Power outage is not always a good reason to skip the contract period
The company did not timely place the draft contract in the unified information system and did not provide its enforcement. The customer recognized the participant evaded from the conclusion of the contract and sent information to UFAS for inclusion of the participant in the register of unfair suppliers
The participant disagreed with this decision and appealed to the court. He claimed that he missed the deadline due to an emergency power outage and the failure of the computer on which the necessary SOFTWARE was installed. After elimination of accident and repair of the computer everything necessary for the conclusion of the contract was made. The court of first instance and appeal upheld these arguments.
However, the cassation noted that the accident was the fault of the participant, the speed of its elimination depended on him. At the same time, the participant did not even transfer the security of the contract within the required period. In addition, evidence of computer failure has not been submitted to the UFAS. The decision of the Antimonopoly authority to include the participant in the register of unfair suppliers remained in force.
The Supreme court refused to review the case.
In practice, there are examples where, in similar circumstances, the participant was not included in the register of unscrupulous, However, for such an outcome of the case, the obstacles should be objective (for example, an accident in the networks of the power supply organization). The participant should take active actions in such a situation:
immediately inform the customer about the obstacles;
transfer the security or transfer the Bank guarantee to the customer on paper;
find a temporary office space.
All actions need to be documented.
Document: Definition of the Supreme Court of 28.06.2019 N 307-ЭС19-9564