Civil Code of Ukraine, approved by the Law of Ukraine dated January 16, 2003 No 435-IV, Article 709. Procedure and terms of satisfying the buyer’s demands of replacement of goods or defects correction
- The seller or the manufacturer (or their authorized representatives) are obliged to receive from the buyer non-conforming goods and satisfy his/her demands of replacement of goods or defects correction. The delivery of goods to the seller and their delivery to the buyer shall be performed by the seller or manufacturer. If the seller or the manufacturer fail to fulfill the mentioned obligations or are out of the buyer’s location, the buyer may return the goods at their expense.
- The buyer’s demand of the goods replacement shall be satisfied immediately. If the inspection of the goods quality is required, the goods replacement shall be performed within fourteen days or within another term agreed by the parties.
In case of stockout, the buyer’s demand of the goods replacement shall be satisfied within a two-month period immediately upon the submission of the relevant application.
If the buyer’s demand of the goods replacement may not be satisfied within the established terms, the buyer has the right at his/her discretion to raise other demands to the seller or manufacturer in accordance with the provisions of the Article 708 of this Code.
- The buyer’s demand of a free goods defect correction shall be satisfied by the seller or the manufacturer within fourteen days or within another term agreed upon between the parties. Upon the buyer’s demand, he/she shall be provided with the similar goods irrespective of the model for the period of repairing.
- If the goods defects correction is performed by the replacement of the component or integral part which has a warranty period, the warranty period of a new component or integral part shall be calculated as from the date of the goods delivery to the buyer after the defects correction.
- The seller shall refund the buyer a penalty in the amount of one percent from the goods value for each day of the seller`s or the manufacturer’s delay in the defects correction and for the failure to fulfill the demand of the buyer to provide the buyer with the similar goods for the period of the defect correction.