Client's area:
Commercial organization
Task:
Establish the fact of delivery of improper goods and recover the contractual penalty.
In this case the Defendant refused to pay a penalty for the delivered goods of inadequate quality (electronic panels that do not meet the technical specifications and specifications to the contract). In support of their legal position, the Defendant referred to the acts of acceptance of the transfer of goods, which are signed without comment. The legal position of the Claimant to recover the penalty was based on the expertise, which established that the goods do not comply with the specification to the contract.
Result:
The court found reasonable the requirements for the recovery of a penalty in full.
