Wed, 21 Sep 2016 20:58:16
Lawsuit between the vendor of the defective TV and a karaoke hostess club 10 km which acquired it for a quarter of a million rubles was completed in favor of the latter. As described in the arbitration court, they asked individual entrepreneur Ergeshova F. A. with a claim to LLC “K-Media” about collecting 250, 000. the price of the supplied defective products (TV Sharp model LC-70LE857RU) and 50 to 200 rbl. of the expenses of the examination.
As established by the court, between OOO “It-Media (a provider) and SP Ergashboy J. A. (buyer) supply contract, under which supplier has agreed to supply the buyer with the Sharp TV, the quality of which must comply with specifications and Standards approved by the legislation of the Russian Federation, and the buyer to accept and pay for it. The owner planned to install the TV in a café/karaoke club is 10 km away.
Having a TV and paying the cost in the amount of 250 000 roubles, the businessman discovered that the TV was not working.
address of the supplier, the entrepreneur sent claims with offers to replace faulty goods, and in case of failure replacement is to return the paid funds in the amount of 250 000 rubles, and sent a letter, which invited the supplier to participate in the expert examination to determine the technical condition, Troubleshooting, defective TV. To the proposals from the “For Media” number of responses were received.
In order to determine the technical condition of the TV, identifying the defects (faults), faults the buyer appealed to the chamber of Commerce and industry of the Kamchatka region for carrying out expert studies. According to the examination act of the TV defective LCD panel in the form of fault of the drivers of the left half of the screen. It is established that the defect is of a serial nature, the further operation of the TV impossible.
In the course of the proceedings at the request of defendant the court was appointed forensic examination. According to the expert on the technical examination of the controversial TV is malfunctioning is a factory defect that emerged in the process of operation.
Since the warranty period for the goods by the parties in the contract is not agreed, the warranty of controversial TV stated, the court came to the conclusion that subject to the application of paragraph 2 of article 477 of the civil code, according to which, if product with no warranty period or the expiration date, claims associated with defects of goods, may be brought against buyer, provided that the defects of the goods sold were discovered within a reasonable period, but within two years from the date of transfer of the goods to the buyer or within a longer period when such a term is established by law or contract of sale.
As established by the court, between OOO “It-Media (a provider) and SP Ergashboy J. A. (buyer) supply contract, under which supplier has agreed to supply the buyer with the Sharp TV, the quality of which must comply with specifications and Standards approved by the legislation of the Russian Federation, and the buyer to accept and pay for it. The owner planned to install the TV in a café/karaoke club is 10 km away.
Having a TV and paying the cost in the amount of 250 000 roubles, the businessman discovered that the TV was not working.
address of the supplier, the entrepreneur sent claims with offers to replace faulty goods, and in case of failure replacement is to return the paid funds in the amount of 250 000 rubles, and sent a letter, which invited the supplier to participate in the expert examination to determine the technical condition, Troubleshooting, defective TV. To the proposals from the “For Media” number of responses were received.
In order to determine the technical condition of the TV, identifying the defects (faults), faults the buyer appealed to the chamber of Commerce and industry of the Kamchatka region for carrying out expert studies. According to the examination act of the TV defective LCD panel in the form of fault of the drivers of the left half of the screen. It is established that the defect is of a serial nature, the further operation of the TV impossible.
In the course of the proceedings at the request of defendant the court was appointed forensic examination. According to the expert on the technical examination of the controversial TV is malfunctioning is a factory defect that emerged in the process of operation.
Since the warranty period for the goods by the parties in the contract is not agreed, the warranty of controversial TV stated, the court came to the conclusion that subject to the application of paragraph 2 of article 477 of the civil code, according to which, if product with no warranty period or the expiration date, claims associated with defects of goods, may be brought against buyer, provided that the defects of the goods sold were discovered within a reasonable period, but within two years from the date of transfer of the goods to the buyer or within a longer period when such a term is established by law or contract of sale.
Evaluated the parties in the case file of the evidence, the arbitral Tribunal came to the conclusion that the plaintiff proved the fact of delivery of defective goods, in this connection has satisfied claim requirements.
the court of Arbitration has decided to collect with “K-Media” in favor UI Ergashboy J. A. 250, 000. the cost of low-quality goods, 50 200 RUB. in losses, 9 004 rubles state duty, but only to collect 309 204 RUB
the court’s Findings are supported by the court of appeal.
the Decision came into force.
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