Acceptance of the goods in quantity and quality provided for by a foreign trade contract may include several points:
- methods of quality and quantity control
- place of acceptance
- terms of acceptance
- membership at the acceptance of the goods
- documents confirming the results of acceptance
- other circumstances
Delivery and acceptance of goods in terms of quantity and quality may not coincide in time and be issued with different documents. Therefore, the terms of delivery and acceptance of goods by quantity (checking the delivered number of seats, weight, volume or other units of measurement) and by quality (compliance of the quality indicators with the terms of the contract) can be set out separately in the contract. Moreover, it is recommended to specify in the contract the procedure for quantity/quality checking, whether a full or sample inspection is carried out, by what method samples are taken for analysis, etc.
It is very important to separate the preliminary inspection (inspection, testing) of the goods and its final acceptance.
The terms of delivery and acceptance are correlated with other sections of the contract, for example, with the basic terms of delivery and payment terms. In many cases, with the help of delivery basis the time of delivery by the Seller and the goods acceptance by the Buyer are determines. In practice, the interpretation of the terms of delivery and acceptance is widely used. It is different from Incoterms and significantly expanded in a number of parameters.
The definition of the delivery terms and goods acceptance significantly affects the terms of payment, it will be shown below. Therefore, it is logical to state the delivery terms and the goods acceptance and then the terms of payment.
It is advisable to distinguish between preliminary inspection and final delivery-acceptance of goods by quality/quantity indicating which documents confirm the results of acceptance. The inspection is carried out in relation to the quality, and the quantity is checked in other ways. The inspection can be carried out not only by an independent expert organization, but also by the parties. The claim clause is usually set out broadly in a separate clause of the contract. Usually, each party is interested in having the goods delivered and accepted in their country. It is advantageous for the seller to identify the place of departure as a specific place of delivery, and the Buyer identify the place of destination as a specific place of delivery. According to Incoterms, the Seller is obliged to check the quality of the goods including conducting the necessary external inspection and testing, as well as the packaging condition and the applied marking correctness in all cases, even if it is not stipulated in the contract. This procedure begins in the process of goods manufacturing and ends at the finished products warehouse before the shipment.
If the exporter is not a manufacturer of the supplied goods or services, but he purchases them under a contract from a Russian supplier, such contract must be drawn up legally-acceptable and contain certain articles regarding the accepting goods or services procedure. Otherwise, if the goods do not comply with the terms of the foreign trade contract, it will be extremely difficult to present such inconsistencies to the supplier.