Between suppliers of a film of Agfa Healthcare in Russia the conflict with criminal case erupted

In March, 2018 the Novye Vedomosti edition published material about the conflict between the Gatchina hospital and the supplier of a thermal film Komtekh company^[1].

Carrying out tender

In the spring of 2016 the Gatchina hospital held an electronic auction on purchase of a thermal film. The auction was won by the Moscow firm "Komtekh". The second participant of an auction, the St. Petersburg company "Magnas", before several years in a row delivering films in this hospital as the only organization accepting in tenders, offered much higher price and lost an auction. Let's notice that both firms offered the same film of Agfa company. So the choice for organizers of an auction was simple who will offer the smaller price, that also won. And occurred.

At once after announcement of results of an auction the Moscow entrepreneurs began to fulfill the obligations, having delivered to the Gatchina hospital the ordered quantity of a x-ray film, necessary for its work.

The hospital accepted all delivered goods without notes, signed commodity-transport delivery notes, did not show any damage statements on a container, packaging, marking, quantity and goods quality in the terms provided by provisions of the contract and Article 513 of the Civil code of the Russian Federation.

The hospital terminates the agreement and refuses to pay

Later the hospital unilaterally refused agreement performance as when using a x-ray film "numerous shortcomings, low sensitivity, turbidity of the image, low contrast … were revealed".

As it became clear during the taken place judicial proceedings on April 14, 2016, i.e. almost right after the held auction, the management of hospital directed the certain not specified goods to examination to their direct competitors on the taken place auction – Magnas company which transported these "goods" of AGFA company.

On May 26, 2016 "AGFA" wrote the reply letter in English without number, dates and its notarized translation in which indicates in the relation of "certain" goods that it parameters of the film which is in packaging differs from the parameters specified on marking. These documents do not contain any indications on quality of "certain" goods.

And here on the basis of this unconvincing letter, without notice Komtekh companies, hospital posted on the website of state procurements a unilateral refusal from performance of the contract.

And meanwhile, all x-ray and thermal film of Agfa as stated in the appeal of lawyers of Komtekh to the Investigative Committee of the Russian Federation delivered under the contract "completely met the technical specifications, the specification and terms of the contract. Original markings, stamps and barcodes of AGFA HealthCare producer, Belgium, for goods delivered to the Russian Federation are applied on packagings. The quality of a delivered goods is confirmed with the conformance statement, permission to use and use is in the territory of the Russian Federation confirmed with registration certificates, the legality is confirmed with numbers of the cargo customs declarations specified in invoices".

In August, 2016 the hospital signed the delivery contract of the same film with the Magnas company, and at cost exceeding the cost of the similar film delivered Komtekh by one and a half times, and a request of Komtekh company at least a film to return, answered that the received film completely … was destroyed, having handed over it on a film studio for silver development.

At the end of 2017 the Arbitration court of St. Petersburg and the Leningrad Region considered claims of the Moscow company "Komtekh" to "The Gatchina clinical interdistrict hospital". Hospital obliged to pay to the Moscow entrepreneurs products delivered earlier – a x-ray medical film of Agfa company.

Criminal case concerning the head Komtekh

Concerning the head of Komtekh company Alexey Prokofiev criminal case on its charge of "import to the territory of the Russian Federation of counterfeited and poor-quality medical products" was brought. Law enforcement authorities delayed Prokofiev "for refining of biographical particulars" directly at the exit from arbitration listenings. Komtekh won arbitration courts in all instances.

Prokofiev repeatedly officially addressed the CEO of the Russian representative office of "Agfy" Roman Ryzhkov with requests directly to buy their film, but every time was refused.

Prokofiev and the staff of his company were worn out on interrogations, at them at office and searches which gave nothing were spent at home. But nevertheless, already having three decisions of the St. Petersburg arbitration on the satisfaction of claims Komtekh in the Gatchina hospital the staff of investigative department of Gatchina of SU of SK across the Leningrad Region prolonged a period of investigation till March 18, 2018. For a further possibility of prolongation of a period of investigation at the local level, the investigator decided to bring to Prokofiev charge.

Notes