RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of December 28, 2007 No. 175

About some questions of the dispute resolution connected with failure to take goods

For the purpose of forming of uniform court practice of the dispute resolution, the goods connected with failure to take, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

2. Failure to take goods is understood as failure to carry out by the buyer (receiver) of obligation to export (to receive) from warehouse of the supplier goods according to the procedure and the terms defined by the agreement.

5. The supplier in case of presentation of the recovery suit from the buyer of penalty for failure to take goods shall submit documents, confirmatory that to the term established by the agreement in its warehouse or base from which selection shall be made the goods in quantity and assortment provided by the agreement were available, and these goods on quality, grade, packing, packaging, etc. corresponded to terms of the contract and were available by the time of the statement of the claim.

6. By consideration of the disputes connected with failure to take goods, economic courts need to proceed from obligatory rules or terms of the contract for the parties about procedure for selection (delivery) for goods and to check observance of these conditions by the parties. In particular, in cases when selection of goods be made by the buyer (receiver) during the certain term specified in the notification of the supplier on readiness of goods for delivery it is necessary to check whether this notification was directed by the supplier. If the agreement establishes specific terms of appearance of the buyer (receiver) behind goods receipt or in cases when they are not established and the supplier timely directed the advice of availability of goods to delivery, and the buyer (receiver) was not on warehouse (base) of the supplier for goods receipt, the supplier shall not prove the fact of absence of the buyer (receiver).

In this case the obligation of proof of timely appearance of the buyer (receiver) for warehouse of the supplier for goods receipt, and also absence in warehouse of the supplier of the goods caused by the agreement by the time of arrival of the buyer (receiver) lies on the last.

Cases of refusal by the supplier on leave of the goods chosen by the buyer (receiver) or the absence fact in warehouse of the supplier of goods in the caused assortment shall be drawn up by the act.

7. In case the agreement provides selection of goods by the receiver who is not the buyer, responsibility for failure to take is born by the buyer under the agreement.

9. Draw the attention of courts that according to article 31 of the Law for failure to take goods, and also for unreasonable refusal of goods receipt, on delivery their supplier in the time (period) of delivery established by the agreement, the buyer pays to the supplier penalty in the amount of 5 percent, and on perishable goods in the amount of 10 percent of cost which are not chosen (uncollected in time) goods.

In case of failure to take goods the supplier has the right to demand, in addition to recovery of penalty, payment of cost of not chosen goods, having produced the evidence of availability of these goods.

11. Draw the attention of courts that the measure of responsibility for failure to take goods according to article 24 of the Law is applied if other is not stipulated by the legislation or the agreement.

12. The resolution of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of January 5, 1994 No. 20 "About procedure for the dispute resolution, connected with failure to take products and goods" to declare invalid.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info