Facts speak louder than words │ Basuni dyeing machine has quality problems
Release time:
2021-01-30
After three months of disputes over the sales contract between Fengzhu Company and Basuni Company, Fengzhu Company recently received the "Civil Judgment" of the first instance of Jinjiang Municipal People's Court. The Qing Dynasty was self-cleared and the court determined that there were many quality problems in Basuni dyeing machine.
Basic information of 1. cases
From May 2017 to May 2018, Fengzhu Company and Basuni Company successively signed 6 "Equipment Purchase and Sale Contracts", totaling 35 high-temperature ecological leveling machines, with a total contract price of 20.82 million yuan. Fengzhu Company has paid 90% of the total contract price according to the contract, and the remaining 2.077 million yuan is paid as warranty according to the contract agreement after passing the acceptance. Due to the non-payment of the above-mentioned equipment warranty, Basuni filed a lawsuit with the Jinjiang Municipal People's Court on October 26, 2020 on the grounds that the warranty period of the above-mentioned six contracts had expired and the payment terms had been fulfilled, demanding the company to pay the remaining warranty of 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 in a timely manner and defended itself, and the Jinjiang Municipal People's Court held two hearings on November 17, 2020 and December 4, 2020, and finally made a civil judgment of first instance [(2020) Min 0582 Min Chu No. 14662].
Judgments in 2. cases
The (I) Court found that:
1. Basuni shall certify that the equipment delivered by Basuni meets the acceptance criteria of the contract and has the objective facts of acceptance.
2. The acceptance shall be the joint acceptance of both parties. Fengzhu Company claims the quality problem of the equipment according to the acceptance report issued by Fengzhu Company. Basuni Company did not raise any objection within the acceptance period agreed in the contract, nor did it request to jointly confirm the quality problem with Fengzhu Company. The court supports Fengzhu Company's claim of the quality problem during the acceptance according to the acceptance report.
3. Basuni Company has so far failed to provide evidence to prove that the energy consumption problem of the equipment involved in the four contracts involved has been rectified and has been rectified to meet the quality standards agreed upon in the contracts of both parties. Fengzhu Company claims that the payment conditions of the quality guarantee fund for the four contracts have not been fulfilled, and the court supports it. Basuni Company claims that Fengzhu Company pays the quality guarantee fund to it, but the court does not support it.
(II) verdict:
1. Fengzhu Company paid 373000 yuan and interest loss to Basuni Company after the judgment came into effect.
2. Reject the other claims of Basuni.
The quality issues identified by the 3. Court are as follows
1. It is clear that the door cover is easy to deform, the cloth-feeding plastic pipe is easy to top to the Teflon pipe, and the energy consumption does not conform to the contract agreement of both parties.
2. It is clear that the energy consumption does not conform to the contract agreement of both parties.
3. It is clear that there are problems of unprotected door cover and many bubbles.
4. It is clear that there are quality problems such as leakage of Tiburon nozzle and damage of main pump.
5. It is clear that the cylinder head of the main cylinder is easy to deform, and Fengzhu Company can claim the right separately.
In response to the above cases, Fengzhu Company will further actively take various legal measures to safeguard the legitimate rights and interests of the company!
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Information release
Fengzhu textile headquarters service telephone:0595-8205 0055
Insider Trading Report Phone:0595-8565 6506 Miss Chan Mei-jin (Secretary of the Board)