Wrong part or defect arrived: what to do, step by step

If the wrong part arrives, or one with a defect, act in this order: stop, record, check, notify in writing, state the claim, keep the disputed goods. The main thing is not to install the part until the matter is settled. While it is in its packaging, you can see the condition it was delivered in. After installation a dispute begins over whose defect it is: the plant's or the installation's.

Step 1. Stop

Do not put the part on the machine, even if it "seems to fit". Do not throw away the packaging and tags. If the defect is found during installation, stop work and photograph everything as it is.

Step 2. Record

Three things are needed:

• photos: the general view, the marking or nameplate close up, the defect itself, the part next to a ruler or next to the old part;
• a report: what arrived, in what quantity, what is wrong; who inspected, the date, signatures;
• the package number and the packing list: which part of the lot the finding belongs to.

If the finding was made at unloading, all this is already in the acceptance report. If later, draw up a separate report on the defects found.

Step 3. Check and understand what exactly happened

Compare what arrived with three papers: your request, the specification to the contract and the pre-shipment inspection report, if there was one. The answer decides whom to approach.

The last row matters. If the request had the wrong number, the supplier delivered what was asked for. It is more honest to admit this at once and count a new delivery than to spend time on a claim.

The pre-shipment inspection report helps a lot here. If it records that the marking and quantity matched, and something else arrived, the matter is clear. If the report already notes a deviation that you accepted, that is also visible.

Step 4. Notify in writing

A phone call does not replace a letter. The notice should contain:

• the contract and specification number, the item number;
• what was ordered and what arrived, with a reference to the marking;
• a description of the defect in plain words;
• references to the photos and the report;
• your claim (step 5).

Check the time limit in the contract. Under the Civil Code of Uzbekistan, the seller is notified of non-conformity in quantity, assortment, quality, completeness, containers and packaging within the period set by law or the contract, and if none is set, within a reasonable time (Article 416). For supply contracts the law requires written notice without delay (Article 446). Being late gives the seller grounds to refuse if it proves that because of this it cannot meet the claim or bears disproportionate costs.

If the contract is with a foreign seller, the UN Vienna Convention (CISG) may apply: both Uzbekistan and China are parties to it, unless the parties excluded it in the contract. Under the Convention, goods are examined within as short a period as is practicable, and if they are carried, after arrival (Article 38). Non-conformity is notified within a reasonable time; no later than two years from the handing over of the goods, unless a contractual warranty gives longer (Article 39).

Step 5. State the claim

The law gives a choice. Under the Civil Code (Article 434, to which Article 451 on supply refers), for defects in quality the buyer may demand:

1. replacement with goods of the same brand and part number;
2. replacement with a different brand with the price recalculated;
3. repair of the defects free of charge or reimbursement of the cost of repair;
4. a proportionate reduction of the price;
5. termination of the contract with compensation for losses.

If, after the notice, the supplier promptly replaces the goods with goods of proper quality, no other claims are then made against it (Article 451). Under the CISG, replacement can be demanded in case of a fundamental breach of contract, and repair if it is reasonable; this is claimed together with the notice or soon after it (Article 46).

For an industrial part one answer is usually needed: the same item, the right one. Write that first.

Step 6. Keep the disputed goods

Do not sell, dismantle or scrap the disputed part. If you have lawfully refused the goods, you must keep them and notify the supplier immediately (Article 447). The supplier must dispose of them within a reasonable time; it reimburses the storage costs.

How we do it

• The basis is the report signed on acceptance. A defect recorded in the report is replaced: our contract is with the manufacturing plant, and the plant is obliged to supply a replacement.
• We chase the replacement. You do not need to talk to the plant.
• If requirements on your side have changed, we count a new delivery. We do not offer to substitute from warehouse stock.