Courts: the rise in prices and the unstable exchange rate did not justify the evasion of signing the contract under Law N 223
The winner refused to sign the supply contract due to the fact that the economic situation changed at the end of February. He was unable to execute the deal on the agreed terms due to rising prices. Controllers have included information in the Register of Unscrupulous Suppliers.
The courts upheld their decision:
- the winner understood the terms of the contract and the need to conclude it, but refused to do so. He deliberately evaded and knew the consequences;
- an increase in the exchange rate and an increase in the cost of goods are not classified as force majeure. The winner takes a risk when he bids in the bid. The inability to conclude a contract on its terms does not relieve him of his responsibility to the customer;
- the document was not signed on a formal basis. They did not prove that the winner turned to the customer to resolve the situation. They did not confirm that the contract cannot be executed due to a strong rise in prices.
It should be noted that in practice there is an example when, in a similar situation, the court did not find reasons for the Register of unscrupulous suppliers. The winner notified the customer that he could not conclude the contract due to the price increase, and confirmed this by letters from the manufacturers. The court took into account that he did not refuse to fulfill the contract, but suggested that the customer deliver less goods at the proposed price, but did not receive a response.
Document: Resolution of the 5th Arbitration Court of Appeal dated November 30, 2022 in case N A51-10372 / 2022