Shoes, the sole 'blame'?

by:BEF     2020-07-06
'Are you the sole is unqualified, I return, I don't pay the money. '' then why don't you tell me? But now I can't put this as a reason for payment. 'Yesterday, shaoxing arbitration commission hearing the case about the shoes together, the two sides. In the end, the arbitration commission according to the actual case, claim pay sole shoe factory processing payment.

last December, shaoxing, a shoe factory received a foreign orders, because the time is tight, the enterprise will be part of the sole living to a partner company B. At that time, the two sides made the contract, by company B for the shoe factory processing soles, worth 200000 yuan. Payment is to be prepaid $50000 contract is signed, the balance would be in the late arrival.

at the beginning of the contract, the shoe factory paid 50000 yuan in accordance with the contract. A month later, B company will all sole is processed, to the shoe factory. Later the shoe factory was delayed to pay the balance. After repeated negotiation is invalid, B company hence in accordance with the arbitration clause stipulated in the contract, submit the arbitration application to shaoxing arbitration commission.

in the case, the shoe factory, company B sole does not conform to the requirements of production, the shoes appear quality problem, the shoes export and then back by foreign manufacturers, shoe factory therefore suffers a loss. Is not recognized, company B, think there is something wrong with the sole we had at the same time, also should have been told that, until now, the lack of convincing.

after the arbitration court thinks, according to 'contract law' the two hundred and sixty-first 'complete the work, the hiree shall deliver the work product, to order and submit the necessary technical data and related quality certificate. Order should be acceptance of the work 'the provisions of the custom make people have the obligation to acceptance on crops, not raise any objection within a reasonable period after acceptance or acceptance, as crops to conform to the requirements of the contract. In this contract dispute, both sides no clear agreement JianYanQi, shoe factories should be found quality problems of B company within the reasonable period. Shoe factory but there is no evidence to suggest that B company sole does not conform to the requirements of production, and then receive the sole and put into production, at the same time provide evidence for foreign customers because of quality problems to return, which shall be deemed to conform to the requirements of the quality of B company's sole. Accordingly, shaoxing arbitration commission ruled for shoe factory in accordance with the contract agreement to pay the rest of the sole payment of 150000 yuan.

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