The customer refused to accept the goods due to discrepancies with the terms of reference for two parameters and demanded to deliver the goods of good quality. In response, the supplier referred to the manufacturer's information letters that the goods offered met the requirements of the contract. The customer refused to perform the contract and went to court to collect a fine.
The courts supported the customer. The parameters of the goods must be reflected in the instructions and the registration certificate. Information letters of the manufacturer are not enough to prove the conformity of goods with other characteristics to the terms of the contract.
Document: resolution of the AC of the Central district of 13.09.2019 in the case of N A68-7095/2018