Cassation: violations during the examination of the goods helped the supplier to challenge the rejection of the state contract
The parties have signed a contract for the supply of milk. The customer's examination revealed non-compliance with GOST and technical regulations. At the same time, the supplier's inspection confirmed that the products met the standards.
The milk was sent for reanalysis, but the supplier was not invited for sampling. The product was found to be of poor quality, so the customer refused the contract.
Three instances considered the refusal illegal, collected payment, penalty and state duty from the customer:
• the customer did not conclude a contract with a research organization, which violated the procedure for determining it under Federal Law No. 44;
• The supplier was not notified about the reanalysis of the samples. His results cannot be considered proper evidence. There were no grounds for unilateral refusal;
• the products were not paid for, although they were accepted without objections.
Document: Resolution of the Arbitration Court of the Volga Region dated 11/22/2023 in case N A06-7697/2021
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