The joint stock company appealed to the court to commit the individual entrepreneur to accept the delivered products and to recover the interest under art. 395 of the Civil Code. In support of its claims, it referred to the supply agreement concluded with it, and to the fact that the individual entrepreneur had evaded acceptance of the delivered products. Since, in accordance with the contract, only accepted products are subject to payment, by refusing to accept them, the individual entrepreneur evades payment for them. In this regard, the joint-stock company has losses that can be covered by the amount assessed under Art. 395 of the Civil Code of the Russian Federation
The sole proprietor, in response to their claim, indicated that the supply contract considered not concluded due to an uncoordinated price condition. The company gave him two copies of the signed contract. Where the price was set too high for the goods. He signed the contract, but with the proviso that he concludes it only on condition that the goods are delivered at the price offered by him. The joint-stock company immediately began shipping the products without notifying them of the consent to the new price.
The general director of the company, during the court session, confirmed receipt of one copy of the contract and said that he had seen the reservation. He explained to the court that he had agreed to a new price in a telephone conversation. Consequently, the contract was concluded.
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