After three months of dispute over the sale and purchase contract between Fengzhu Company and Basuni Company, Fengzhu Company recently received the "Civil Judgment" of the first instance from Jinjiang City People's Court. Identified.

1. Basic situation of the case

From May 2017 to May 2018, Fengzhu Company and Basuni Company successively signed 6 "Equipment Purchase and Sale Contracts", a total of 35 high temperature ecological levelling machines, the total contract price is 20.82 million yuan, Fengzhu Company 90% of the total contract price has been paid in accordance with the contract, and the remaining 2,077,000 yuan will be paid as a quality guarantee according to the contract. Due to the non-payment of the above-mentioned equipment warranty, Basuni Company filed a lawsuit with the Jinjiang City People’s Court on October 26, 2020 on the grounds that the warranty periods of the above 6 contracts have expired and the payment terms have been fulfilled, requesting the company to pay the remaining warranty Gold 2.077 million yuan and interest losses.

In response to the above-mentioned cases, Fengzhu Company actively responded to the lawsuit, provided evidence to the court and defended it in a timely manner. The People's Court of Jinjiang City opened two hearings on November 17, 2020 and December 4, 2020, and finally made a decision [(2020) Min 0582 Minchu No. 14662] Civil judgment of the first instance.

2. The judgment of the case

(1) The court found:

1. Basuni shall prove in accordance with the contract that the equipment delivered by it meets the acceptance criteria of the contract between the two parties and possesses the objective facts for acceptance.

2. The acceptance should be the joint acceptance of both parties. Fengzhu Company claimed that there were quality problems in the equipment with the acceptance report issued by it. Basuni Company did not raise an objection within the acceptance period stipulated in the contract, and did not require the joint confirmation with Fengzhu Company. For quality problems, Fengzhu Company claimed that the quality problems existed during the acceptance as contained in the acceptance report, and the court supported it.

3. Basuni Company has so far failed to provide evidence to prove that the energy consumption problems of the equipment involved in the four contracts involved in the case have been rectified and have been rectified to meet the quality standards agreed by the two parties’ contracts. Fengzhu Company claims the four contract warranty The payment conditions have not yet been fulfilled and the court supported it. Basuni Company claimed that Fengzhu Company should pay the warranty money, but the court did not support it.

(2) The verdict:

1. Fengzhu Company paid 373,000 yuan and interest losses to Basuni Company after the judgment became effective.

2. Dismiss other claims of Basuni Company.

3. The quality issues identified by the court are as follows

1. It is clear that the door cover is easy to deform, the plastic pipe is inserted into the cloth and the cloth is easily topped to the Teflon pipe, and the energy consumption does not meet the contractual agreement of both parties.

2. It is clear that there are situations where energy consumption does not meet the contractual agreement between the two parties.

3. It is clear that the door cover is not protected and there are many bubbles.

4. It is clear that there are quality problems such as the leakage of the Tiburon nozzle and the damage of the main pump.

5. It is clear that there is a problem of easy deformation of the main cylinder head, and Fengzhu Company can claim this right separately.

In response to the above-mentioned cases, Fengzhu Company will continue to actively take various legal measures to protect the legal rights of the company!