of September 3, 2008 No. 1290
About approval of the Regulations on goods acceptance by quantity and quality
The Council of Ministers of the Republic of Belarus DECIDES:
1. Approve the enclosed Regulations on goods acceptance by quantity and quality.
2. Recognize invalid:
the resolution of the Cabinet of Ministers of the Republic of Belarus of April 26, 1996 No. 285 "About approval of the Regulations on goods acceptance by quantity and quality";
subitem 1.14 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of August 2, 2006 No. 990 "About modification and amendments in some orders of the Government of the Republic of Belarus and recognition voided the separate orders of the Government of the Republic of Belarus in connection with reorganization of system of republican state bodies" (The national register of legal acts of the Republic of Belarus, 2006, No. 146, 5/22839).
3. To the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus to bring the regulatory legal acts into accord with this resolution.
Prime Minister of the Republic of Belarus
Approved by the Resolution of Council of Ministers of the Republic of Belarus of September 3, 2008 No. 1290
1. This Provision determines general procedure and acceptance procedures of goods by quantity and quality, and also the conditions necessary for carrying out objective and reliable goods acceptance on quantity and quality if the agreement does not provide other.
2. This Provision governs the relations between the seller (supplier) (further - the seller) and the buyer (receiver) (further - the buyer) in case of acceptance by quantity and goods quality, delivered according to purchase and sale agreements (deliveries, contractings) or exchanges, concluded by legal entities and individual entrepreneurs of the Republic of Belarus (further - the agreement).
This Provision can be applied in case of goods acceptance, delivered according to the agreement in foreign trade if its conditions do not provide other.
3. The conditions established by this Provision and procedure (rules) for goods acceptance on quantity and quality are not applied in case of the acceptance and check by quantity and goods quality acquired for the personal, family, house or other not connected with business activity use, energy and other energy products arriving on pipelines and power lines and also concerning goods for which acts of the legislation or terms of the contract establish other procedure for acceptance by quantity and (or) quality.
4. Goods acceptance by quantity and quality is carried out by the buyer in accordance with the terms of the agreement, this Provision, other acts of the legislation.
5. Goods acceptance by quantity and quality is carried out for the purpose of confirmation of accomplishment by the seller of obligations on delivery of goods in quantity and quality, to the corresponding terms of the contract.
Goods acceptance by quantity and quality can be carried out with participation of representatives:
Chamber of Commerce and Industry;
republican state body and other state organization subordinated to the Government of the Republic of Belarus if the seller and the buyer are subordinated (are part) to one republican state body and other state organization subordinated to the Government of the Republic of Belarus;
the certification body of products, the test center or laboratory accredited by the State committee on standardization of the Republic of Belarus in the area corresponding for quality check (testing) of the accepted goods.
7. In case of shortage identification, discrepancy of quality, marking of goods, container or packaging to the established requirements in case of need of creation of the bilateral act the challenge of the representative of the seller is obligatory.
The challenge of the representative of the seller is performed by means of the direction to the last of the notification no later than 24 hours, and concerning perishable goods - instantly after discrepancy detection if other terms are not established by the agreement. The notification goes on cable, teletype, facsimile or to other means of urgent communication.
In the notification on challenge of the representative of the seller are specified:
description of goods, date of its shipment (leave), number of transport and accompanying documents;
quantity of missing goods and its cost, nature of shortage (the number of certain places, intra tare shortage in the damaged container and other data confirming shortage);
condition of seals;
the main shortcomings found in goods, goods quantity of inadequate quality;
time to which joint bilateral goods acceptance by quantity and quality is appointed (in the limits set by this Provision or the agreement, terms).
8. The representative of the seller who is in the same settlement shall be on challenge of the buyer no later than the next day, and on perishable goods - no later than 4 hours after receipt of the notification on challenge if in it other term of appearance is not specified.
Other sellers shall no later than the next day after receipt of the notification on challenge report the buyer on urgent communication whether the representative for participation in check of quantity and goods quality will be directed.
The representative of the seller who is outside the settlement of the buyer shall be on challenge of the buyer no later than three-day term after receipt of the notification on challenge, apart from time necessary for journey if other term is not stipulated by the legislation or the agreement.
For participation in goods acceptance the seller can direct the worker (the seller - the individual entrepreneur can take part in acceptance) or to authorize legal entity or physical person, including the individual entrepreneur, to represent its interests in case of goods acceptance by quantity and quality.
9. In case of absence of the representative of the seller on challenge of the buyer at the scheduled time, and also in case of non receipt of the answer to challenge check of quantity and goods quality is made with participation of other representative specified in part two of Item 6 of this provision.
10. The representative of the seller or other representative specified in part two of Item 6 of this provision shall have signed by the head (or the deputy manager) the one-time certificate or the power of attorney on the right of participation in goods acceptance.
In the certificate (power of attorney) are specified the right of participation in goods acceptance:
date of issue and its number;
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