Considerable remoteness of a place of delivery isn't force majeure circumstance for release from payment of a penalty under the contract

The Ministry of Economic Development of the Russian Federation department considered the address concerning application of provisions of the Federal law of April 5, 2013 No. 44-FZ "About contract system in the sphere of purchases of goods, works, services for ensuring the state and municipal needs" and defined that considerable remoteness of a place of delivery doesn't belong to force majeure circumstances.

Also it is impossible to refer long delivery time to these circumstances, registrations of traveling documents and powers of attorney of consignees as these facts are predicted.

Signing the state (municipal) contract, the supplier has to estimate independently all risks connected with his execution. Thus, if the supplier detained delivery of goods because of emergence of the specified circumstances, it isn't the basis for release it from payment of a penalty according to u. 9th Art. 34 of the Law No. 44-FZ.