Supply of goods, Supply contract, Periods and order...

6.7. Supply of goods

6.7.1. Delivery contract

The rules established by the US Civil Code for the supply contract impose more stringent requirements on the actions of the parties than the rules of the contract of sale. This is due to the fact that the parties to the supply contract are supposed to be professional participants in business. Therefore, the law regulates a number of situations related to the supply of goods between members of the civil turnover, which are not regulated for the contract of sale.

Under the supply contract, the vendor, carrying out entrepreneurial activities, undertakes to deliver, within a specified time or period, the goods produced or purchased by the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, home or other such use.

In the event that, when concluding a supply contract between the parties, there were disagreements on certain terms of the contract, the party proposing to conclude the contract and received a proposal from the other party to agree on these terms must within 30 days from the date of receipt of this proposal, unless another period is established by law or agreed upon by the parties, take measures to agree on the relevant terms of the agreement or notify the other party in writing of the refusal to conclude it. The party that received the proposal for the relevant terms of the agreement but did not take measures to agree on the terms of the supply contract and did not notify the other party about the refusal to enter into the contract within the stipulated time, is obliged to compensate the losses caused by the evasion of the agreement agreement./strong>

Periods and order of delivery of goods

In the event that the parties provide for the delivery of goods during the validity of the supply contract in separate consignments and the delivery times for certain consignments (delivery periods) are not defined there, the goods must be delivered uniformly parties monthly, unless otherwise follows from the law, other legal acts, the essence of the obligation or customs of business turnover. Along with the definition of delivery periods, a schedule for the supply of goods (decadal, diurnal, hourly, etc.) can be set in the contract.

Early delivery of goods can be made with the consent of the buyer. Goods delivered early and accepted by the buyer are counted against the number of goods to be delivered in the next period.

The delivery of goods is carried out by the supplier by shipment (transfer) of goods to the buyer who is the party to the supply contract, or to the person specified in the contract as the recipient. In the case where the contract of supply provides for the buyer's right to give the supplier instructions on the shipment (transfer) of goods to the recipients (shipping orders), the shipment (transfer) of goods is performed by the supplier to the recipients specified in the shipping order . The content of the shipping order and the period of its sending by the buyer to the supplier are determined by the contract.

If the period for sending the shipping order is not stipulated by the contract, it must be sent to the supplier no later than 30 days before the delivery period. Failure to provide the shipping order by the buyer within the prescribed period gives the supplier the right to refuse to fulfill the delivery contract, or to require the buyer to pay for the goods. In addition, the supplier has the right to demand compensation for losses incurred in connection with the failure to submit the shipping order.

Variants of the terms of delivery of goods are discussed in Table. 6.10.

Table 6.10

Terms & Conditions

Terms of Payment

1. Delivery of goods is carried out in separate batches, the delivery periods are not defined

Items must be delivered in batches on a monthly basis

2. The periods and schedule of deliveries (decade, daily, hourly) are defined

Goods are delivered in accordance with the delivery schedule. Early delivery is allowed with the consent of consumers and is credited against the delivery of the next period

3. There is a shipment of goods to the recipients of the shipment order

Shipment is carried out to the recipients specified in the shipping order of the buyer

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