The certificate of the home manufacturer is given for participation in the open competition on the state purchases as enters into the list of the basic documents, confirming conformity to qualifying requirements of the enterprise by preparation of the competitive documentation.

Home commodity producers are understood as the legal and physical persons, who are residents of Republic of Kazakhstan  and make the goods ready to the use, consisting more than on 50 % of the materials, made (not collected) on the territory of Republic of Kazakhstan and bought on the given competition.

The accessory of the goods, works and services to a domestic commodity producer proves to be true by the certificate of the examination which is given out by commercial and industrial chamber.

The South Kazakhstan Regional Territorial Chamber of Commerce and Industry being the Center of support and making of civilized market relations renders support for the development of mutual cooperation between enterprises and entrepreneurs and also in foreign economic activity.     

Speaking about trade it is need to say about damages of goods. There are a lot of damages of goods in their transportation, storage and realization. That is why it is need to give definition and kinds of the examination of goods. The examination of goods is an expert examination of assortment, quantity, quality, cost and their change in the trade process for decision, giving independent and competent requirements as a final result.

Kinds of the examination:

contract (on performance of conditions of contract/convention);

custom (for custom aims);

bank (for banks);

consulting;

consumer;

evaluating (expert evaluation of quantity, quality and cost) of goods.

Legal regulation of foreign trade dealings of purchase and sale between parties – participants of foreign economic activity (FEA) is based on the international standards. One of norms of Convention of UN on international trade is the participation of a representative of competent independent organization during the receiving or shipment of goods for examination of goods on quantity, quality and completeness. Some articles on legal protection in case of violation of conditions of the contract by parties are in chapter 25 “Purchase and Sale” of Civil Codex of the Republic of Kazakhstan and in Convention of UN. But, unfortunately, the most of participants of FEA do not use independent examination in import and export in their practice. As a rule a customer of the examination of goods asks the Chamber to help him after receiving and opening the transport. The entrepreneur cannot make the examination of goods himself in most cases and so he has to pay for damage himself because it impossible for him to claim his presents to producer, carrier or insurer and get compensation for damages without making the reclamation act.  Participants of FEA compensate damages connecting to discrepancy in conditions of the contracts, qualitative characteristics of receiving goods, damages, shortages or theft of goods during their transport and transshipping on the basis of acts of examinations making by independent experts of Chamber of Commerce and Industry. For avoiding dispute with the producer it is need as much as possible to provide all necessary conditions and methods of legal protection in the foreign trade contract.

Examination of contracts is a research of implementation of conditions of the contract (a degree of quality of samples of the goods, a condition of transport and packing means, a control by quantity of conformity of the acted party to conditions of the contract, quality, packing, marks of the goods), definition of a degree of quality of the goods by consumer properties and/or by a level of deficiency and its conformity, norms operating in Republic of Kazakhstan.

Examination is spent, as a rule, at a stage of preparation of contracts.

Before the beginning of examination the expert should have the text of the contract or its project. Examination of contracts is spent to provide conformity of requirements to quality of production, conformity of characteristics of the industrial equipment to specifications on the contract. In case of examination of quality of any goods, the contract should contain not only detailed description of object of examination, but also product indicators and characteristics. And not only regulated by the Kazakhstan standards and norms of the CIS which allow to identify and establish authenticity of the goods to estimate its quality, including safety, to specify or state test methods, requirements to storage, packing and marks.

The expert analyses statements about quality of the goods in the prepared text of the contract. Conducting expertise in the practice the expert often works with the contracts written by common phrases without information about packing of the goods. The phrase “the goods should be with defining quality” means nothing from the legal view of point. Concrete moments of expectations from the contract must be discussed. List of normative documents for the given goods must be. Also, the stipulation “to receive the goods in the place of delivery with the representative of expert organization of Chamber of Commerce and Industry and report of examination on quantity and / or quality, which will be integral part of the contract for presentation of the claim” must be written in the foreign trade contract. If the order of acceptance of production is not even defined in the conditions of the contract of purchase and sale, but the examination of the goods was made voluntarily, that his report has influence for the decision of dispute between partners. 

So, for instance, entrepreneurs of our region often ask the territorial Chamber of Commerce and Industry of South Kazakhstan region to examine their contracts in the process of their preparing and concluding with foreign partners on import and export of the goods:

delivery and sale of drugs, sale of petroleum products and etc. It should be noticed that all necessary recommendations were given and need changes and additions were made on the results of examinations of the contracts, which can be important conditions and methods of legal protection in case dispute between parties of the contract.

There are such important conditions discussed in the contract as:

-          right of each party to assert claims according to failure to execute of responsibilities on the agreement/the contract;

-          suffered party can annul the contract in case if there is serious infringement of responsibilities except presentation of the claim on making the contract;

-          the buyer received the goods with failure of conditions of the contract can demand their removal or exchange and also lowering their price except annulment of the contract;

-          to return paid-up money in case rejection of the buyer from the goods;

-          it is possible to present the claim (appropriate suit) for making damage in the result of to failure to execute of responsibilities on the contract, etc.

It is like tradition that some entrepreneurs think that the certificate of conformity is enough protection for their goods. But the certificate of conformity is the documents for conformity of safety of goods of define nomenclature on foreign trade contracts of purchase and sale or exchange importing to the territory of the state by legal and natural persons.

The examination of goods has other responsibilities – to protect an entrepreneur from possible financial damages relating to the discordance with conditions of the contract.

The examination of the goods conducted in proper time is a pawn of the successful business!

The conduction of the examination of the goods is the great industry of service with own rules and standards based on the international rules of the trade, analytical methods of the research of the goods and it is especially important it is need knowledge of new technologies of production, technical characteristics of transport, methods of definition of characteristic of import goods and loss of their quality, the development of new kinds of package and packing materials. The South Kazakhstan Regional Territorial Chamber of Commerce and Industry is such organization. CCI has an attractive position in the market of such kinds of service because of high quality, professionalism, experience, knowledge of workers. For instance, our experts are included in the list of experts of system “CCI EXPERT OF KAZAKHSTAN”, “CCI EXPERT OF CIS”.