Law N 44-FL does not provide that the customer can send a notice to the bank, and refuse, for example, from the right to demand cash on the guarantee issued to secure the application.
Among these conditions - the contractor's consent to the transfer to third parties of the design documentation, engineering research, as well as repeated use of project documentation as a model.
Bank guarantee, according to the Court, meets the provisions of of the contract and documentation and was valid.
When an auction for the provision of a special assessment of the working conditions, the customer is obliged to establish a requirement in a notice that the information about the participants should be kept in the register of organizations conducting this assessment.
The customer does not have in the documentation and the notice period of the bank guarantee and the specific time, which is calculated from the period of its validity. The Court acknowledged that it is contrary to the Law N 44-FL.
A participant may express their consent to use the goods in the application, without giving the name of the country of origin, when the trademark and the country of origin specified in the documentation.
In preparing draft contract is necessary to draw up a list of such grounds, guided by the norms of the Civil Code of the Russian Federation of the unilateral refusal of the customer to perform certain types of liabilities. So, one of the reasons not to fulfill a contract to supply a supplier's refusal to hand over the goods or supplies.
In the register of unfair suppliers (RUS) data on participants were made late. The court ordered the competition authority to exclude them from the register at the end of two years from the date when the information should have been reflected in it, and not from the date of the actual entry of data.
When a customer terminates the contract due to significant violations, information about the artist, according to Ministry of Economic Development believes is necessary to include in the register of unfair suppliers (RUS). The rule applies to contracts worth up to 100 000 rubles, Concluded with a single supplier.
If to participation in the join procurement filed only one application that meets the requirements of Law N 44-FL, purchase declared invalid. Then, according to the Economic Development Ministry believe that every customer must agree on the conclusion of a contract with a single supplier (contractor, executor).