Contract law. Contract for the supply of goods for government needs (the most important)

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Contract law. Contract for the supply of goods for government needs (the most important)

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26. AGREEMENT FOR THE SUPPLY OF GOODS FOR STATE NEEDS

Supply contract for state needs is called an agreement on the transfer to the buyer of goods intended for state needs, concluded by the supplier on the basis of and in pursuance of a state contract.

Main distinguishing feature - a special purpose of using goods, namely, their purchase for state needs, including for the state reserve.

The supply contract for state needs is:

1) consensual;

2) compensated - the basis for the fulfillment of the obligation to transfer the goods is the receipt of counter satisfaction in the form of the purchase price, and vice versa;

3) mutual - the existence of subjective rights and obligations of both parties to the supply contract for state needs.

Provider - entrepreneur.

State customer - approved by the Government of the Russian Federation federal executive bodies, federal state-owned enterprises or state institutions.

Buyer - any legal entity.

subject of a contract - any goods purchased for use for economic purposes, including for entrepreneurial activities. The purchase of foreign-made goods under state contracts is not allowed.

Form of contract - written, is concluded by signing by the parties of one document.

An essential term of the contract supply for public needs is a deadline.

Rights and obligations of the supplier :

1) conclusion of a supply contract for state needs;

2) for delay in delivery or underdelivery of goods under a state contract, pay the buyer a penalty in the amount of 50% of the value of the underdelivered products and compensate for losses;

3) transfer of goods:

a) by shipping them to the buyer or by making the goods available to the buyer at the location of the supplier;

b) together with accessories and documents relating to the goods;

c) in a certain amount;

d) in an agreed assortment;

e) appropriate completeness and in the kit, if any;

e) established quality;

g) free from the rights of third parties;

h) in containers and packaging.

Rights and obligations of the state customer:

1) is obliged to accept the goods;

2) is obliged to assign a buyer to the supplier;

3) is obliged to pay for the goods;

4) act as a guarantor for the buyer’s obligation to pay for the goods.

Rights and obligations of the buyer:

1) is obliged to accept the performance proposed by the supplier;

2) has the right to refuse to enter into a contract in whole or in part;

3) pay for the goods if delivery is made under a separate supply agreement.

Author: Rezepova V.E.

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