Procedure for handling goods with hidden defects

Claims for hidden defects discovered by the Buyer are accepted no later than 30 days from the date of delivery of the Goods provided that the Buyer complies with the rules of storage of the Goods in accordance wit the Safety Data Sheet of Producer.

The Seller is responsible only for those defects of the Goods, which arose on the Seller's fault before the moment of transfer of the Goods to the Buyer. The proof of the moment of occurrence of defects of the Goods is the responsibility of the Buyer.

The Goods can only be declared as non-conforming if it is tested by an independent certified laboratory in accordance with ASTM standard for corresponding grade and only by the parameters agreed upon the Purchasing Specification (Manufacturer's Inspection certificates (CoA) or Test Reports). All test results, on the basis of which a decision is made on the quality of the Goods, should be provided to the Seller, indicating the methods used, conditions and procedures.

The expert test results should contain at the same time expert conclusions on the following issues:

  1. whether the Goods are defective (have hidden defects), that is, does not meet the parameters specified in the CoA or Test Reports,
  2. whether the defect occurred before the acceptance of the Goods by the Buyer or due to reasons that existed before the acceptance of the Goods by the Buyer.

Only unambiguous (definite) conclusions of the examination on all these issues, confirming the presence of a defect and its occurrence before the acceptance of the Goods by the Buyer or due to reasons that existed before the acceptance of the Goods by the Buyer, give the Buyer the right to make a claim to the Seller. After receiving a claim from the Buyer with an expert tests results, the Supplier can re-examine the quality of the Goods by asking other independent certified expert laboratory the same questions.

In case of the hidden defects of the Goods, established by the quality goods inspection, the Seller has to be informed and can decide if he agrees to have the material returned. Defective Goods shall be tested in an independent laboratory agreed with the Seller at the Buyer's expense.

In case according to the results of the examination the improper quality of the Goods is recognized, the Buyer's expenses for the examination shall be reimbursed by the Seller to the Buyer.

Without performing all these actions, the Buyer cannot make claims to the Seller on hidden defects (defects of quality) of the Goods.