Product defects must be corrected before the end of the contract period
The customer conducted an electronic auction for the purchase of rehabilitation equipment and signed a contract with the winner. During the performance of obligations, the supplier found that part of the product did not meet the requirements of the contract. The counterparty replaced the defective product with a new one before the delivery period under the contract expired. The customer signed the acceptance certificate. The supplier has fulfilled its obligations.
The customer demanded that the supplier pay a fine of 2084 rubles. 18 kopecks for the delivery of low-quality goods and withheld the amount from the security. The Supreme court found no grounds for the fine. Supplier in a timely manner has eliminated the defects of the products and have fulfilled their obligations in full. The court not only required the customer to return the amount of the fine withheld, but also charged the customer interest for using the money.
Document: Supreme court Ruling of 15.01.2020 no. 306-ES19-25786, A72-370/2019