Vasiliev, a sales agent for a company that sells comput

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Uploaded: 15.11.2018
Content: S18-218.docx 15,89 kB

Description

Vasiliev, a sales agent for a company that sells computers, signed an agreement on behalf of the company for the supply of four computers to a joint stock company. Since the computers were not delivered within the stipulated contract period, the JSC filed a lawsuit with the court of arbitration for the recovery of the penalty provided by the contract, the return of funds transferred to the company as a prepayment, as well as a remuneration paid to Vasilyev, equal to 0.3% of the amount of the transaction. In the response to the claim, the company indicated that it was ready to return the funds transferred to its AO, but she does not intend to pay the penalty and reimburse the remuneration paid to Vasilyev. The company´s position was based on the fact that the contract for the supply of computers concluded by Vasilyev was invalid, because Vasilyev, like all other sales agents of the company, was authorized only to search for potential computer buyers and negotiate with them, but not to sign any contracts . As for the remuneration paid to Vasilyev, the company has nothing to do with it, since it itself pays commissions to its sales agents on each transaction concluded with their help. During the trial, it turned out that, firstly, Vasilyev was not registered as an entrepreneur, and, secondly, an agreement was signed between him and the joint stock company, according to which Vasilyev was assigned to search for computers necessary for AO at a price lower than the market price with payment remuneration in the amount of 0.3% of the transaction amount.
How to resolve the dispute? Can Vasiliev be considered as a commercial representative? Will the solution of the problem change if the company has already installed one computer?

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