The state customer received the goods with incorrect parameters – the courts did not see the supplier's dishonesty
The customer purchased medical height meters with a measuring range from 300 to 2,000 millimeters. One of the participants proposed a product with a minimum value of 800 millimeters. The customer skipped the application, recognized the participant as the winner and signed a contract with him.
During the examination of the product, deviations from the agreed characteristics were revealed. The customer refused the deal. The Office of the Federal Antimonopoly Service has included information about the supplier in the register of unscrupulous suppliers.
Three instances did not agree with the approach of the supervisors:
by itself, the customer's refusal from the contract is not a reason to include information about the counterparty in the register of unscrupulous suppliers. Supervisors should assess integrity comprehensively: determine the guilt and nature of the performer's actions, and not be limited to formally establishing the facts of violation of the law;
the customer has agreed to supply the disputed products. The winner's application was not rejected, although the name of the product and all its characteristics were indicated in it;
the customer did not justify why he needed a height meter with a minimum measurement limit of 300 millimeters. The product was intended for adult patients without the ability to measure height in a sitting position;
The inspectors did not prove that the supplier's actions contained signs of deliberate unfair behavior, for which a sanction in the form of inclusion in the register of unscrupulous suppliers follows.
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