Cassation: violations during the examination of the goods prevented the state customer from collecting a fine from the supplier
The parties agreed on the supply of overalls. The goods have been delivered. The customer accepted it and signed a contract for the examination.
The expert found flaws in the product. The customer considered the defects hidden, since he could not identify them upon acceptance without special knowledge. The supplier was fined.
Three instances did not recover the money:
- the documents attached to the examination indicated that the expert's specialization did not correspond to the field of study. At the same time, the customer did not ask for a forensic examination;
- the supplier was not notified of the examination. He was not invited to sampling. The customer himself chose the material for the expert and abused the right;
- upon acceptance, no defects were indicated, defective acts were not drawn up. The product is used for its intended purpose. The customer did not suffer any losses. They did not prove that there were hidden flaws.
It should be noted that in case of violation of the procedure for examination, the unilateral refusal of the customer from the contract may be declared illegal. In practice, there is an example when the courts supported the supplier in such a dispute, because he was not notified of the examination.