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Commodity expertise

Commodity expertise

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Determining the cost of goods, equipment

Determination of quality indicators and characteristics of goods, equipment

Examination of household appliances

Examination of raw materials

Determination of the amount of material damage due to flooding and fire

Determination of the cost of equipment repair



Commodity examination is a study of goods, raw materials, equipment to determine their quality, characteristics, the amount of material damage caused by their damage, the cost of repair and restoration work on them, as well as their compliance with existing standards. Commodity examination is an examination of: machinery, equipment, raw materials and consumer goods, various equipment; automotive; transport and cargo research, etc. Commodity examination can be carried out both at the initiative of the buyer and at the request of the manufacturer or seller who wants to make sure of the appropriate quality of products. Similar investigations are ordered in the process of investigating criminal cases and trials related to theft, counterfeiting and other crimes.



The main tasks of commodity examination are:

  • determining the value of marketable products, including taking into account the partial loss of its marketable qualities due to operational wear and damage from external factors;
  • determining the affiliation of marketable products to the classification categories that are accepted in the production and trade sphere (type, variety, article, brand, model, size, completeness, etc.);
  • determination of characteristics of objects of research according to requirements of the Ukrainian classifier of the goods of foreign economic activity;
  • determination of changes in quality indicators of marketable products (have a production nature, arose during transportation, storage, during operation, etc.);
  • establishing the method of production of marketable products: industrial or home-made, the manufacturer, the country of origin;
  • determining the compliance of packaging and transportation, conditions and terms of storage of marketable products to the requirements of applicable rules.



An indicative list of issues to be addressed
  • What is the cost of research objects both on the territory of Ukraine and abroad?
  • What is the name and purpose of the goods?
  • Do the labeling data correspond to the actual product characteristics of the product?
  • Does the quality of the product meet the requirements of standards, technical conditions, provided to the samples on organoleptic parameters?
  • What are the defects of a particular product? Are these defects significant? Is it possible to sell (operate) the product in the presence of detected defects?
  • What are the conditions of acceptance, storage and release of goods?
  • Are the markings and packaging of the goods done correctly? Does the labeling and packaging of the product meet the requirements of regulatory and technical documentation or samples?
  • Which company and when manufactured the goods (subject to the availability of marking information or relevant accompanying documents)?
  • What are the characteristics of the product according to the Ukrainian classifier of goods of foreign economic activity?
  • What is the amount of material damage caused to the property owner as a result of damage to this property (in case of fire, flooding, etc.)?
  • What is the market value of grain (legumes) as of the date of the contract (as of the current date), taking into account its quality indicators?



Together with the document on the appointment of the examination (involvement of an expert) the object of research is provided to the expert. Bulky items are examined at the location. If access to the facilities is restricted, the body (person) that appointed the expertise (involved the expert) is obliged to provide the expert with the opportunity to inspect them. The review, if necessary, is conducted in the presence of the parties to the case (other interested parties).

The object of commodity examination are units of food or non-food products, as well as any material items that contain information about the commodity origin of the object of study: accompanying documentation, technical descriptions and recommendations for the use, storage and movement of products. Objects that were already in use, obsolete and even parts of the product are also subject to commodity examination. It should be noted that if a certain material object does not have the characteristic features that indicate its commodity essence, it can not be considered as an object of appropriate examination. If, for example, as a result of exposure to fire, water or chemicals, the product has lost its design characteristics, the conduct of commodity examination is not possible.

 

The objects of research are sent to the expert in a package that ensures their safety. When sending research objects by postal services (for example, Nova Poshta), always use the status of sending: Fragile, even if the research object is solid, and check that the container in which the shipment is located is filled with a special filler.

 

If the expert is asked about the value of the goods (property), the body (person) who appointed the expertise (involved the expert), as a rule, indicates the state for which time the question should be resolved.

The examination may be asked about the value of the missing goods (property). In such cases, the document on the appointment of the examination (involvement of an expert) indicates the absence of the object and indicates the case materials on the basis of which the examination should be conducted (invoices, bills of lading, descriptions in statements of claim, protocols of interrogation of victims, etc.).

Depending on the areas of research, which are carried out taking into account the requirements used for expert evaluation of a particular product, commodity expertise is classified into the following types:

  • examination of the quantity of goods;
  • examination of product quality;
  • examination of the completeness of the goods;
  • examination of consumer properties of goods;
  • examination of novelty of goods;
  • examination of the origin of goods;
  • examination of the regulatory framework for goods (regulatory documentation);
  • identification of the type or variety of goods;
  • examination of the value (price) of the goods and the degree of its reduction;
  • examination of the level of product quality and the degree of its reduction;
  • examination of conformity of the product code of TN FEA;
  • examination of conformity of goods to a certain certification system;
  • examination of the optimality of the structure of the range of goods;
  • examination of product competitiveness.

 

Questions answered by a forensic expert during the commodity examination

A forensic expert who conducts a commodity examination answers a wide range of questions concerning the various characteristics of the object under study, its scope, the condition of the goods, the factors of preservation of the object or the circumstances that caused the decline in its quality. When asking questions should take into account the competence of the expert in the field of commodity examination. Yes, there is a list of questions that a commodity expert has no right to answer. For example, a specialist cannot determine whether two parts belong to the same product. To establish such facts, it is necessary to conduct other types of examinations with the involvement of materials or trasological analysis. The commodity expert can determine whether the parts of the object under study belong to the same type of product (one model of clothing, for example).

 



If you bought a substandard product, first of all determine how much time has passed since its purchase. The consumer to whom the goods of improper quality have been sold has the right to demand from the seller to replace it with new, proper quality. This can be done if the defect was found within fourteen days from the date of purchase of the goods, in accordance with Article 8, paragraph 6 of the Law of Ukraine "On Consumer Protection". If this period has expired, in case of detection during the warranty period of significant defects caused by the manufacturer (seller, performer), or falsification of the goods, confirmed if necessary by the conclusion of the examination, the consumer, in the manner and within the time limits established by law and on the basis of rules or contract binding on the parties, has the right to choose from the seller or manufacturer to replace the product with the same product.

In this case, our expert will quickly and competently determine the quality of the product by the presence of defects, the cause of their occurrence, compliance with the requirements of regulatory documentation. Based on the results of the examination, an expert opinion will be drawn up, with which you can apply to the store, or to the Society for Consumer Protection, or directly to the court to return the defective goods and return your money. The store will also be obliged to reimburse you for the cost of the examination.

The expert opinion issued to the customer has the status of an official document of evidentiary value and can be used in court. Acts of examinations, drawn up as a result of their conduct, which confirm the improper quality, the fact of damage to the goods or shortage of products supplied, are accepted as evidence by all arbitral tribunals, including foreign ones.



What is needed for the examination:

Together with the object of examination, experts must provide all the necessary documentation for the studied products: sales contracts, checks, specifications, certificates of quality and safety of the manufacturer, certificates of origin, composition and technical description of the object, etc.

Sometimes there may be a dispute about the cause of the defects of the product. In this case, according to the Law, the seller is obliged to conduct an examination of the quality of the goods at his own expense. But this is a rare practice, unless it is a fairly expensive product or service.



What document will be obtained as a result?

The conclusion of the expert commodity research or the conclusion of the expert (if forensic examination was carried out) is provided. When conducting a forensic examination, the requirements of procedural legislation regarding the signature on criminal liability and instructions on information about court proceedings are also taken into account.

 

The list of the basic questions which are put at carrying out commodity examination:

1. Does the quality of the goods correspond to the information indicated on the packaging or in the accompanying documentation?

2. Does the actual quantity of the product match the data on the package?

3. What are the actual characteristics of the product?

4. Do the actual characteristics match the markings on the label or packaging?

5. What are the differences between the established characteristics of the product and the indicators contained on the package or in the accompanying documentation?

6. Does the quality of the object under study meet the requirements of the standards developed for this group of goods?

7. What are the deviations of product quality from these standards?

8. Is it permissible to sell the studied products? Is it possible to recycle or dispose of it?

9. Does the packaging meet the requirements of the relevant quality standards?

10. Could storage conditions affect the quality of the object under study?

11. What rules of acceptance of goods could be violated?

12. Does the object under study have defects?

13. What are the causes of defects?

14. Do defects have a production origin?

15. Is the chosen method of calculating the rate of natural loss, taking into account the actual conditions of transportation and storage of goods?

16. What is the residual value of the damaged product?

17. What is the value of the object under study, taking into account the wear immediately before the impact of fire, flooding, etc.?

18. How much has the quality and price of goods damaged by flooding, fire, chemical pollution?

 



 

Terms of service

The approximate terms are:

  • for forensic examinations - 60 days;
  • for expert research - 10 days.

The exact terms will be calculated at the time of order, taking into account the scope of the study and the current workload of specialists within the limits provided for paragraph 1.13. Section I "Instructions on the appointment and conduct of forensic examinations and expert research", approved by the Order of the Ministry of Justice of Ukraine 08.10.1998 № 53/5.

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