A supplier and a buyer concluded an agreement for the manufacture and supply of equipment for the construction of nuclear power units.
The agreement was concluded during the tender procedure, the supplier was not able to make changes to it, and the buyer was to pay for the equipment supplied to it within 90 days after the ownership of the equipment was transferred to him. The buyer applied the rules of art. 327.1 of the Civil Code of the Russian Federation and established in a term in the agreement completely dependent on his will. So one of the prerequisites required to pay for the equipment supplied to the buyer was the presence of an “Acceptance Control Act” without comments. Taking into account the fact that the exclusive responsibility of drawing up an “Acceptance Control Act” was assigned to the buyer, and the occurrence of this condition completely depended on his will and actions, the buyer took advantage of this circumstance, namely: he did not pay for the equipment supplied, citing the lack of the necessary “ The Input Control Act”.
In order to receive payment for the equipment supplied, the supplier filed a lawsuit with the Arbitration Court. Due to the competent legal position of the Legal Studio lawyers (representing the interests of the supplier), the Arbitration Court declared the claim reasonable and collected more than 90,000,000 rubles of debt from the respondent, while rejecting the respondent’s objection that the necessary condition established by the agreement did not occur, and there were no grounds for making payment.