Content: S18-239.docx (12.66 KB)
Uploaded: 15.11.2018

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Zavod pod"yemno-transportnogo oborudovaniya v sootvetstvii s zaklyuchennym dogovorom dolzhen byl postavit´ portu portal´nyy kran v 1 kvartale budushchego goda. Odnako v svyazi s otkazom drugikh pokupateley postavka okazalas´ vozmozhnoy uzhe v tekushchem godu. Polagaya, chto port zainteresovan v skoreyshey postavke krana, zavod nemedlenno otgruzil yego i vystavil schet dlya oplaty. Port, poluchiv kran, oplatil schet i pristupil k montazhu krana, odnovremenno pred"yaviv k zavodu isk o vzyskanii shtrafa za dosrochnuyu postavku. Podlezhit li isk udovletvoreniyu?
The lifting and handling equipment plant, in accordance with the concluded contract, was to deliver a gantry crane to the port in the first quarter of next year. However, due to the refusal of other buyers, the delivery was possible already this year. Believing that the port is interested in the prompt delivery of a crane, the plant immediately shipped it and issued an invoice for payment. The port, having received the crane, paid the invoice and proceeded to the installation of the crane, at the same time suing the plant for the recovery of a fine for early delivery. Is the claim subject to satisfaction?
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