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How to file a complaint in international trade?

How to file a complaint in international trade?

Running your own business often entails complications that are much more difficult if the business is based on foreign trade and our knowledge of the law is poor. Filing a complaint about the quality of goods delivered under international trade is one of the frequent actions; it entails some important steps that must be taken in order for the complaint to exist.

United Nations Convention

The most important and basic source of complaints are the rights regulating the relations of the parties in an international sales contract, which is the United Nations Convention on Contracts for the International Sale of Goods from Vienna on April 11, 1980. Willing to apply the regulations of the above-mentioned Convention, we must be sure that the parties that have signed the agreement are based in the countries that have adopted the Convention. As in consumer law, the buyer has the right to make a complaint in case the goods do not comply with the contract. These regulations cover both the case where the seller has not delivered the goods to the buyer as advertised, in terms of quality and quantity, as well as the case when the goods have been inadequately protected or delivered in packaging other than that specified in the contract.

Non-compliance of the goods with the concluded contract

In the event that the goods are not in conformity with the contract signed by the parties, the buyer is obliged to immediately notify the seller about it, and should make a choice as to the legal remedies (s)he is entitled to (provisions set out in Articles 46-52 of the above mentioned Convention).
Provision of replacement goods - one of the rights of the buyer is the possibility to request the delivery of replacement goods. This action can only be performed if the non-compliance of the goods with the contract affects its violation.
Amount reduction - another right is the possibility to demand a reduction of the amount for the purchased products that were not in accordance with the contract in proportion to the value of the goods delivered.
Repair request - it is also worth mentioning that the right of the buyer is also a request for repair, i.e. removal of quality defects in the purchased goods.
Withdrawal from the contract - the obvious and best known law is the possibility of withdrawing from the contract in the event of non-compliance of the quality of the goods with the contract concluded between the parties. It is important to emphasize that withdrawal refers to the part of the contract that is incompatible; complete withdrawal from the contract has the right to exist if the non-compliance constitutes a serious breach of the contract.

Author:

Merkandi

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