A client, being a dealer of the manufacturer of specialized equipment, sold a universal bulldozer on an installment plan. The buyer was a mining company operating on an industrial scale.
The parties encountered difficulties in fulfilling the sales contract. The buyer had made only two payments out of seven. Finally, all of the payment deadlines were missed and the debt exceeded RUB 5 mln. How can the parties resolve the conflict with the least losses and what outcome is possible for this case?
A client, a dealer of a manufacturer of specialized equipment, sold a universal bulldozer on an installment plan. The buyer had made only two payments out of seven. As a result, the payments became overdue, and the debt exceeded RUB 5 mln. During the operation of the equipment, malfunctions occurred repeatedly, most of which were eliminated under warranty. Tension between the parties was increasing. As a result, the seller filed a lawsuit to recover from the buyer the debt and a penalty of RUB 6 mln, and the buyer filed a counterclaim to terminate the contract and recover more than RUB 2.5 mln that had been paid
The task of the lawyers was: to resolve a dispute associated with the termination of the contract in favor of the client
The litigation was risky for the client. The special equipment was repeatedly repaired under warranty, and there was a high probability that the contract would be terminated. The court was ready to order an expert quality examination for the bulldozer. This increased risks and made the outcome of the case for the dealer completely uncertain. Moreover, the dealer did not know all the nuances of compliance with the equipment operation rules.
The buyer knew how the bulldozer was operated and existence of defects could not be excluded. Difficulties were encountered during an expert evaluation. It was highly probable that defects, other than of manufacturing nature, would be considered as manufacturing ones.
The lawyers did the following:
During several trials, the lawyers raised an issue of conducting expertise in respect of the special equipment. However, the parties, having assessed all risks, entered into negotiations. Eventually, the court approved the settlement agreement.
Pursuant to this agreement, the buyer undertook to repay the debt and pay the penalty for three months and the seller extended the warranty period for a similar period.
A consumer bought a commercial grade cargo van from a car dealership. When a malfunction occurred in the car, as part of the warranty repair the car owner decided to withdraw from the sales contract. Despite the fact that the car was repaired, the consumer decided to get refund.
The car dealership rejected the buyer's claims since the buyer had no grounds for terminating the contract: the car was repaired and was serviceable.
The car owner disagreed with the dealer's answer and filed a lawsuit with a court at his place of residence. The amount of claims, if satisfied, would have reached about RUB 3 mln rubles, including a penalty and fine under the Law "On the Protection of Consumer Rights".
Every company is obliged to have a trade name. It is not only an obligatory attribute required for its existence, but also a brand identity, to which the company acquires the exclusive right.
Read this article to find out what a trade name should be like, whether there are any restrictions on its content and whether an company is entitled to protection of its “business name”.