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Contract and documents

Plant or trader: who replaces a defective part

A defect is claimed from the party you signed the contract with. If the contract is with the manufacturing plant, the plant replaces the part. If it is with a trader, it depends on whether the trader has a contract with the plant.

Updated

Contents
  1. Three differences
  2. Comparison
  3. When a trader is the right choice
  4. What to ask any supplier
  5. How we do it

The difference between a plant and a trader shows not on the day of purchase but on the day a defect arrives. A claim goes to the party you signed the contract with. If the contract is with the manufacturing plant, the matter is settled with the one who made the part. If it is with a trader, he can replace it only at his own expense, or go to his own supplier, if he has such a contract. Below: what else differs, and when a trader still fits.

Three differences

Length of the chain

A trader often does not reach the plant himself. He buys from a wholesaler, who buys from another wholesaler or from an acquaintance in China. Each link adds its own margin and knows a little less about the goods than the one before. When the plant answers a question about tolerance or material, the answer passes through three or four retellings.

Supply from the plant is one link between you and the manufacturer. The question goes to the one who made the part, and the answer comes from him.

Origin

On the market, different things lie under one number: a plant-made item, a copy, a part from someone else's production after repair, an item that has sat in a warehouse for years. By looks, it is often impossible to tell them apart. A number and a box do not yet say who made the item.

In a contract with the plant, the manufacturer is named outright. The origin is visible on paper: who made what, in which version.

Who replaces a defect

This is the main point. The law of Uzbekistan gives the buyer rights when goods are of improper quality and requires the buyer to notify the seller of the breach in good time. In some cases the Civil Code allows a claim for replacement to be made against the manufacturer too, if the seller is not the manufacturer. In practice, it is hard to demand anything from a plant in another country that you have no contract with.

International sales are governed by the UN Vienna Convention (CISG). Both Uzbekistan and China take part in it. Under the convention, the buyer must tell the seller about the non-conformity within a reasonable time, describing what it is. Replacement of the goods can be demanded for a fundamental breach of contract. Claims travel along the chain of contracts: from you to your seller, from him to his supplier.

Hence a simple rule. Replacement reaches you only as far as the contracts in the chain are strong. When the contract is with the plant and the defect is confirmed by a report, the path is short. When the goods were bought by a trader on the market, he has nowhere to go: he will buy a replacement in the same place with his own money, if he agrees at all.

Comparison

QuestionSupply from the plantBuying from a trader
Who is the manufacturernamed in the contractaccording to the seller
Who answers a technical questionthe plantthe seller, if he can find out
What confirms the versioncontract, specification, pre-shipment inspection reportinvoice and verbal assurances
Who gets the defect claimunder the contract with the plantthe trader
Who supplies the replacementthe manufacturer, under the contractthe trader, if he sees fit
When it suits bettera standard item, a lot, a unit for an important lineurgent, a single piece, in stock in your city

When a trader is the right choice

A warehouse nearby solves problems a plant cannot. A line has stopped, you need one common bearing today, and it sits on a shelf in Tashkent. Supply from the plant is put together to order and takes time for manufacturing, inspection and transport. In that case it makes sense to take it from the warehouse and order stock for next time from the plant.

The line is drawn at responsibility. If a line depends on the unit and downtime costs more than the part, if the item is non-standard, if you need a lot, it matters who made the part and who will replace it.

What to ask any supplier

These questions suit a trader and TAMINOTA alike.

  • Who is the manufacturer, and is there a contract with them, not just an invoice?
  • What will the contract say about replacing a defect: who replaces, on what grounds, within what period must a claim be made?
  • What will confirm the version before shipment: a report, photos, a lot certificate?
  • If the part is wrong, who goes to the plant: you yourself, or the supplier?

If all four questions have a written answer, it is supply from the plant, whoever you buy from.

How we do it

  • We sign the contract with the manufacturing plant, not with an intermediary. The origin of the lot is visible from the contract.
  • A defect confirmed by a report is replaced: the replacement is supplied by the manufacturing plant under its contract with TAMINOTA. TAMINOTA goes to the plant for the replacement, so you do not need to talk to the plant.
  • If requirements on your side have changed, we price a new shipment. We do not offer a substitute from warehouse stock.

What this article relies on

Below are the documents and materials we refer to, so that you can check what is said for yourself.

Standards and documents

  • Civil Code of the Republic of Uzbekistan, Part Two, Arts. 408–410, 416 (mirror of the text on prg.kz)text ↗
  • UNCITRAL. Status of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980)text ↗
  • CISG-online. Art. 46 CISGtext ↗

Reference materials

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