The goods were delivered in pieces instead of packages - the courts supported the customer's refusal from the state contract
The parties agreed on the supply of dental materials. The customer did not accept some of them: the goods did not meet the technical specifications - they were delivered in pieces, and not in packages of several units. He later canceled the contract because he did not receive the right amount of production.
The supplier challenged the customer's decision. He handed over quality goods on time, the range corresponded to the contract. The specification indicated the unit of measure "piece".
Three instances did not support the supplier:
- object of purchase - packages of several units of goods in each. The specification for the contract indicated the unit of measure "piece" for a number of positions, but the notice contained a clarification: the unit of measure "piece" should be understood as "packaging";
- the supplier could examine the documents in the notice and ask for clarifications if necessary. However, he sent an application, which means he agreed with the terms of the purchase. The care and prudence of his actions were not proven.
In practice, there is an example when, under a contract, medical napkins were supplied in pieces instead of rolls. The supplier decided that the unit of measure "piece" was agreed upon in the specification. The courts did not support him.
Document: Decree of the Arbitration Court of the Ural District dated February 1, 2023 in case N A07-901 / 2022