Frequently asked questions
Answers are revealed immediately on the page, without dropdown lists. The wording takes into account practical issues of forensic examination, consumer rights protection, and disputes over product quality.
General questions
What is product examination?
Product examination is the examination of a product, item, batch of goods, packaging, labeling, completeness, condition, and identified defects. Based on the results of the examination, actual characteristics are determined: whether there are defects, their nature, possible cause, whether the defect affects the use of the product, and whether the defects can be rectified.
How does product examination differ from appraisal?
A product examination expert studies quality, condition, completeness, signs of defects, and their causes. Appraisal in the classical sense is aimed at determining the value of an object. In product examination, value-related issues can be addressed as auxiliary: for example, the cost of eliminating defects, the amount of value reduction, or the cost of the product in a damaged state.
How does quality inspection differ from product expertise?
Quality inspection is usually carried out by the seller, manufacturer, service center, or another party to initially determine the condition of the goods. Expertise is required when there is a dispute about the causes of defects or when a special study with well-reasoned conclusions is necessary. In a disputed situation, it is important not only to identify the defect but also to explain its nature, mechanism of formation, and possible cause.
What goods can be examined?
Non-food goods, equipment, electronics, furniture, clothing, footwear, construction and finishing materials, packaging, labeling, components, batches of goods, goods after flooding, fire, transportation, storage, repair, or mechanical impact can be examined. The feasibility of examination depends on the condition of the object, the questions posed, and the sufficiency of materials.
Is it possible to conduct an examination based on photographs?
Preliminary analysis based on photographs and documents is possible. But if measurements, inspection, verification of completeness, signs of use, moisture, deformation, damage to packaging, or material condition are required to provide an answer, transfer of the object or on-site inspection may be necessary. In the final document, it is important not to create the appearance of examining something that was not actually inspected.
Specialist’s conclusion and forensic examination
How does a specialist's conclusion differ from an expert's conclusion?
A specialist's conclusion is prepared at the request of a citizen, organization, lawyer, or representative of a party. An expert's conclusion is prepared after an examination is appointed by a court, investigator, inquiry officer, official, or other authorized body. The main difference is in the basis for preparing the document and the procedural status of the expert.
Can a specialist's conclusion be used in court?
Yes, a specialist's report can be submitted to the court along with other materials. The court does not evaluate it automatically, but in conjunction with other evidence. A specialist's report often helps to justify a position, formulate questions for an expert, prepare a petition for the appointment of a judicial examination, or objections to the conclusions of the other party.
Is the court obliged to agree with the specialist's report?
No. The court evaluates evidence based on its own conviction, taking into account its relevance, admissibility, reliability, and interconnectedness. Therefore, it is important that the report is clear, reasoned, contains a description of the materials, the course of the study, conclusions, and answers to the questions posed.
Can the court appoint an examination to a specific expert?
In civil proceedings, the parties have the right to request the court to assign an expert examination to a specific expert or a specific expert institution. The final decision is made by the court. For this, information about the expert, education, qualifications, experience, duration, cost, and the ability to conduct the study is usually provided.
Who formulates the questions for the judicial expert?
The parties can propose questions, but the final set of questions is determined by the court or another body that appointed the examination. The questions must be factual and relate to specialized knowledge: presence of defects, causes of damage, cost of elimination, possibility of repair, compliance with documentation, completeness, suitability for use.
What questions cannot be posed to an expert?
It is not advisable to ask legal questions: who is at fault, whether the law has been violated, whether the seller is obliged to return the money, whether the claim should be satisfied, who should pay for the repair, whether consumer rights have been violated. Such questions are decided by a court. It is better to ask the expert factual questions: whether there is a defect, when and why it could have arisen, whether the defect can be eliminated, what is the cost of elimination.
Disputes with the seller and consumer rights protection
Who conducts an examination if there is a dispute about the cause of the product defect?
In a consumer dispute concerning the causes of the occurrence of product defects, the seller, manufacturer, authorized organization, authorized individual entrepreneur, or importer is obliged to conduct a product examination at their own expense. The consumer has the right to be present during such an examination and, if they disagree, to challenge its results in court.
Is it possible to dispute the seller's examination?
Yes. If the conclusions of the seller, service center, or an expert they involve raise doubts, you can prepare an independent expert opinion, a review of the other party’s conclusion, objections, or a petition for the appointment of a judicial examination. Usually, they check the completeness of the inspection, source materials, methods, equipment, and the connection between the study and the conclusions.
What should you do if the seller writes “misuse”?
You need to see what supports this conclusion. Simply stating misuse does not replace an examination. It is important to check whether the signs of misuse are described, whether the causal link between the user’s actions and the defect is established, whether alternative causes were investigated, whether documents, storage conditions, transportation, packaging, and the condition of the item at the time of transfer were taken into account.
Is it possible to conduct an examination after the item has been repaired?
It is possible to analyze the preserved materials, but the conclusions may be limited. After repair, the object changes, and some traces may disappear. Therefore, photographs before the repair, inspection report, work order, service center report, correspondence, unboxing video, delivery documents, and description of the initial condition are useful.
Is it necessary to keep the packaging and labeling?
Yes, if the dispute is related to product substitution, damage during transportation, completeness, storage conditions, product identification, or compliance with the description. Packaging, labeling, serial numbers, seals, tags, and shipping documents often help to establish the circumstances of transfer, storage, and transportation.
Documents, payment, and work procedure
What documents are needed for a specialist's conclusion?
It is advisable to prepare photographs of the product, packaging, and defects, a receipt or other purchase document, a contract, work order, specification, warranty card, manual, claim, seller's response, correspondence, inspection report, documents on repair, transportation, storage, or use. The more accurate the materials, the easier it is to assess the possibility of research.
What materials are needed for a forensic examination?
In a forensic examination, the expert works with materials and objects sent by the court or other authority that appointed the examination. These can include case materials, court rulings, research objects, party documents, photographs, reports, questions for the expert, and additional materials provided in the prescribed procedural manner.
When does the work on the specialist's conclusion begin?
Usually, work begins after agreeing on the subject of the inquiry, questions, term, cost, and making an advance payment, unless another procedure is agreed upon by the parties. An advance payment is needed to reserve time, study materials, organize an inspection, and begin preparing the examination.
How is a forensic examination paid for?
In a forensic examination, the payment procedure is determined by the court or another authority that appointed the examination. The court's ruling usually specifies the questions, expert or expert organization, materials, term, and payment procedure. The expert informs about the possibility of conducting the examination, the term, and the cost.
What does the duration of the examination depend on?
The term depends on the number of objects, the volume of documents, the complexity of the issues, the need for a visit, laboratory studies, involvement of specialists from other fields of knowledge, the completeness of materials, and procedural order. If there are insufficient materials, the expert may report the impossibility of providing a conclusion or indicate which materials are necessary.
Is it necessary to indicate the date in questions about cost?
Yes, in questions about cost it is better to indicate the date. The price of goods, the cost of repairs, the value of usable residuals, and the amount of value reduction change over time. It is more accurate to write: “as of the date of inspection,” “on the date of defect discovery,” “on the date of the study,” or “on the date determined by the court.”
Review, additional questions, and repeated examination
When is a review of the conclusion needed?
A review is needed if the conclusion of the other party contains incomplete answers, contradictions, does not describe the methods, does not indicate the equipment, does not disclose the initial data, draws conclusions without sufficient investigation, or substitutes specialized conclusions with a legal assessment. The review helps to prepare objections and justify the need for additional procedural actions.
Does a review replace a judicial examination?
No. A review does not replace a judicial examination and is not a new investigation of the object if the object has not been studied. Its purpose is to check the prepared conclusion: completeness, methodology, logic, the connection of the research part with the conclusions, sufficiency of materials, and compliance with the questions.
When is an additional examination appointed?
An additional examination may be required if the conclusion is not clear or complete, if not all questions have been answered, if new questions arise regarding already investigated circumstances, or if it is necessary to clarify certain findings. It is usually appointed when there is no need to completely re-examine all circumstances.
When is a repeated examination appointed?
A repeated examination may be required if there are doubts about the accuracy or validity of the previously given conclusion, if there are contradictions between experts' conclusions, contradictions between the conclusions and case materials, or significant deficiencies in the investigation. A repeated examination is entrusted to another expert or other experts.
Can an expert be summoned to court?
Yes, an expert can be called for clarification of the conclusion. In court, the research methods, original data, conclusions, reasons for the inability to answer certain questions, and the connection of the conclusions with the case materials may be clarified. If the court does not agree with the conclusion, the disagreement must be justified.
Limitations and practical situations
Can an expert collect evidence on their own?
In a court examination, the expert does not collect evidence on behalf of the parties and does not replace the court. They examine the materials and objects provided by the court or other authority that appointed the examination. In the case of a specialist's conclusion, the materials are provided by the client, and the specialist evaluates their sufficiency.
What happens if a party does not hand over the object for examination?
If it is impossible to conduct an examination without the participation of a party or without providing the object, the court may evaluate such behavior procedurally. Therefore, in a judicial dispute, it is important to timely submit motions, provide materials, and record the reasons why the object cannot be presented.
Is it always possible to determine the exact cause of a defect?
Not always. The possibility of determining the cause depends on the condition of the product, the preservation of traces, the completeness of documents, the time elapsed since the event, and the nature of the damage. If the data is insufficient, the expert may provide a probabilistic conclusion, a limited conclusion, or motivatedly indicate the impossibility of providing an answer.
Is a license or accreditation required?
For the preparation of a specialist's product examination conclusion and the possibility of being appointed as a judicial expert on commodity issues, it is important to have specialized knowledge, education, qualification, experience, and the ability to conduct research. A separate universal license specifically for judicial product examination for a non-governmental expert is not established by law.
Is it possible to submit materials through the mobile application?
Yes, materials can be submitted through the mobile application: describe the situation, attach photos, video recordings, documents or archives, conduct correspondence, and track the status of the request. An internet connection is required for the application to work.
Send documents for preliminary assessment
Describe the situation and attach photos, documents, or archive. After reviewing the materials, an expert will inform you about the possibility of research, timelines, and the procedure for further work.
Ask a question
What is important for the court
- questions must require specialized knowledge
- legal assessment is given by the court
- it is better to specify the cost on a specific date
- the conclusion is evaluated together with other evidence