Nuances of refunding advance payments under the supply agreement on the terms of self-collection (selection) of the goods
May 10, 2019

Article 510 of the Civil Code of the Russian Federation provides the parties with the possibility of receiving goods by the buyer at the location of the supplier.

In a case of the buyer trying to refund their advance payments if the supplier fails to deliver, some refer to the provisions of Part 3 of Art. 384, part 3 of Art. 484 of the Civil Code of the Russian Federation, explaining the violation of the delivery terms by the inaction of the buyer expressed in the non-selection of goods.

However, the application of these provisions is possible only in the case of fair conduct of the supplier.

Article 510 of the Civil Code provides: if the contract does not stipulate a delivery date, the buyer must select the goods after receiving a notification from the supplier that the goods are ready.

Article 484 of the Civil Code gives the supplier the right to require the buyer to accept the goods or refuse to perform the contract.

Thus, before refusing to execute the supply contract, the supplier must send the buyer a notice, as well as a request to collect the goods.

Article 487 of the Civil Code of the Russian Federation provides for the right of the buyer to demand the return of the advance payment in case of the supplier violating their obligation to deliver the goods.

Consequently, if in violation of the provisions of Article 65 of the APC of the Russian Federation and Part 3 of Art. 484 of the Civil Code of the Russian Federation the supplier does not send the buyer a notice as well as a request to collect the goods, he is not entitled to accuse the buyer of not acting in good faith.

This argument of the claimant about the violation of the delivery time by the defendant, being not the fault of the claimant, was supported by the courts in a number of cases concerning the refund of the advance payment under the supply agreement.

The interests of the plaintiff were represented by an employee of the Moscow Law Office "ZASCHITA" - Semenov Dmitry Andreevich.

Dmitriy Semenov