Courts: the supplier under the state contract must know what GOST standards the product must meet
The state customer did not accept the delivery of road sign masks, as they did not comply with GOST 32945-2014. The supplier refused to replace the product because it met GOST 52290-2004 specified in the contract specification, and appealed to the court.
In court, the results of the examination revealed that the two specified GOST contradict each other, so the product can not meet the requirements of both standards. The product did not comply with GOST 32945-2014, it was impossible to use it, so the court sided with the customer.
The court of appeal overturned this decision: the contract did not require that the product comply with GOST 32945-2014. The customer incorrectly described the purchase object and cannot refuse to pay for the product.
But the district court found otherwise. It is impossible to use the delivered product, since it does not meet the current mandatory standard, that is, it does not have consumer value. According to the terms of the contract, the supplier must comply with all standards that are mandatory for the product on the date of delivery and acceptance. Given the specifics of the product, the supplier could not have been unaware that the requirements for such a product are mandatory and cannot allow for variation by agreement of the parties. They could have sent a request for clarification of documentation when participating in the purchase and specified the requirements for the product, but did not do so.
Note that this position was previously expressed by the Supreme court.
Document: Resolution of the AC of the far Eastern district of 24.03.2020 on the case N A04-3478/2019