Commercial law. Supply contract (lecture notes)

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Commercial law. Supply contract (lecture notes)

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LECTURE No. 52. Supply contract

Under the supply contract, the supplier-seller engaged in entrepreneurial activities undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, household and other similar use. The supply agreement is one of the varieties of the purchase and sale agreement. The features of a supply agreement include:

1) the purpose of acquiring the goods (is of fundamental importance: the goods are bought for the purposes of entrepreneurial activity);

2) a special legal status of the seller and the buyer, who act as a business entity;

3) delivery of goods, which is carried out by the supplier by shipping the goods to the buyer, who is a party to the contract, or to the person specified in the contract as the buyer.

In order for the supply contract to come into force, it is not necessary that the goods have been handed over to the buyer. At the time of the conclusion of the contract, the buyer receives the right to demand to receive goods from the supplier, and the supplier to transfer it. The supply contract is of a compensatory nature. A feature of the supply agreement is that the transfer of goods is possible both at a time and in separate batches during a certain period.

The delivery time or dates are important terms of the delivery contract. The supply agreement provides for the wholesale sale of goods. The delivery time of the goods is determined by specifying a specific date or periods of delivery during the term of the contract. In the event that the parties provide for the delivery of goods during the term of the supply agreement in separate lots and the terms for the delivery of individual lots are not defined in it, then the goods must be delivered in uniform lots on a monthly basis, unless otherwise follows from the law, other legal acts, the essence of the obligation or business customs. . Along with the definition of delivery periods, the delivery contract may establish a schedule for the delivery of goods (ten-day, daily, hourly, etc.). Early delivery can be made with the consent of the buyer. Goods delivered ahead of schedule and accepted by the buyer are counted towards the quantity of goods to be delivered in the next period.

The supply of goods is carried out by the supplier by shipment (transfer) of the goods to the buyer, who is a party to the supply contract, or to the person specified in the contract as a recipient. Delivery of goods is carried out by the supplier by shipping them by transport, provided for in the supply agreement, and on the conditions specified in the agreement. The supply contract may provide for the receipt of goods by the buyer (recipient) at the location of the supplier (selection of goods).

The supplier, who allowed the underdelivery of goods in a separate delivery period, is obliged to make up for the underdelivered quantity of goods in the next period (periods) within the validity period of the supply contract. The buyer has the right, by notifying the supplier, to refuse to accept goods whose delivery is overdue, unless otherwise provided in the supply contract. Goods delivered before the supplier receives notification, the buyer is obliged to accept and pay.

The range of goods, the short delivery of which is subject to replenishment, is determined by agreement of the parties to the contract, and in the absence of such an agreement, the supplier is obliged to make up for the underdelivered quantity of goods in the assortment established for the period in which the short delivery was allowed.

The buyer (recipient) is obliged to take all necessary actions to ensure the acceptance of the goods delivered in accordance with the supply contract. The goods accepted by the buyer (recipient) must be inspected by him within the period specified by law, other legal acts, the supply contract or business customs. The buyer is obliged within the same period to check the quantity and quality of the goods received and to immediately notify the supplier in writing of any discrepancies or shortcomings found.

When the buyer (recipient) refuses the goods transferred by the supplier, he is obliged to ensure the safety of this goods (responsible storage) and immediately notify the supplier. The supplier is obliged to take out the goods accepted by the buyer for safekeeping or dispose of them within a reasonable time.

The buyer pays for the delivered goods in compliance with the procedure and form of payment stipulated by the supply agreement. If the procedure and form of settlements are not determined by agreement of the parties, then settlements are carried out by payment orders.

The buyer (recipient) is obliged to return to the supplier the reusable packaging and packaging means in which the goods arrived. Other containers, as well as packaging of goods, are subject to return to the supplier only in cases stipulated by the contract.

The buyer (recipient) to whom goods of inadequate quality have been delivered has the right to:

1) demand a commensurate reduction in the purchase price;

2) demand the free elimination of defects in the goods within a reasonable time;

3) demand reimbursement of their expenses for the elimination of defects in the goods;

4) refuse to perform the contract and demand the return of the amount of money paid for the goods;

5) demand the replacement of goods of inadequate quality with goods that comply with the contract.

The buyer (recipient) to whom the goods were delivered in violation of the terms of the supply agreement, the requirements of the law for completeness, has the right to:

1) demand a commensurate reduction in the purchase price;

2) demand that the goods be completed within a reasonable time;

3) demand the replacement of an incomplete product with a complete one;

4) refuse to perform the contract and demand the return of the amount of money paid for the goods.

If the supplier has not supplied the required quantity of goods or has not complied with the buyer's requirements to replace defective goods or to complete the goods within the prescribed period, the buyer has the right to purchase the goods not delivered from other persons with the supplier attributing all necessary and reasonable costs for their acquisition to the supplier.

The penalty established by law or the supply contract for underdelivery or delay in the delivery of goods shall be collected from the supplier until the actual fulfillment of the obligation within the limits of his obligation to make up for the underdelivered quantity of goods in subsequent periods of delivery.

Unilateral refusal to execute the supply contract or its unilateral change is allowed in the following cases:

1) supply of goods of inadequate quality with defects that cannot be eliminated within a period acceptable to the buyer;

2) repeated violation of the terms of delivery of goods;

3) repeated violation of the terms of payment for goods;

4) repeated non-selection of goods.

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