RussianLegal Wins a Dispute against a Major Polymer Manufacturer over the Delivery of a Defective Geomembrane
RussianLegal successfully protected the interests of its client in a litigation against a large-scale polymer manufacturer. The claim was essentially based on the fact that the claimant had delivered a complex product with hidden defects – a geomembrane to be used by a state customer in the construction of a water facility in Belarus. Upon finding those defects, the client refused to pay for the delivery and the supplier then brought a legal action against the client, seeking to recover the full price of the product delivered.
The trial took about one year. The case was complicated by the following circumstances: the client had officially accepted the delivery; no written notice of acceptance of the products for safe custody was given; the negotiations were unofficial and off the record; no notice of the expert examinations and the call of the representative was duly given; and the waybills contained mistakes.
In similar disputes, such circumstances usually create additional risks for the product recipient.
However, thanks to RussianLegal’s efforts, the court dug into the details of the case and properly resolved the dispute without confining itself to a formal interpretation of law. Since the product did have irremediable defects, the Court took the client’s side by confirming that the client rightfully refused to pay for the defective product.