State contract with the hospital for washing and ironing: any fabric product, including workwear, applies to underwear
The contractor of the contract with the republican eye hospital, the subject of which was laundry and ironing, could not challenge the unilateral refusal of the hospital from the contract.
The refusal was justified by the fact that the contractor does not fulfill the contract in full - he takes and washes all the laundry that the hospital gives him, but refuses to iron medical gowns, medical trousers and medical jackets on principle.
The contractor of the contract stated in court that he simply complies with the requirements of the law: according to the contract, he is obliged to iron only underwear, and workwear does not apply to underwear, but refers to personal protective equipment. Therefore, the terms of the contract do not include ironing of these personal protective equipment, which means that the contractor should not iron them. At the same time, the contractor justified the separation of underwear from non-underwear by referring to the Soviet GOST of 1989 GOST 12.4.011-89 "System of occupational safety standards. Protective equipment for workers. General requirements and classification".
However, the courts of all instances agreed with the customer - the hospital:
- according to the results of the electronic auction, a contract has been concluded between the contractor and the hospital (customer), the subject of which and the object of purchase are laundry, drying and ironing services. The subject of the contract is the provision of services: Laundry, drying and ironing services. According to the terms of reference, the name of the service is laundry and cleaning (including chemical) of fabric and fur products, the characteristic of the services is laundry services. In accordance with the terms of the contract, after the provision of services, the contractor undertakes to transfer the linen to the customer clean, without stains, the linen should not have foreign odors, be ironed and packed in containers marked by divisions, divided into children's, adult, workwear, etc. in accordance with the types of linen determined by the customer when transferring the laundry to the laundry;
- thus, the contractor's obligation to iron the laundry is directly provided for by the terms of the contract concluded by the parties;
- a reference to the fact that workwear does not apply to underwear according to GOST 12.4.011-89 "Occupational safety standards system. Protective equipment for workers. General requirements and classification", is rejected, since by order of Rosstandart No. 933-st dated 10/27/2020, the application of this GOST in the territory of the Russian Federation in terms of personal protective equipment was discontinued from 10/01/2022 in connection with the approval and enactment of GOST R 59123-2020. And the new GOST, in turn, does not apply to personal protective equipment used for medical purposes and in microbiology;
- thus, based on the literal interpretation of the contract, the court concludes that any product, including workwear, belongs to underwear;
- the argument is also rejected that an error was made by the customer when placing the purchase, and that the customer, by his actions, misled the contractor on the subject of the contract and its essential terms. The draft contract was part of the auction documentation and contained information on the need for the winner of the auction to perform such types of work as washing, drying and ironing.
The Supreme Court of the Russian Federation refused the sole proprietor to review the case.
Documents: Ruling of the Supreme Court of Russia dated March 27, 2024 N309-ES24-4097
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