In the state contract can provide for the examination after acceptance of goods
The customer accepted the goods without comment, but later carried out an examination that revealed the hidden shortcomings of the goods. The supplier refused to replace the goods and repair damages. He believed that it was impossible to make claims on the quality, quantity and assortment of the goods, since the customer accepted it without comment.
The customer terminated the contract unilaterally and appealed to the court.
The court of first instance established that the contract provided for the right of the customer to conduct an expert examination unilaterally, if there were doubts as to the quality of the delivered goods. The obligatory presence of the supplier is not fixed either by the contract or by any NAP.
The Court of Appeal stressed that the examination was conducted to determine the hidden shortcomings of the goods, which could not be identified by an external inspection during the acceptance of the goods.
As a result, the supplier was obliged to compensate the customer for the costs of examination.
Document:
Decision of the First Arbitration Court of Appeal of 21.05.2018 on the case N A11-5883 / 2017