The contract for import product delivery was concluded between the supplier applying to us for juridical assistance and the purchaser with a condition of partial advanced payment and subsequent acceptance upon receiving the notification about product readiness for shipment. The product was delivered by the supplier to Russia, prepared for shipment; the purchaser was notified about the necessity to make final payment. The payment was not received; the purchaser didn’t come for the product and didn’t reply to the notification. Attempts of the supplier to sell the product to the third parties had been unsuccessful due to its customized properties.
We applied to the Arbitration Court of St. Petersburg and the Leningrad Region on behalf of the supplier with the suit about compelling the purchaser to pay for the product, took it from the warehouse and compensate for storage expenses. Moreover, we requested the court to determine the legal forfeit (astreinte) according to art. 308.3 of the Civil Code of the Russian Federation, if the defendant would defer to execute the judicial act.
The court acknowledged claims to be substantiated and fulfilled the suit completely additionally charging the legal forfeit from the purchaser in case of obligations nonfulfillment to accept the product in the amount of 5,000 RUB per each day of delay in decision execution.
The purchaser completely paid for the product and took it from the warehouse of the supplier prior to the court decision coming into force.