Supply agreement in the car service center: goods quality problems
Journal: Modern Problems of Russian Transport Complex (Vol.6, No. 2)Publication Date: 2016-12-30
Authors : Елена Владимировна Карпова;
Page : 23-27
Keywords : car service centre; car parts; supply agreement; agreement of sale and purchase; supplier; buyer; good quality; goods disadvantages; defects; auto-technical expertise;
Abstract
This research reveals the current problems of relationships legal regulation, arising from supply agreements in the field of car service centres. The authors mostly focused on the following problems, defining criteria of goods disadvantages, supplier responsibility for delivering non-conforming goods, goods quality acceptance by the buyer, procedural and legal formalities of the results of goods acceptance (car parts). The complex approach is used in the research. The problems were reviewed in the ratio of economical and processual aspects. The attention is paid to the evidence base, required to solve the arising legal issues. The modernity of the research is in detecting and classifying the problems of supply agreement in the car service area, related to the facts of supplying non-conforming goods. The classification criteria are the ontological bases (formal and substantial part of legal relations) and the dishonesty of fulfilling the obligations by any party of the agreement (supplier or buyer). The problems of the content part are, - the supply of non-conforming car parts with unrepairable defects and the supply of non-conforming car parts with repairable defects. The problems of the formal part include the failure of car parts quality acceptance, the legal registration of the results of car parts acceptance, identified facts, confirming the violation of requirements to the goods quality. The dishonesty of fulfilling the obligations by a party of the agreement (supplier or buyer) can result in the violation of supplier obligations for the delivery of goods (car parts) of proper quality, or in the violation of the following by a buyer, - the quality acceptance procedure of goods (car parts), the requirements of legal registration of car parts acceptance, the identified facts confirming the violation of requirements to goods quality.
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