to me the funds paid for the purchased _________________________ in the amount of _________________________ rubles. up to _________________________.

I draw your attention to the fact that in the event of a refusal to satisfy the above requirements voluntarily, I, _________________________, will be forced to file a claim in the _________________________ court to protect my rights and legitimate interests. In addition, on the basis of Articles 88, 94, 97 of the Code of Civil Procedure of the Russian Federation, I will file a demand to recover from you legal costs associated with the consideration of this dispute in court.

Consumer Lawyer 8

Send a request to WhatsApp
for a call back

Document role

If the product return certificate is correctly drawn up, in case of detection of defects or shortcomings in the product, the buyer can return the funds spent on the purchase of low-quality goods. If there are defective products, the compiler lists all defective units of the product.

When selling specific products that are temporary in nature, the parties to trade relations can agree in advance to return unsold goods back. In this case, a document is drawn up with the signatures of authorized representatives of the seller, buyer and an independent specialist.

The act lists all the names of the goods to be returned.

The return certificate confirms the fact that the products have been returned to the supplier. The product is described in detail, indicating the name, type, identification parameters, grades and quantity. In addition, the certificate indicates the purpose of the return: receipt of funds, exchange or restoration.

Why is the act needed, its role

The meaning of the act is quite prosaic: it certifies the fact that the goods were returned to the supplier. To do this, the document indicates the name of the inventory items, their type, marking, grade, quantity, etc. identification indicators. It is also noted for what reasons and for what purposes the goods are returned: for example, for its repair and restoration, exchange or receipt of previously transferred funds back.

• Form and sample
• Free download
• Online viewing
• Expert tested

FILES

Reasons for drawing up the act

There are various scenario options that allow you to return an item to the seller. For any cases, in accordance with current legislation, the buyer must notify the supplier about the return of the goods, followed by the correct execution of documents. Otherwise, the return of the goods will need to be carried out in court.

The main reasons for drawing up a return certificate are:

• presence of product defects
• unsatisfactory product quality
• discrepancy between actual parameters and characteristics and those declared by the manufacturer
• counterfeit
• incorrect item contents
• re-grading (calculation, body kit)
• delay in product delivery date
• other violations of the terms of the agreement between the parties

How to write a return letter

There is no standardized form for a letter to return goods. Consequently, the document will have to be generated in any form. It is advisable to fill out the letter on the institution’s letterhead. Otherwise, you will have to enter all the registration data about the applicant company, that is, about yourself.

So, the structure of the letter to return goods must meet the following requirements:

1. Applicant information. Indicate the name of the organization that received the defective product. Also write down the TIN and KPP, the legal and actual addresses of the company, if they differ. Be sure to include contact information, such as phone number, email address. Also indicate the responsible employee who can be contacted to resolve the issue. This will greatly speed up the solution to the problem.
2. Recipient information. First, indicate the position of the manager, the name of the organization that violated the terms of delivery of the goods, full name. boss Enter the TIN, checkpoint, address and telephone number in the same order.
3. The name of the document, for example “Letter to return goods” or “Claim”.
4. Now describe the essence of your appeal. Start by indicating the details of the agreement (contract, agreement), the terms of which were violated. Then outline the recipient's obligations. That is, write down what the company was supposed to do under the contract. Next, you should write down the facts revealed as a result of the delivery (which is why you had to apply). For example, indicate that the product is of poor quality, the wrong product was delivered, or something else. Then outline your requirements. For example, to supply a high-quality product, replace non-conforming parts, product components, or other things. You can specify a specific period of time during which the defect should be eliminated.
5. Attach copies of documents confirming the circumstances. Indicate supporting documentation in the form of a list of attachments to the letter for the return of goods. Be sure to include a receipt and invoice for returning the goods.

The letter is signed by the manager. It is not necessary to put a stamp.

Certificate of defective goods sample form

Documentary justification for writing off goods due to their defects is an act. Like any other, it is written by a specially created commission. This commission is created by order of the head of the company.

There is no specially established form for this document. Therefore, it is compiled in any form.

Three copies of this document are prepared. The first copy is transferred to the financially responsible person. The second is sent to the company's accounting department. The third remains in the structural unit in which the fact of marriage was revealed.

After reading this publication, you will be able to download forms and samples of such acts for free for review.

This is interesting: Declaration for a garden house sample of filling out 2021

Description of the act form

This document is written on an A4 sheet. A mandatory attribute of this document is to indicate the name of the enterprise where it was signed. In addition, you must indicate the date of compilation.

In addition to the date, you must indicate the position of the head of the structural unit who will approve this culling act. It is necessary to leave space for his signature with a transcript.

In the middle of the sheet you need to write the name of the document. The text itself will be located below it. It must indicate defective goods. This can be presented in the form of a pivot table. If goods have a product number, it must be indicated there.

In addition to the name of the defective product, you must bring identifying information about it. That is, it is not enough to indicate, for example, “bearing”; it is necessary to provide its marking.

In addition, you need to determine in what units of measurement the defect will be written off. It can be pieces, liters, tons, cubic meters. After this, the number of detected defective goods is indicated. It is, of course, indicated in the units of measurement that were agreed upon earlier.

Having described the quantitative side, you need to indicate the reason for the rejection. This may be non-compliance with temperature conditions, failure of equipment control systems, low-quality raw materials, etc.

After describing the reasons, the commission identifies the perpetrators. If they are employees of the company, then their positions, surnames and initials are entered into the document. It is also necessary to describe what exactly is the unsuitability of the product (size discrepancy, damage, deterioration).

The commission establishes the possibility of further use of rejected products. The survey results are entered into the document. The defect can be either final or such that it allows the product to be sent for revision (processing, misuse).

After this, the commission begins to sign the document. To do this, the appropriate columns must be entered into it. They must contain information about the positions of the commission members, their last names with initials, and leave space for signatures.

Below is a standard form and a sample certificate of defective goods, a version of which can be downloaded for free.

Processing and storage times

The Civil Code provides for specific deadlines for completing the procedure (Article 477 of the Civil Code of the Russian Federation):

• for products without an expiration date - no later than two years from the date of delivery;
• for goods with a specified expiration date - no later than the expiration of the stated period.

You will have to store documents confirming that the products were returned for at least 5 years. Based on Federal Law No. 402 of December 6, 2011, the organization must approve the procedure for storing accounting documents. Familiarize the person in charge with the approved procedure and sign it.

How to draw up a return certificate

The organization has approved its own form.

Step 1. We indicate the date and place of preparation, indicate the name and responsible persons of each party. We write down the document on the basis of which the return procedure is carried out. In our case, agreement No. 1 dated 08/01/2019.

Step 2. We indicate the item (cargo, item, product) that is to be shipped to the seller, and the basis. In our example, there is a contract for the supply of basketballs.

Step 3. We indicate the reason for the return and the results of the examination, if required (defects, low quality, defects).

Step 4. Now we write down the buyer’s conditions. In our case, the organization requires replacing soccer balls with basketballs.

Step 5. Then we write down the details of the parties, sign the act and certify with seals.

What to do if a defective product was delivered

If the customer was supplied with defective and damaged goods, then first of all he must study the contract concluded with the supplier.

Important : the parties generally provide for a procedure for resolving disputes, as well as replacing defective goods in the contract. If such a procedure is not established, then the rules of Art. 518 Civil Code of the Russian Federation.

In practice, the customer mainly inspects the delivered goods and if they do not meet the requirements established by the contract, a corresponding act on the return of the defective goods is drawn up.

ACT No.____dated “_____”____20___ about the return of defective goods

1. Name of the organization ________________________________________________________________________________
2. Full name of the authorized person _____________________________________________________________________

3. Supplier’s delivery note and invoice number _____________________________________________________

4. Transport company __________________________________________________________ according to transport invoices No. _______________________________________________________________

5. Condition of containers and packaging of products ____________________________________________________________

6. Number of places received _____________________________________________________________________

7. Detailed description of the defective product:

Total amount, rub. (in words) _____________________________________________________________________ including VAT, rub. (in words) ___________________________________________________________________

Conclusion of the commission on the nature of the identified defects in the product (goods) and the reason for their occurrence_________________________________________________________________________________________

The defective product is sent along with a defect report and an invoice for the amount of the defect to the supplier for review. The act is drawn up by a commission consisting of representatives of the supplier and buyer. Members of the commission are responsible for signing an act containing data that does not correspond to reality.

Position_______________________signature_________________________Full name__________________________

Position_______________________signature_________________________Full name__________________________

M.P.

Download the document “Report of defective goods”