Lawyers of the Chamber defended the rights of the participant of the public procurement
Association of Veterinarians of Kazakhstan expressed gratitude to RCE of Almaty for its assistance
LLP "Imperia Bio Imperia Bio" addressed to the Chamber of Entrepreneurs of Almaty with a request to assist in the protection of rights and to present the interests in the Court of First Instance.
The company has supplied veterinary drugs and goods for sniffer dogs to SE "Dog Training Center under the Ministry of Internal Affairs of Kazakhstan" - a total of 46 items totaling 237,891 tenge. LLP "Imperia Bio Imperia Bio" faithfully fulfilled its obligations, but with a slight delay.
Violation of terms of delivery was the reason for the appeal of SE "Dog Training Center of the Ministry of Internal Affairs of Kazakhstan" to the court. This situation could lead to the inclusion of the company in the register of unfair suppliers, its exclusion from further participation in public procurement during the period of 2 years.
Materials of the case:
"Plaintiff points out that the Supplier violated terms of performance of the contract for the supply of goods referred to in paragraph 2.4 of the Treaty, which is contrary to the requirements of clause 4.1 of this Agreement, which states that "the delivery of goods by the supplier is carried out within the time specified in Appendix #1 to the Contract " , which is an integral part of the Agreement".
After studying the claim and all the circumstances, the Chamber of Entrepreneurs of Almaty prepared the drafted review of the claim in favor of the defendant. It was established that the Supplier fulfilled the conditions of contract for the supply of goods listed in Annex #1 fully, as evidenced by the act of transfer and acceptance of goods dated by 28.12.2015, invoices were sent to the Customer and the fact of payment for delivered goods in full volume. In the Appendix #1 to the Contract was specified information, such as "product name, unit of measure, the total amount of goods, unit price, and total cost of delivered goods". Data on the time of delivery of goods is absent in the Appendix #1 to the above mentioned Agreement. Even if we take into account the fact that the supplier violated the terms of delivery of goods for 7 days, as approved by the Customer with reference to paragraph 2.4 of the Treaty, then no negative consequences occurred as a result of the violation of the clause by the Supplier.
By the decision of SIEC of Almaty on 10.3.2016, the court taking into account the arguments of the defendant's representative, the Chamber of Entrepreneurs of Almaty, issued a decision to dismiss the claim of the plaintiff SE "Dog Training Center under the Ministry of Internal Affairs of Kazakhstan", the defendant LLP "Imperia Bio Imperia Bio" on the recognition of it as an unfair participant of public procurement. The court's decision has not come into force.
Thus, measures taken by the Chamber of Entrepreneurs of Almaty (expert of the department of the protection of the rights of entrepreneurs Bauyrzhan Seraliev) were protected the rights and legitimate interests of entrepreneurs and were measures to prevent inclusion of a defendant in the register of unfair participants of public procurement.
LLP "Imperia Bio Imperia Bio" and ULE "Kazakhstan Association of Veterinarians" are grateful to the Chamber of Entrepreneurs of Almaty and employee Bauyrzhan Seraliev for the support and wish prosperity and many years of successful work.
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