The shelf life of the goods differed from the terms of the state contract — the courts found no reason to terminate the transaction
The parties concluded a deal for the supply of disinfection products at the request of the customer. The counterparty sent part of the goods, but it was not accepted: the remaining shelf life of the products was not the same as in the contract. He explained that the goods had improved characteristics. At the time of delivery, their remaining shelf life was longer than in the contract.
The customer decided to unilaterally cancel the contract, since the products that meet the terms of the transaction were not delivered. The courts found no grounds for its termination:
the parties determined the shelf life of the products in the form of specific values. If the delivered goods have longer periods, this does not mean that the products do not comply with the contract;
the remaining shelf life is a condition for the delivery of the product, not its characteristic. The counterparty should be able to deliver products with an expiration date above the value that the customer requires;
the disputed goods were delivered on time with improved parameters. The requirements for quality characteristics were not violated. There is no dishonesty in the behavior of the counterparty.
The Supreme Court of the Russian Federation did not review the case.
Document: Ruling of the Supreme Court of the Russian Federation of 28.08.2023 N 308-308-ЭС23-15145