Customers under the Law N 223-FZ do not have the right to demand that the goods be supplied by the manufacturer or dealer

28 May 2018, Monday

The customer demanded that the procurement participant be a producer of the goods or other person having the right to supply the goods. This right must be provided by the manufacturer. In the opinion of the FAS, such provisions of the documentation violate Law No. 223-FZ.

The government agency took a different position: the requirement that the participant have the status of a manufacturer or dealer is legitimate. The opinion of the courts on this issue also varies.

We believe that in order to avoid possible claims from the supervisory authority, it is better for customers not to establish such a requirement.

Document:

Decision of the FAS of Russia of December 6, 2017 N 223FZ-999/17