The act of acceptance and transfer of goods - is the transaction a guarantee?

The act of acceptance and transfer of goods is relevant when transferring material assets from the owner to any other person and serves as confirmation of the very fact of transfer and acceptance. Due to the fact that this document is involved in legal relations between the subjects of the transaction, it is necessary to consider the basic rules and requirements that relate to its preparation.

What is this document?

The act of acceptance and transfer of goods is a paper that is drawn up by the participants in the transaction and confirms the fact that the goods have been accepted and received by the relevant parties. Why is such an act necessary? As a rule, it is compiled when the goods are transferred for sale to the seller or when they are handed over to the repair shop.

The document belongs to the group of bilateral, respectively - both parties who sign it are subject to certain obligations.

The main text of the act of acceptance and transfer of goods describes in detail all its characteristics, condition, estimated cost, lot size, etc. There is an erroneous, but very common opinion that such a document can serve as a replacement for the main contract. In fact, it has no legal value if it is not tied to contractual documentation.

Also, the importance and significance of this document is further supported by the fact that the act of acceptance and transfer is the only paper where the full extended characteristics of the goods, packaging, etc. are prescribed.

Drawing up an act of acceptance and transfer of goods and its sample

Due to the fact that the act of acceptance and transfer of goods is a two-sided document, it must be drawn up in two copies - one remains with the person who made the transfer, and the second - with the person who received the goods.

There is no single form for filling out a document in the legislation, but there are general recommendatory rules that determine the following structure of the document:

• Name. As a rule, the name is written in the following form "ACT OF RECEPTION AND TRANSFER OF GOODS". If the company provides for several forms of the document, additions can be introduced, for example, “ACT OF RECEPTION AND TRANSFER OF WEIGHT GOODS”, etc.
• Signing details. The date, place, time of signing the act by both parties is indicated.
• Details of the parties. All data about the parties that are participants in the transaction are registered. If these are legal entities, then payment details, legal address, etc. must be indicated. Individuals must enter passport data.
• Link to main document. The contract is indicated on the basis of which the act itself is drawn up (its number and date of compilation).
• Product List. In the form of a numbered list, the names of all goods that are accepted and given in accordance with the acceptance certificate are written. Opposite each item, the quantity or net weight is indicated.
• Product information. In this paragraph, the transferring party gives a complete and detailed description of the goods - quality, defects, features, etc. In addition, the value of the material value is indicated.
• Claims. If there are any claims from one side or the other, they are written in the act already upon the meeting of the participants in the document.
• Signatures and seals. The act of acceptance and transfer of goods must be secured with signatures and seals of representatives of both parties (in a transaction between legal entities).

The act of acceptance and transfer of goods must be signed by the head of the enterprise. The signature of authorized persons is also allowed, but only if there are relevant certificates.

Of course, the above form is generic and other document formats may be used in practice. Often, the drafters prescribe directly in the act the conditions for the return of goods, the sanctions that can be taken in case of non-compliance of the goods with the description, fines, etc. Also about how to issue a return of goods from the buyer.

To draw up your act, you should familiarize yourself with the structure of the document in more detail by downloading the following samples:

The submitted documents can be used as templates for drawing up your own act.

Rules for filling out the act of acceptance and transfer of goods

In order for the document to have legal force, as well as in order to eliminate discrepancies, we will consider the basic requirements and rules that relate to the preparation of an act of acceptance and transfer of goods:

• All prices that appear in the document must be written in the national currency of the state in whose territory the transfer is made. Violation of this rule may be considered a reason for nitpicking on the part of the inspection authorities.
• In the standard form of the act-acceptance-transfer of goods there is a column "Net weight". It should be filled in only if the object of the document is a weight item. In the case of transferring piece objects, the line is filled with a dash.
• Experts recommend drawing up an act of acceptance and transfer on the letterhead of the company. This is not a mandatory requirement, but it avoids issues with the regulatory authorities.
• In the main part of the document, it is necessary to describe in as much detail as possible all the characteristics related to the product. In addition, it can make additional notes about those nuances that the receiving party should know.
• In large companies, you can use various forms of documents adapted to a specific type of product. For example, a separate document for weight goods and piece goods. This allows you to simplify the accounting and filling out the act.
• Before signing the act, you need to check it for the presence of all the details. In the absence of a signature and seal, as well as retrospective execution, the document is considered invalid and has no legal force.
• In practice, an extended form of the act of acceptance and transfer of goods is often used. Its peculiarity is that all the nuances of the transfer procedure itself are prescribed in the document itself - place, sequence, time, etc.

A properly completed acceptance certificate serves as a guarantee that you will always be able to file an application with the court if the other party violates the terms of the contract or the goods were transferred in an improper form.

The act of acceptance and transfer of goods for warranty repair

The act of acceptance and transfer of goods for warranty repair is drawn up according to the same principle as a standard document. The only difference is that the header of the contract indicates the repair company that will carry out the repair work. In addition, the main part must specify the breakdowns that are present in the equipment, as well as the presentation and repair requirements.

The certificate for warranty repairs must indicate the date of receipt of the goods, as well as the estimated date of completion of work.

The act of acceptance and transfer of goods for safekeeping

As a rule, this type of acts of acceptance and transfer of goods is drawn up on the basis of an invoice. It necessarily prescribes the period of storage, as well as the responsibility that lies with the receiving party. It should be noted that the document should be drawn up in case of transfer of goods to a specialized organization, as well as for household storage.

The acceptance certificate is drawn up with the participation of the owner of the goods, as well as a representative of the company where the goods are received. The number of copies of the document, as well as the list of supporting securities, is determined by the specific terms of the transaction.

The very concept of "secure storage" does not have any legal interpretation, therefore, the form of the act of acceptance and transfer of goods for safekeeping is determined only when considering a specific transaction.

Who signs the act of acceptance and transfer of goods?

If we talk about drawing up an act of acceptance and transfer of goods, the participants of which are legal entities, then the head himself is obliged to sign the document. But under certain conditions, the signature of third parties can be used:

• representative of a logistics company;
• manager
• loader;
• driver, etc.

To do this, they must have a document that confirms that they are acting on behalf of the head. In practice, this is implemented through appropriate powers of attorney.

In cases where the act is signed by an individual, the participation of third parties is not allowed. In such a situation, only the signature of the person himself can give the act legal force.

The act of acceptance and transfer of goods under the supply contract

This form of document is used as an addition to the main document - the supply contract. In this case, it must be indicated in the act itself in the following form: The act of acceptance and transfer of goods under the supply agreement No. __»

In the main part of the document, as in the standard form, data on the product itself is indicated - its characteristics, quantity, condition, etc. In addition, experts recommend that you always duplicate the terms of delivery, which are initially prescribed in the main contract.

The correctness of drawing up the act of acceptance and transfer of goods largely determines how profitable the transaction will be for you. This document can serve as evidence in court that you delivered or received a product that fully matches the description. Accordingly, the act of acceptance and transmission plays a significant role in resolving conflict situations. Always remember this and do not neglect to compose it.