In the public procurement for the supply of goods on request, the customer did not choose the entire volume — the courts did not find violations
The parties concluded a deal for the supply of goods. Obligations were fulfilled at the request of the customer.
Some of the products were delivered and paid for. A month before the end of the contract, the supplier demanded to select the entire volume of products. The customer said that there is no need for it. The counterparty appealed to the court.
Three instances refused him:
• there is no obligation in the contract to choose the full scope and responsibility for its non-fulfillment. The condition for the delivery of a batch of goods at the request of the customer does not mean that he must purchase products that are not needed;
• according to the terms of the transaction, issuing an application is the right of the customer;
• non-sending of applications for the selection of the entire volume does not violate the contract. Without them, the supplier has no obligation to send the goods to the customer, and the latter has no obligation to accept the un—ordered products;
• at the time of the dispute in court, the contract has expired. There are no obligations for delivery and acceptance.
Recall that a similar position is supported by the Armed Forces of the Russian Federation. However, in practice there is an example when, despite the absence of applications, the supplier delivered the goods to the customer, and the courts recovered, among other things, its cost.
Document: Resolution of the AS of the West Siberian District of 13.12.2022 in case N A03-1943/2022