Five Ways To Introduce Buyer'S Inspection Right
買方檢驗權是一種法定的檢驗權,它服從于合同的約定,買賣雙方通常都在合同中對如何行使檢驗權的問題作出規定,即規定檢驗的時間和地點、主要有以下五種做法:
Inspection at home for export.
Before shipment, the seller's inspector will inspect the goods with the buyer's inspector, and the seller is only responsible for the quality of the goods before they leave the place of origin.
The risk of pportation from the place of origin is the responsibility of the buyer.
Inspection at port of shipment.
The goods shall be examined by the commodity inspection authorities agreed upon by the two parties before shipment or at the time of shipment, and the inspection certificates shall be issued as the basis for confirming the quality and quantity of the shipment, which is called "offshore quality and offshore quantity".
Port of destination inspection.
After unloading the goods at the port of destination, the commodity inspection authorities agreed upon by the two parties shall be examined by the commodity inspection authorities, and the inspection certificates shall be issued as the basis for confirming the quality and quantity of the delivery.
Inspection of buyer's premises or user's location.
For those products that are sealed and sophisticated.
It is not suitable for the products to be inspected before the use of the package is removed, or the products that need to be tested after installation. The inspection can be postponed to the location of the user and checked and certified by the inspection institutions accredited by both sides.
Inspection by importing countries, re inspection by importing countries.
In accordance with this practice, the inspection certificate before shipment is one of the export documents for the seller to collect the goods, but the buyer has the right to reinspect the goods after the goods arrive at the destination.
If the commodity inspection authorities approved by the two sides are re examined, it is found that the goods are not in conformity with the contract stipulations and are the sellers' responsibility. The buyer may make an objection and claim to the seller within a specified time until the goods are rejected.
The above practices have their own characteristics and should be based on the nature of specific commodity pactions.
However, for most general commodity pactions, the practice of "inspection by the exporting country and reinspection of the importing country" is the most convenient and reasonable, because on the one hand, it affirms that the seller's inspection certificate is an effective delivery and settlement certificate, and also confirms that the buyer has the right to reclaim after receiving the goods, which is in conformity with the provisions of the laws of various countries and the international conventions.
This practice is widely adopted in China's foreign trade.
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