Resolution Supply contract

abogado contrato de suministro











In the trade relations between SMEs, frequently supply contracts not materialize fully, but not cease to be binding and prevents damages for breach.

The judgment of the Audiencia Provincial de Zaragoza 21 January 2014 solves a case of this type.

In December 2004 companies "Funerzinc" and "Memora" celebrating a supply contract funeral coffers, leaving for later times the realization of the details. The year 2005 it should provide 1000 coffers, leaving for future years fixing the amounts.

However in July 2008, Funerzinc sent a communication to terminate the contract, if they proceeded to not rectify the situation within the term of 15 days. Finally, in February 2010 the contract is terminated.

Funerzinc demand Memora before the Court of First Instance, which estimates the same and condemns Memora to pay 883.500 euros. Commemorates appeal before the Provincial Court of Zaragoza.

The Court rejected that both parties would agree to rescind the contract, there being sufficient to consider verbal protests nonexistent mutual agreement. It is estimated that Memora breached the supply contract.

Regarding amount of compensation the lost profits, corresponding to benefit unobtained by Funerzinc with coffers that should have been supplied, and Memora not ask, is considered established by providing publicity for the defendant and witness evidence.

Ultimately, dismissing the appeal and confirmed the sentence of the Court of First Instance.

Although a supply contract has not been concluded in writing, binding on the parties and failure to comply may lead to compensation for damages shall also include the lost profits and damages.

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