Supreme court: when calculating the penalty under the contract executed in parts, take into account their autonomy

11 September 2018, Tuesday

The customer charged a penalty for the entire price of the contract from the first day of delay to the full execution of the contract. The supplier did not agree with this, since the customer received part of the goods long before the last batch, albeit with a delay. It went to the Supreme court.

The court noted that the customer had accepted partial performance and could use it based on the characteristics of the goods. So, you need to charge penalties, taking into account the date and amount of actual deliveries.

Document: determination of the armed forces of 30.08.2018 in the case N A40-208730/2015