Public procurement: liability for poor-quality goods – what customers need to know

Yan Voinikanis-Myrskyi  – partner at ETERNA LAW.

Olga Kholodova – candidate of technical sciences, associate professor, forensic expert with the right to conduct commodity expertise

Focus of discussion:

1. Delivery of poor-quality goods: risks and consequences for both parties to the contract

What are the typical situations that give rise to criminal proceedings?
Who is liable and how: the customer or the supplier?

2. Procedure for determining the quality of goods: regulatory framework, acceptance and examination reports

How to properly formalise the acceptance of goods?
What is considered proper confirmation of quality?

3. Preventive measures for the customer: how to protect yourself at the contract and delivery stage

What wording must be included in the contract?
What can be provided for in the technical specifications and acceptance certificate?

4. Actions in case of a disputed delivery: how to prevent the situation from becoming criminal

Algorithm of actions if there is a suspicion of inadequate quality
How to behave in dialogue with the supplier

5. Criminal proceedings in public procurement: real cases and typical mistakes made by customers

What do investigators most often record?
How to avoid repeating other people’s mistakes?

6. How to refute accusations: arguments against the investigator’s position on the quality of goods

Legal defence tools.
Documentary evidence in favour of the customer.

7. The role of the internal audit service, authorised person and accounting department

Who else may bear risks?
How to build internal communication for a secure procurement process.

 

In Focus