Under government procurement contracts of 2019 and 2020, the company supplied electrical equipment totaling 112 million tenge to a state communal enterprise. The customer accepted the goods according to acceptance acts, but partially paid for deliveries, resulting in a debt of 83.7 million tenge. Despite signing mutual settlement reconciliation acts and sending a debt repayment schedule, the customer did not fulfill its payment obligations, which became the basis for going to court.
The specialized inter-district economic court partially satisfied the company's claims, collecting the principal debt of 83.7 million tenge, penalty of 1.1 million tenge, and court costs of 2.5 million tenge. The customer appealed the decision at the appellate level, however, the Mangistau Regional Court left the decision unchanged, confirming the legitimacy of the plaintiff's claims. The court established that the goods were accepted by the customer more than 4 years ago, the contracts were not disputed, and actions on partial payment and document signing evidenced acknowledgment of the debt.
The decision is based on civil legislation norms regarding supply contracts and liability for breach of obligations. The appellate instance noted that a customer who accepted goods without objections and partially paid for them cannot subsequently evade fulfillment of contractual obligations. This case demonstrates the effectiveness of judicial protection of suppliers' rights when working with government customers and the importance of proper document flow in executing government contracts.
