The supplier is innocent!
"The subsidiary" of Food Corporation illegally deducted money from a businessman and included him in the list of unreliable suppliers
The Court of Appeal decided to return to the subject of business 300 thousand tenge, which have been wrongfully withheld by the subsidiary of JSC "NC" Food Contract Corporation". – LLP "Astyk Koymalary", the court ruling has come into force.
In 2015 LLP "Mercury Co" participated in competition of procurement of LLP "Astyk Koymalary" and was declared the winner. But for unknown reasons, the customer refused to accept the goods delivered in a timely manner.
LLP "Mercury Co" for more than two months is trying to convince LLP "Astyk Koymalary" to accept the goods, it wrote letters, complaints. As a result, goods were received, but with a delay of 69 days, and then the customer underpaid to the supplier 300 thousand KZT, he kept this amount as a penalty for making a late payment.
An expert of Legal Protection Department of Entrepreneurs of NCE Chingiz Temirov filed a lawsuit, and on 27th of September 2016 the Specialized Inter-district Economic Court of Astana satisfied claims for the recovery of a sum of money.
The defendant appealed against the court's decision, however, on 30th of November 2016 the court ruling was upheld.
According to paragraph 3 of Article 365 of the Civil Code of the Republic of Kazakhstan, the debtor is not considered to have delayed until the obligation can’t be fulfilled due to the delay by the creditor. In accordance with Article 366 of the Civil Code of the Republic of Kazakhstan the creditor is in default if he refused to take proper action offered by the debtor, or not committed actions stipulated by law or contract or arising from business customs or from an obligation to commit, prior to execution of which the debtor couldn’t fulfill its obligation.
"Thus, we were able to prove that the delay in delivery occurred not by the fault of the supplier and, therefore, the customer LLP "Astyk Koymalary" illegally imposed penalty", - said Chingiz Temirov.
However, LLP "Mercury Co" is still not excluded from the list of unreliable suppliers and therefore has no opportunity to participate in the procurement of companies included in the system of JSC "NMH" KazAgro". We believe that the association shall be excluded from the list, since the lack of guilt for the delay in delivery of goods is confirmed by a legally effective court decision".
NCE intends to make an exclusion of LLP "Mercury Co" from the list of unreliable suppliers of JSC "NMH" KazAgro".
You can study the case file here.
Please, join our Telegram channel to stay up to date on the latest news.
Leave comment:
Comments: