RESOLUTION OF THE PLENUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of December 28, 2007 No. 175

About some questions of the dispute resolution connected with failure to take goods

For the purpose of forming of uniform court practice of the dispute resolution, the goods connected with failure to take, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

1. In case of the dispute resolution, the goods connected with failure to take, economic courts should be guided by the Civil code of the Republic of Uzbekistan (further - group of companies), the Law of the Republic of Uzbekistan "About the contractual legal base of activities of business entities" (further - the Law) and other acts of the legislation.

2. Failure to take goods is understood as failure to carry out by the buyer (receiver) of obligation to export (to receive) from warehouse of the supplier goods according to the procedure and the terms defined by the agreement.

3. According to part one of Article 448 of group of companies if the delivery agreement provides selection of goods by the buyer (receiver) in the location of the supplier, the buyer (receiver) shall inspect the goods transferred to it in the place of their transfer. In case of detection of discrepancy of goods to the agreement he has the right to refuse their obtaining.

4. Failure to take the buyer (receiver) of goods in the time established by the delivery agreement, and in case of its absence - in reasonable time after receipt of the notification of the supplier on readiness of goods, grants to the supplier the right to refuse agreement performance or to demand from the buyer of payment of goods (part two of Article 448 of group of companies).

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