Learning and Sharing on Common Quality Issues of Goods in Sales Contracts

The sales contract is the most important contract in our lives, and disputes over the quality of goods in sales contract disputes are very common in daily life. On the afternoon of September 6, 2024, during the Denghu Classroom, my legal assistant Mo Shida summarized and provided tips on the quality issues of goods in the sales contract, based on recent involvement in handling sales contract cases.

Firstly, Assistant Mo summarized the situation where there is no agreed quality standard for the goods. According to Article 616 of the Civil Code, it can be determined in the order of mandatory national standards, recommended national standards, industry standards, general standards, or specific standards that meet the purpose of the contract.

Subsequently, Assistant Mo analyzed how to determine the inspection period for goods. According to the Civil Code and relevant laws, the inspection period for goods can be divided into three situations: agreed inspection period, unspecified inspection period, and seller's knowledge that the goods do not comply with the agreement.

Finally, in light of the Supreme People's Court case No. 185 (2019), Assistant Mo suggests that if there are quality issues with the goods and the seller sues the buyer for payment, the buyer should promptly file a counterclaim or file a separate lawsuit to protect their rights and interests. Additionally, it is important to promptly negotiate and resolve any quality issues with the goods with the seller. The buyer should pay attention to keeping evidence of any problems with the goods, as well as records of negotiations and discussions. If the seller refuses to handle the goods with quality problems, the buyer should pay attention to keeping the repair contract, payment vouchers, invoices, etc. when choosing to repair them themselves or entrust a third party to repair them, so as to later claim the contract costs incurred from the seller.

After listening to the sharing of Lawyer Mo Shida's assistant, every colleague felt that they had benefited greatly. Thank you very much for the sharing from Lawyer Mo Shida today. We look forward to learning more useful knowledge through the Denghu Classroom!