Replacing the certificate with medical products may be a valid reason for the delay in delivery under the contract

3 February 2020, Monday

The customer unilaterally terminated the state contract for the purchase of medical products. Part of the product was delivered late.

The Antimonopoly authority included information about the supplier in the register of unfair suppliers

The courts found that the supervisors did not investigate why the terms of the contract were not met. Violation of the terms occurred for a good reason: the manufacturer of the goods delivered under the state contract, re-issued the registration certificate for medical products. The supplier acted in good faith because it purchased the necessary goods from third parties and paid a penalty.

The courts recognized the decision of the controllers as illegal.

Document: Resolution of the Arbitration court of the West Siberian district of 16.01.2020 in case N A70-19914/2018

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