Armed Forces of the Russian Federation: the supplier can recover the costs of storing the goods if the state customer did not accept it during the time

25 October 2021, Monday

The parties have signed a contract for the supply and installation of equipment. According to its terms, the customer must prepare the premises in order to mount the goods. The supplier sent him the technical conditions for placing the equipment in accordance with the operational documentation.
The supplier wanted to fulfill the obligations on time, but the premises were not prepared. This was done only a few months later. Since the goods were not accepted on time, they had to be stored in a special warehouse. The supplier demanded, in particular, to reimburse these costs.
The customer refused to pay: the supplier changed the technical conditions several times. The initial data is initially unreliable. The losses were caused by his fault.
The courts supported the requirements: the
technical conditions were not changed, but clarified. There is no information about their correction in the act of checking the readiness of the premises for work;
the contract has a delivery period for the goods. So, you need to prepare the room for it. Since this was not done, the supplier was unable to transfer and install the equipment. The goods had to be stored in a warehouse. These are losses that have arisen due to the fault of the customer.
The Supreme Court of the Russian Federation did not reconsider the case.
Document: Definition of the Armed Forces of the Russian Federation of 18.10.2021 N 304-ES21-18549

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