This Instruction applies in all cases where standards, technical specifications, General and Special Conditions of Delivery, or other mandatory rules do not establish a different procedure for the acceptance of industrial products and consumer goods by quantity.
For the purpose of preserving products and goods during shipments and creating conditions for their timely and proper acceptance by recipients, the association and its production unit, enterprise, organization <2> - the sender - are obliged to ensure:
a) strict compliance with the established rules of packaging and containerization of products, marking and sealing of individual packages;
b) accurate determination of the quantity of shipped products (weight, number of packages: boxes, bags, bundles, bales, packs, etc.);
c) when shipping products in packaged or containerized units - the inclusion in each container unit of a document (packing label, bale card, etc.) provided for by standards, technical specifications, Special Conditions of Delivery, other mandatory rules or the contract, certifying the name and quantity of products contained in this container unit;
d) clear and precise execution of shipping and settlement documents, correspondence of the data on the quantity of products indicated in them to the actually shipped quantity, timely sending of these documents to the recipient in the prescribed manner;
e) strict compliance with the current transport rules for the delivery of goods for carriage, their loading and securing;
f) systematic monitoring of the work of persons engaged in determining the quantity of shipped products and preparing shipping and settlement documents for them.
The recipient enterprise is obliged to ensure the acceptance of products by quantity in strict accordance with the standards, technical specifications, General and Special
Conditions of Delivery, this Instruction, other mandatory rules and the contract.
When accepting cargo from transport authorities, the recipient enterprise, in accordance with the current rules for the carriage of goods by transport, is obliged to check whether the safety of the cargo during transportation was ensured, in particular:
a) check in appropriate cases the presence on the vehicles (wagon, tank, barge, ship's hold, truck, etc.) or on the containers of the sender's or point of departure (station, pier, port) seals, the serviceability of the seals, the imprints on them, the condition of the wagon, other vehicles or container, the presence of protective cargo markings, as well as the serviceability of the packaging;
b) check the compliance of the cargo name and transport markings on it with the data specified in the transport document, and demand from the transport authorities the issuance of the cargo by number of packages or weight in all cases where such an obligation is imposed on them by the rules in force on transport and other regulatory acts.
If the cargo is issued without checking the number of packages or weight, the recipient, in the manner prescribed by the rules for processing the issuance of cargo, is obliged to demand from the transport authorities that an appropriate note be made on the transport document.
In all cases where damage or spoilage of the cargo, discrepancy between the name and weight of the cargo or the number of packages and the data specified in the transport document is established upon acceptance of the cargo from the transport authorities, as well as in all other cases provided for by the rules in force on transport, the recipient is obliged to demand from the transport authority the drawing up of a commercial act (a note on the consignment note or the drawing up of an act - when the cargo is delivered by road).
If the transport authority incorrectly refuses to draw up a commercial act, the recipient is obliged, in accordance with the rules in force on transport, to appeal this refusal and accept the products in the manner prescribed by this Instruction.
Acceptance of products supplied without packaging, in open packaging, as well as acceptance by gross weight and number of packages of products supplied in packaging, is carried out:
a) at the recipient's warehouse - when the products are delivered by the supplier; b) at the supplier's warehouse - when the products are removed by the recipient;
c) at the place of opening of sealed or at the place of unloading of unsealed vehicles and containers or at the warehouse of the transport authority - when the products are delivered and issued by the railway, water, air or road transport authority.
When the supplier delivers products in packaging to the recipient's warehouse, the latter, in addition to checking the gross weight and number of packages, may require the opening of the packaging and checking the net weight and number of product units in each place.
Acceptance of products received in sound packaging by net weight and number of product units in each place is carried out, as a rule, at the end recipient's warehouse.
Buyers - bases of sales, supply, procurement organizations, wholesale and retail trade enterprises that forward products in the container or packaging of the original sender (manufacturer) must accept products by quantity inside the container units only in cases provided for by mandatory rules or the contract, as well as in case of discrepancy between the actual gross weight and the gross weight specified in the accompanying documents.
If the products arrived in damaged packaging, then the acceptance of the products by net weight and the number of product units in each container unit is carried out by the recipients in the manner specified in paragraph 6 of this Instruction, i.e., where the acceptance of the products by gross weight and number of packages is carried out.
The procedure for accepting products supplied in packaging, established by this Instruction, also applies to the acceptance of banded or sealed packs (bundles) in cases where it is impossible to remove products from the pack (bundle) without violating the integrity of the band or packaging or without removing the seal.
Acceptance of products is carried out within the following time limits:
a) products received without packaging, in open packaging and in damaged packaging - at the time of receipt from the supplier or from the transport authority's warehouse or at the time of opening sealed and unloading unsealed vehicles and containers, but no later than the deadlines established for their unloading;
b) products received in sound packaging:
by gross weight and number of packages - within the time limits specified in subparagraph "a" of this paragraph; by net weight and number of product units in each place - simultaneously with the opening of the packaging, but no later than 10 days, and for perishable products no later than 24 hours from the moment of receipt of the products - when the products are delivered by the supplier or when they are removed by the recipient from the supplier's warehouse and from the moment of issuance of the cargo by the transport authority - in all other cases.
In the regions of the Far North, remote areas and other areas of early delivery, acceptance of industrial products is carried out no later than 30 days from the moment of its arrival at the recipient's warehouse. In these regions, acceptance of industrial consumer goods is carried out no later than 60 days, food products (except for perishable ones) - no later than 40 days, and perishable goods - no later than 48 hours from the moment of their arrival at the recipient's warehouse.
Acceptance is considered to have been made in a timely manner if the check of the quantity of products is completed within the established time limits.
Acceptance of products is carried out by persons authorized by the head or deputy head of the recipient enterprise. These persons are responsible for the strict observance of the rules of acceptance of products.
The recipient enterprise is obliged to:
a) create conditions for the correct and timely acceptance of products that would ensure their safety and prevent the possibility of shortages and theft of products;
b) ensure that the persons carrying out the acceptance of products are well aware of this Instruction, as well as the rules for the acceptance of products by quantity, established by the relevant standards, technical conditions, General and Special Conditions of Delivery, other regulatory acts and the supply contract for these products;
c) ensure the accurate determination of the quantity of received products (weight, number of packages: boxes, bags, bundles, bales, packs, etc.);
d) systematically monitor the work of persons who are entrusted with the acceptance of products by quantity, and prevent violations of the rules of acceptance of products.
Acceptance of products by quantity is carried out according to the transport and accompanying documents (invoice, specification, inventory, packing labels, etc.) of the sender (manufacturer). The absence of these documents or some of them does not suspend the acceptance of products. In this case, an act on the actual availability of products is drawn up and the act indicates which documents are missing.
Upon simultaneous receipt of products in several wagons, containers or trucks, the cost of which is paid under one settlement document, the recipient is obliged to check the quantity of products received in all wagons, containers or trucks, if the rules mandatory for the parties or the contract do not provide for the possibility of a partial (selective) check.
The acceptance report must indicate the quantity of products received separately in each wagon, container or truck.
The quantity of received products upon acceptance must be determined in the same units of measurement as indicated in the accompanying documents.
If the sender indicated the weight of the products and the number of packages in these documents, then the recipient, when accepting the products, must check its weight and the number of packages.
Checking the net weight is carried out in the manner established by standards, technical conditions and other rules mandatory for the parties.
If it is impossible to weigh the products without packaging, the net weight is determined by checking the gross weight at the time of receipt of the products and the weight of the packaging after it is released from the products. The results of the check are formalized by acts.
The act on the weight of the packaging must be drawn up no later than 10 days after its release, and on the weight of the packaging from under wet products - immediately after the release of the packaging from under the products, unless other deadlines are established by the Special Conditions of Delivery or the contract. The act on the results of checking the weight of the packaging also indicates the net weight of the products, determined by subtracting the weight of the packaging from the gross weight.
Determining the net weight by subtracting the weight of the packaging from the gross weight according to the data specified in the accompanying and transport documents, without checking the actual gross weight and the weight of the packaging, is not allowed.
Checking the weight of the packaging in other cases is carried out simultaneously with checking the net weight.
Selective (partial) checking of the quantity of products with the spread of the results of checking any part of the products to the entire batch is allowed when it is provided for by standards, technical conditions, Special Conditions, other mandatory rules or the contract.
If a shortage is discovered during the acceptance of products, the recipient is obliged to suspend further acceptance, ensure the safety of the products, and also take measures to prevent them from being mixed with other homogeneous products.
An act on the identified shortage of products is drawn up with the signatures of the persons who performed the acceptance of the products.
If, during the acceptance of products, a discrepancy between the gross weight of individual packages and the weight indicated in the transport or accompanying documents or on the stencil is revealed, the recipient should not open the packaging and packaging.
If, with the correct gross weight, a shortage of products is established when checking the net weight or the number of product units in individual packages, the recipient is obliged to suspend the acceptance of the remaining packages, preserve and present to the representative called to participate in further acceptance (clauses 17 and 18 of this Instruction), the packaging and packaging of the opened packages and the products that were inside these packages.
Simultaneously with the suspension of acceptance, the recipient is obliged to call for participation in the continuation of the acceptance of products and the drawing up of a bilateral act a representative of the local sender, and if the products are received in the original packaging or in the damaged packaging of the manufacturer, who is not the sender, - a representative of the local manufacturer. A representative of a non-local sender (manufacturer) is called in cases provided for in the General and Special
Conditions of Delivery, other mandatory rules or in the contract. In these cases, the non-local sender (manufacturer) is obliged to inform by telegram or telephone message no later than the next day after receiving the recipient's call whether a representative will be sent to participate in the check of the quantity of products. Failure to receive a response to the call within the specified period gives the recipient the right to carry out the acceptance of the products before the expiration of the established period for the appearance of the sender's (manufacturer's) representative.
A representative of a local sender (manufacturer) is obliged to appear no later than the next day after receiving the call, unless a different time of appearance is specified in it, and for perishable products - within 4 hours after receiving the call.
A representative of a non-local sender (manufacturer) is obliged to appear no later than 3 days after receiving the call, not counting the time required for travel, unless another period is provided for in the General and Special Conditions of Delivery, other mandatory rules or in the contract.
The sender's (manufacturer's) representative must have a credential for the right to participate in the acceptance of products from the recipient.
The sender (manufacturer) may authorize an enterprise located at the place of receipt of the products to participate in the acceptance. In this case, the credential is issued to the representative by the enterprise that allocated him. The credential must contain a reference to the document by which the sender authorized this enterprise to participate in the acceptance of products.
17a. Notification of the call of the sender's (manufacturer's) representative must be sent (transmitted) to him by telegraph (telephone) no later than 24 hours, and for perishable products immediately after the discovery of the shortage, unless other deadlines are established by the General and Special Conditions of Delivery, other rules mandatory for the parties or the contract.
The notification must indicate:
a) the name of the product, the date and number of the invoice or the number of the transport document, if the invoice has not been received by the time of the call;
b) the quantity of missing products and the nature of the shortage (number of individual packages, shortage inside the packaging, shortage in damaged packaging, etc.);
c) the condition of the seals;
d) the cost of the missing products;
e) the time for which the acceptance of products by quantity is scheduled.
If the sender's (manufacturer's) representative does not appear upon the recipient's call, as well as in cases where calling a non-local sender's (manufacturer's) representative is not mandatory, the acceptance of products by quantity and the drawing up of an act on the shortage is carried out:
a) with the participation of a representative of another enterprise (organization), allocated by the head or deputy head of this enterprise (organization), or
b) with the participation of a representative of the public of the recipient enterprise, appointed by the head or deputy head of the enterprise from among the persons approved by the decision of the factory, plant or local trade union committee of this enterprise, or
c) unilaterally by the recipient enterprise, if the sender (manufacturer) has agreed to a unilateral acceptance of the products.
The heads or deputy heads of enterprises and organizations, at the request of recipient enterprises, allocate representatives to them to participate in the acceptance of products by quantity.
Representatives for participation in the acceptance of products should be persons competent in matters of determining the quantity of products to be accepted. Financially responsible persons and persons subordinate to them, as well as persons associated with the accounting, storage, acceptance and release of material assets, should not be allocated as representatives of the public of the recipient enterprise. In particular, the heads of enterprises and their deputies (even in cases where they are not financially responsible persons), employees of the technical control department, accountants, commodity experts associated with the accounting, storage, release and acceptance of material assets, employees of the legal service of these enterprises, claims handlers cannot be allocated as representatives of the public of the recipient enterprise.
A representative of the public of the recipient enterprise or a representative of another enterprise may participate in the acceptance of products from this recipient enterprise no more than twice a month.
The term of office of representatives of the public of the recipient enterprise, allocated by the factory, plant, local trade union committee for the acceptance of products by quantity, may be established for the term of office of this trade union committee.
The representative allocated to participate in the acceptance of products by quantity is issued a properly executed and sealed one-time credential signed by the head of the enterprise (organization) or his deputy.
The credential for the right to participate in the acceptance of products by quantity must indicate:
date of issue of the credential and its number;
surname, name and patronymic, place of work and position of the person to whom the credential is issued;
for participation in the acceptance of which particular products the representative is authorized.
If a representative of the public (clause 18 "b" of this Instruction) is allocated to participate in the acceptance of products, then the credential also indicates the date and number of the decision of the factory, plant or local committee by which this representative was allocated to the enterprise.
The credential is issued for the right to participate in the acceptance of a specific batch of products. The issuance of a credential for any period (decade, month, etc.) is not allowed.
For the acceptance of products on weekends or holidays, the credential may be issued on the last pre-weekend or pre-holiday day for each day separately without specifying a specific batch of products.
A credential issued in violation of the rules of this Instruction is invalid.
Persons who are involved by the recipient enterprise to participate in the acceptance of products must be familiarized with this Instruction. They are obliged to strictly comply with the requirements of this Instruction and take all measures within their power to identify the causes and place of the shortage of products.
Persons carrying out the acceptance of products by quantity have the right to certify with their signature only those facts that were established with their participation. It is prohibited to enter into the act data that were not established directly by the participants of the acceptance.
For signing an act on the acceptance of products by quantity containing data that does not correspond to reality, persons who took part in the acceptance of products by quantity bear responsibility established by law.
Representatives of other enterprises and organizations allocated to participate in the acceptance of products are not entitled to receive remuneration from the recipient enterprise for participation in the acceptance of products.
Acceptance of products, as a rule, should be carried out without interruption. If, due to the duration of the check or for any other valid reasons, the acceptance work was interrupted, the recipient is obliged to ensure the safety of the products and the possibility of its earliest completion.
A note is made in the act, drawn up in accordance with paragraph 25 of this Instruction, about the interruption in the work on acceptance of products, its causes and the conditions of storage of products during the interruption.
If, during the acceptance of products with the participation of a representative specified in clause 17 or clause 18 of this Instruction, a shortage of products is revealed against the data specified in the transport and accompanying documents (invoice, specification, inventory, packing labels, etc.), then the results of the acceptance of products by quantity are formalized by an act. The act must be drawn up on the same day when the shortage was discovered.
The act on the shortage of products must indicate:
a) the name of the recipient who drew up the act, and his address;
b) the date and number of the act, the place of acceptance of the products and drawing up of the act, the time of the beginning and end of the acceptance of the products, in cases where the acceptance of the products was carried out in violation of the established deadline - the reasons for the untimely acceptance, the time of their occurrence and elimination;
c) surname, name and patronymic of the persons who took part in the acceptance of products by quantity and in the drawing up of the act, their place of work, positions held, date and number of the document on the representative's authority to participate in the acceptance of products, as well as an indication that these persons are familiar with the rules of acceptance of products by quantity;
d) the name and addresses of the sender (manufacturer) and the supplier;
e) the date and number of the telephone message or telegram about the call of the sender's (manufacturer's) representative;
f) the date and number of the invoice and the bill of lading (bill of lading);
g) the date of shipment of the products from the station (pier, port) of departure or from the sender's warehouse;
h) the date of arrival of the products at the station (pier, port) of destination, the time of issuance of the cargo by the transport authority, the time of opening the wagon, container, truck and other sealed vehicles, the time of delivery of the products to the recipient's warehouse;
i) the number and date of the commercial act (act issued by the road transport authority), if such an act was drawn up when receiving the products from the transport authority;
j) the conditions of storage of products in the recipient's warehouse before their acceptance, as well as information that the determination of the quantity of products was carried out on serviceable scales or other measuring instruments checked in the prescribed manner;
k) the condition of the packaging and packaging at the time of inspection of the products, the content of the external marking of the packaging and other data on the basis of which it is possible to conclude in whose packaging the products are presented - the sender's or the manufacturer's, the date of opening the packaging;
l) in case of selective checking of products - the procedure for selecting products for selective checking indicating the grounds for selective checking (standard, technical conditions, Special Conditions of Delivery, contract, etc.);
m) under whose weight or seals (sender or transport authority) the products were shipped, the serviceability of the seals and the content of the imprints in accordance with the rules in force on transport; the total weight of the products - actual and according to documents; the weight of each package in which a shortage was found - actual and according to the stencil on the packaging (packaging);
n) transport and sender's marking of packages (according to documents and actually), the presence or absence of packing labels, seals on individual packages;
o) by what method the quantity of the missing products was determined (weighing, counting packages, measuring, etc.), whether the missing products could fit in the container unit, in the wagon, container, etc.;
p) other data that, in the opinion of the persons participating in the acceptance, must be indicated in the act to confirm the shortage;
q) the exact quantity of the missing products and its cost; r) conclusion on the causes and place of the shortage.
If during the acceptance of products not only a shortage but also an excess of it compared to the transport and accompanying documents of the sender (manufacturer) is simultaneously revealed, then the act must contain accurate data on these surpluses.
The act must be signed by all persons who participated in the acceptance of products by quantity. A person who disagrees with the content of the act is obliged to sign the act with a note of disagreement and state his opinion.
In the act, before the signature of the persons who participated in the acceptance, it must be indicated that these persons have been warned that they are responsible for signing an act containing data that does not correspond to reality.
The act of acceptance of products is approved by the head or deputy head of the recipient enterprise no later than the next day after the drawing up of the act.
In cases where the acceptance was made on a day off or holiday, the act of acceptance must be approved by the head of the recipient enterprise or his deputy on the first working day after the day off or holiday.
In cases where the results of acceptance reveal facts of abuse or theft of products, the head or deputy head of the recipient enterprise is obliged to immediately inform the public order protection authorities or the prosecutor's office and send them the relevant documents.
The following must be attached to the acceptance act that establishes a shortage of products:
a) copies of accompanying documents or a collation sheet, i.e., a sheet of reconciliation of the actual availability of products with the data specified in the sender's (manufacturer's) documents;
b) packing labels (bale cards, etc.) inserted in each container unit;
c) receipts of the destination station (pier, port) on checking the weight of the cargo, if such a check was carried out;
d) seals from container units in which a shortage was found;
e) the original transport document (bill of lading, bill of lading), and in case of a claim by the recipient to the transport authority related to this document - its copy;
f) a document certifying the authority of the representative allocated to participate in the acceptance;
g) an act drawn up in accordance with clause 16 of this Instruction;
h) a document containing data of weighings and measurements, if the quantity of products was determined by weighing or measuring;
i) other documents that may testify to the causes of the shortage (analyses for the moisture content of products that have appropriate moisture tolerances, information on ice supply, commercial acts, etc.);
j) for the act of acceptance of perishable products - a statement of supply and cleaning of wagons, a memo of the acceptance officer, if drawn up, or a natural sheet.
Acts of acceptance of products by quantity are registered and stored in the manner established at the recipient enterprise.
A claim in connection with the shortage of products is presented to the sender (supplier) within the established period.
If surpluses of accepted products are identified, the recipient immediately informs the sender (supplier) about this.
In case of a shortage of products received in the original packaging or in the undamaged packaging of the manufacturer, the claim and the documents justifying it must also be sent to the manufacturer of the products. If the manufacturer or his location is unknown to the recipient, the claim in two copies is sent to the sender (supplier), who, immediately after its receipt, is obliged to send one copy of the claim to the manufacturer, notifying the recipient thereof.
The claim for the shortage of products must be accompanied by an act on the shortage with the attachments specified in clause 27 of this Instruction, if they are not available from the sender (manufacturer, supplier).
Upon receipt of a claim for a shortage of products, the head or deputy head of the sender (manufacturer) enterprise appoints an official check on the materials of the claim.
The materials of the check are considered and approved by the head or deputy head of the sender (manufacturer) enterprise.
In cases where the check reveals facts of abuse or theft of products, the head of the sender enterprise is obliged to immediately inform the public order protection authorities <3> or the prosecutor's office and send them the relevant documents.
The sender (manufacturer, supplier) informs the recipient of the results of the consideration of the claim within the established period.
When the buyer ships products without opening the packaging of the original sender (manufacturer), the latter is not relieved of responsibility for the shortage of products if the shortage arose not through the fault of the buyer who forwarded the products.
The buyer who shipped the products without opening the packaging of the original sender (manufacturer), when refusing to satisfy the claim presented in connection with the shortage of products, in addition to the reasons for the refusal, must report the date of receipt of this product by him, as well as the date and number of the sender's (manufacturer's) invoice.
If, under the current legislation, there are grounds for imposing liability for the shortage of cargo on the transport authorities, the recipient is obliged to present a claim to the relevant transport authority in the prescribed manner.