bnt attorneys in CEE successfully defended client’s interests in a cross-border dispute over damages for defective products.
The Dispute Resolution team of bnt attorneys in CEE successfully defended the client's interests in a legal dispute in which our client, an agricultural buyer, sought damages from the seller of the agricultural produce. The dispute between the client and its contractor arose out of the client's contractor's failure to comply with the terms of the contract and the delivery of inferior quality agricultural produce to our client.
The parties had agreed in the contract a procedure for checking the quality of the agricultural produce. However, quality inspections of the product revealed quality discrepancies in accordance with the requirements set out in the contract. Due to poor quality production, our client suffered losses in the form of transport, cleaning and storage costs for the agricultural produce delivered to it.
In this case, the bnt attorneys in CEE team successfully defended the client's interests not only by proving the amount of damages suffered by the client, but also by raising the issue of the nature of the claim, which was related to the application of limitation periods.
This dispute was challenging because the parties had agreed on a complex mechanism of produce quality evaluation, which led to an international element in the dispute, and the case was governed not only by national law but also by German law.
Source: Judgment of the Šiauliai Regional Court 14.04.2021 in civil case No e2A-220-856/2021