At the end of 2004, a citizen of Beijing, a family of 73,500 yuan, purchased 21 pieces of mahogany furniture including beds, cabinets, tables, chairs, sofas, etc. from a certain mahogany manufacturer. The two parties signed the purchase contract to indicate the material of the furniture: "Red rosewood, true In fact, when he wiped the furniture in March 2005, Mr. Shan suddenly found that the color of the furniture had a problem, and the result of the identification was that the furniture did not conform to the red rosewood material.
70,000 buy back redwood found that adulteration of fake holiday pay ten buyers claim 700,000
It is understood that a citizen of Beijing, Mr. Shan, spent 71,500 yuan at the end of 2004 to purchase 21 pieces of mahogany furniture including beds, cabinets, tables, chairs, sofas, etc. from a certain mahogany manufacturer. The two parties signed the purchase contract to indicate that the material of the furniture is: “red acid Branch, real material, a penalty of ten."
After buying the favorite mahogany furniture, Mr. Shan naturally loves it and cares for it every day. When wiping the furniture in March 2005, Mr. Shan suddenly found that the color of the furniture had a problem. After consulting with the experts, he questioned the material of the purchased furniture. So I commissioned the Beijing Furniture Quality Supervision and Inspection Station to identify one of the pieces of furniture. As a result, the furniture did not meet the red rosewood material.
In case of negotiating with the seller, Mr. Shan sued the seller to the court and demanded that the other party “pay ten for the fake†in accordance with the contract's promise, and compensated for 10 times the amount of 735,000 yuan, while bearing the furniture identification fee and legal fees.
The court ordered the seller to compensate more than 360,000 yuan. The seller said that when Mr. Shan purchased the furniture, he was clearly told that the material of the furniture was not red rosewood and had other auxiliary materials, so the price was lower than the price of similar furniture. Mr. Shan signed a sales contract after he was optimistic about the furniture he purchased and was satisfied. The quality agreement between the two parties in the contract is: the wooden furniture has a shelf life of one year besides the surface flaw. He also believes that even if the furniture does not meet the agreement, Mr. Shan can still use it, and will not cause any loss to him, so he does not agree with Mr. Shan’s claim.
During the trial, the court entrusted the Beijing Furniture Quality Supervision and Inspection Station to entrust the Beijing Furniture Quality Supervision and Inspection Station to conduct material identification for the remaining 20 pieces of furniture. The inspection results are: the materials of the 20 products tested cannot be called all red rosewood ( Non-red rosewood material is mainly found in sapwood). In the end, the court ordered the seller to pay the contractor’s liquidated damages of more than 360,000 yuan within 15 days after the judgment took effect.
The premise of the agreement is not perfect, only five can not be lost
The judge who presided over the case said that according to the facts ascertained, the furniture sales contract signed between Mr. Shan and the seller was the true meaning of both parties, and both parties should perform in accordance with the contract. If China's "Contract Law" stipulates that the quality does not conform to the agreement, it shall be liable for breach of contract in accordance with the agreement of the parties. The seller only fills in the “red rosewood†in the material column of the contract, which is unclear in the contract. After the appraisal conclusion of the relevant furniture appraisal department, the furniture sold by the seller to Mr. Shan has already partially violated the contract.
The seller’s promise of “fake a penalty of ten†in the contract is not only the obligation set for himself, but also the basis for the right of the party’s counterparty to exercise the “fake penalty of ten†right. In this case, the main material used by the seller to sell Mr. Shan's main materials is red rosewood, and the non-red rosewood material is mainly used for the sapwood default, so the seller should bear certain liability for breach of contract.
In addition, the "fake one" clause agreed by the two parties is not perfect. Therefore, the court decides, according to the actual situation and extent of the case, the seller to bear the corresponding amount of default.
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