The customer has the right to claim compensation for damages, even if he signed the acceptance certificate
The customer has the right through the court to challenge the volume and quality of products received under the contract, as well as to require the counterparty to compensate for losses. The rule is valid even if the acceptance certificate is signed.
The customer and the contractor signed a contract under the Law № 44-FZ. The counterparty fulfilled the terms of contact partially, the services were of poor quality. The customer terminated the contract unilaterally and demanded to pay damages as well as a penalty. The counterparty refused to pay, and the customer went to court.
The contractor told the court that it had sent the customer the act of acceptance, however, has not signed it in the terms of the contract. On this basis, the counterparty demanded to consider the services rendered, since such a condition was provided by the parties in the contract.
However, the court explained that even if the customer signs the acceptance certificate, it does not deprive him of the right to challenge the volume, cost and quality of services or works in court.
Document: resolution of the Arbitration court of 03.08.2018 in case no. A56-96901/2017