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Civil law. Part II. Rights and obligations of the parties under the supply agreement (the most important)

Lecture notes, cheat sheets

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9. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE SUPPLY CONTRACT

Supplier Responsibilities: transfer the goods within the stipulated time, in equal batches, in accordance with the established schedules; replenish the undelivered goods in the next period; take out the goods that the buyer refused, but accepted it for safekeeping; prepare the goods for export and notify the buyer about this if the contract is concluded with the condition of sampling the goods; fulfill the buyer's instructions to ship the goods ordered by him to another person; reimburse the costs incurred by the buyer in connection with the responsible storage of the goods.

Supplier rights: require the buyer to pay for the goods; indicate to the buyer under which contract he should count the goods delivered by him, if their quantity was insufficient and at the same time several supply contracts were concluded with this buyer; require the buyer to pay for the goods if he refuses to accept them without sufficient grounds.

Buyer Responsibilities: perform all actions to ensure the acceptance of goods delivered under the supply contract; inspect the accepted goods within the period specified by law or the contract, check the quantity and quality of the goods, and in case of detection of discrepancies or defects in the goods, immediately notify the supplier in writing; in case of receipt of goods from a transport organization, check the compliance of the goods with the information specified in the transport and accompanying documents; in case of refusal of the goods transferred to him by the supplier, accept him for safekeeping and immediately notify the supplier; inspect the goods transferred to him in the process of their selection; pay for the goods delivered to him in compliance with the procedure and form of payment in accordance with the contract.

Buyer's rights: demand the provision of goods stipulated by the contract; make claims under Art. 475 of the Civil Code, in case of delivery of goods of inadequate quality to him; demand replacement within a reasonable time of goods of inadequate quality returned by the consumer, if the buyer sells the goods delivered to him at retail; make claims under Art. 480 of the Civil Code, in case of delivery of goods to him in violation of the terms of the contract on completeness; purchase goods not supplied by the supplier from other persons with the attribution of the costs incurred to the supplier; refuse to pay for goods of inadequate quality and incomplete goods, and in cases where such goods have been paid for, demand a refund of money until the defects are eliminated or the goods are completed or replaced; indicate to the supplier under which contracts the amount of money paid by him should be credited, in the case when he concluded several contracts, this amount is insufficient to pay off obligations under all contracts; refuse to accept goods whose delivery is overdue by notifying the supplier of his refusal.

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