With the performer is allowed to recover a fine, even if the contract is terminated by mutual agreement

The Court recognized that supplier lawfully fined. The requirement to pay his client filed already after the contract was terminated by mutual agreement. The reason was that the product does not match the established indicators.

Supplier does not prove that the obligation to deliver on time goods of good quality is not compromised due to his fault. Consequently, the customer sought a penalty lawfully. In addition, the contract was awarded according to the results of the auction, which means that the supplier knew in advance the characteristics of the goods. Armed Forces of the Russian Federation supported the court's decision and dismissed the vendor to transfer the cassation appeal in the economic board.