PRAGNUM helped the client to avoid a lawsuit worth UAH 46 million

Long-term cooperation with the client (which is a world-renowned manufacturer of medical equipment) and a full understanding of the specifics of its commercial activities allowed PRAGNUM lawyers to prevent a potential legal conflict between the client and its buyer (an international network of hospitals specializing in the treatment of cancer), which was already at the stage of exchanging pre-trial claims.

The conflict was caused by a misunderstanding of the terms of the supply contract regarding the quality characteristics that the goods ordered by the buyer - a computed tomography scanner worth over UAH 46 million - must meet. The buyer believed that the scanner should be exclusively new, while the terms of the contract provided for the supply of goods that had undergone factory restoration (refurbished) and certification by authorized bodies of Ukraine.

During the acceptance procedure, the buyer intentionally recorded a number of its "defects" (in terms of quality, completeness, availability of documents, etc.) in order to "convince" the client to make concessions and reduce the price of the product or replace it with a new one. And this despite the fact that the cost of a new product is significantly different from a refurbished product.

Ultimately, both the goods acceptance procedure and the negotiations between the parties reached a dead end, which left no other option for resolving the dispute than initiating legal proceedings with mutual demands and claims, but unknown consequences for both parties.

Considering the risks of a potential dispute, the client engaged PRAGNUM to comprehensively analyze the situation and develop a roadmap for further actions in the relationship with the buyer.

Having assessed all the circumstances of the controversial situation and having successful experience (in particular, judicial) in resolving such conflicts, we offered the client assistance in additional negotiations in order to inform the buyer of the practices in resolving similar disputes that PRAGNUM has accumulated over the course of our activities.

As a result of negotiating with the direct participation of PRAGNUM lawyers, it was possible to convince the buyer of the complete futility of lawsuits and further evasion of accepting the tomograph, the quality of which complies with the terms of the contract as well as regulations and standards, and is also confirmed by its manufacturer's long-term warranty.