When replacing low-quality goods, it is impossible to collect a fine for improper execution of the state contract
Upon acceptance, the customer identified a discrepancy in the quality of the goods, among other things, and asked to eliminate the shortcomings.
After the supplier did this, the customer accepted the goods without comment and demanded to pay penalties for late delivery, as well as a fine for low-quality goods.
The supplier acknowledged the penalty, but did not agree with the fine: he eliminated all the shortcomings of the product, which was accepted without comment.
The courts of three instances supported the supplier:
they fulfilled their obligations under the contract, albeit with delay;
the delivery of low-quality goods with subsequent replacement is not the basis for a fine. The supplier achieved the proper quality, satisfied the interests of the customer;
penalties for delay and a fine for non-fulfillment of obligations can be collected together if the violation became the basis for unilateral cancellation of the contract. In this case, there is no such refusal.
The Supreme Court of the Russian Federation did not reconsider the case.
Note that in practice there is a different opinion.
Document:Definition of the Armed Forces of the Russian Federation from 20.01.2022 N 304-ES21-26643