The state customer made a mistake in the technical task — the courts did not collect a fine for the delivery of goods with other parameters
The parties agreed on the delivery of a tractor with a capacity of 82 hp. The goods were accepted and paid for. Later, the Treasury ordered to charge a fine for the delivery of goods with other characteristics. The customer received a tractor with a capacity of 81 hp, which did not comply with the contract. The supplier did not pay.
Three instances did not recover the money:
• the manufacturer confirmed that the tractor needed by the customer has a capacity of 81 hp. Given that other parameters of the goods met the terms of the contract, this cannot be considered its disadvantage. There are no products with the agreed capacity;
• data from dealers' websites about the 82 hp capacity are informational in nature;
• the goods were accepted without comments and paid in full. The fact that the customer received a tractor with different characteristics due to an error in the technical task does not mean abuse of the supplier. He, as the weak side of the transaction, could not influence its terms and should not be responsible for improper execution.
It should be noted that in practice there is an example when the customer's error in the characteristics convinced the court to reduce the size of the fine for the delivery of goods with parameters other than the technical task.
Document: Resolution of the Arbitration Court of the Ural District of 03.10.2022 on the case N A34-5752/2021