OJSC Energomash shipped electric motor boats to the address of Avtozavod OJSC by rail. The cargo was loaded by the consignor and sealed. At the station of destination, he arrived in serviceable cars for serviceable seals of the shipper with a delay of 12 days. When the car was opened, it turned out that two engines had disappeared, and five had obvious damage.
Due to the late delivery of electric motors, Avtozavod OJSC did not fulfill its obligations to supply motor boats to the fishery and paid the latter a penalty for breach of contractual terms and losses. In this regard, Avtozavod OJSC filed a claim against the Oktyabrskaya Railway Administration for recovering a fine from it for delaying the delivery of goods (electric motors), the full cost of missing and damaged engines, as well as for damages caused by paying a penalty to the buyer for the late delivery of boats.
The railway did not acknowledge the claim, stating that it did not have to pay damages to the consignee, and as for delay, it was due to meteorological conditions (there were snow drifts).
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