Examination by the customer at the unilateral termination of the contract justified

Examination by the customer at the unilateral termination of the contract justified

Customer canceled the contract unilaterally due to the fact that the supplier acted improperly. Details about him were included in the unfair suppliers register. Supplier disagreed with this decision and challenged it in court.

The courts of first and appellate courts have taken the opposite position. The lower court  found antimonopoly agencies decision are lawful. Supplier says that the implementation of its own examination of the goods by the customer illegally. The above argument was not accepted by the court. In turn, the appellate court stated that such an examination is not admissible evidence as performed stakeholders - the employees of the customer.

The appeal court concluded that the appellate court admitted a mistake. It is noted that the customer has carried out its own examination of the goods under the provisions of Art. 94 of the Federal Law of 05.04.2013 N 44-FL. The conclusion of the appellate court is made without regard to the rule. Moreover, this Court has not indicated what evidence available in the case refuted expert opinion conducted by the customer.