Article 691. Price of Goods

Goods Sold

Article 680. Terms for Detection of Defects and Raising Claim Due to Defects of the

1. The buyer shall be entitled to claim against the goods defects, provided these defects are detected in the terms established by this Article, unless otherwise is stipulated by the agreement or the law.

2. If the goods have no warranty period or serviceable life, the claim against their defects may be raised by the buyer, provided the defects are detected during a reasonable period but within the limits of two years and for the real estate – within the limits of three years since the goods were transferred to the buyer, unless a longer period is established by the agreement or the law.

If the day for the real estate transfer is impossible to identify or the buyer owned the real estate before the contract conclusion, the indicated term shall be calculated since the day of the contract conclusion.

Term for detection of defects in goods transported or sent by post shall be calculated since the day of the goods receipt at the place of destination.

3. If the goods have a warranty period, the buyer shall be entitled to claim against the defects detected during this period.

If a warranty period for the component part is shorter than for the main product, the buyer shall be entitled to claim against the defects of the component part, if these defects are detected during a warranty period for the main product.

If a warranty period for the component part is longer than for the main product, the buyer shall be entitled to claim against the goods defects, if the defects in the component part are detected during its guarantee period irrespective of the warranty period expiration for the main product.

4. The buyer shall have the right to claim against the defects of goods with the established serviceable life, provided these defects are detected during the serviceable life of goods.

5. If the buyer detects the defects after expiration of the warranty period or serviceable life of goods, the seller shall bear responsibility, provided the buyer proves that the goods’ defects appeared prior to the goods transfer or by the reasons existed before this moment.

1. The buyer shall be obliged to pay for the goods the price set in a sales contract or if the price is not set in a sales contract and cannot be discovered based on the contract’s provisions – the price established by Article 632 of this Code and to take actions at his own cost which pursuant to a sales contract, civil law acts, or common requirements are necessary to effect payment.

2. If the price is set subject to the weight of goods, it shall be established per a net weight, unless otherwise is specified by a sales contract.

3. If a sales contract specifies that the goods’ price is subject to changes depending on the indices that stipulate the price (production cost, inputs, etc.) but the method of its revision is

not defined, the price shall be established based on the correlation of these indices as of the moment of a sales contract conclusion and as of the moment of the goods delivery.

If the seller delayed in fulfillment of his obligation on goods delivery, the price shall be established based on the correlation of these indices as of the moment of a sales contract conclusion and as of the day of the goods delivery specified in the contract and if the day is

not specified – as of the day determined pursuant to Article 530 of this Code.

Provision of this part on establishing the goods price shall be applicable, unless otherwise is established by the civil law acts or results from the essence of the obligation.

Дата добавления: 2014-01-07