Armed Forces of the Russian Federation: delivery of goods at the request of the state customer does not mean that it is necessary to choose the entire volume
The parties have concluded a contract for the supply of goods. Obligations were fulfilled according to requests.
During the contract period, the customer did not choose the entire volume. After its term expired, the supplier in the claims demanded to make a complete sample.
The courts of three instances did not agree with such a requirement:
there is no obligation in the contract to choose the entire scope and responsibility for its non-fulfillment. The condition of the contract for the supply of a batch of goods at the request of the customer does not mean that he must purchase products that are not needed;
the fact that the customer did not send requests for the supply of goods, including the entire volume, cannot be considered a violation of the terms of the contract;
the customer's request is needed for the delivery of the goods. It is impossible to oblige to accept products for which there is no application;
at the time of the claim, the contract has expired. Delivery and acceptance obligations have ceased.
The Supreme Court of the Russian Federation did not review the case.
Document:Definition of the Armed Forces of the Russian Federation from 02/28/2022 N 301-ES21-29622