No Contract Signed: Fifty Thousand Sets Of Labels For Clothing Scrap.
It is really speechless. I commissioned the processing plant to resume film. As a result, 50 thousand sets of labels were completely scrapped. I am not only too late to deliver to customers, but also to bear responsibility for breach of contract. " Recently, Ms. Wu came to the Yiwu City Industrial and commercial bureau heavy city industrial and commercial complaints, asked the processing plant responsible person Lin compensation economic losses.
No standard of acceptance is found to cause disputes.
Ms. Wu is doing business in Yiwu. In February 10th, a Guangdong businessman ordered a batch of clothing labels for Ms. Wu, which agreed to deliver before February 28th. In February 25th, Ms. Wu sent 50 thousand sets of clothing labels to a film processing factory on Hou he street to make film processing. The two sides did not sign a written contract, nor did they elaborate on the acceptance criteria for the processing quality. They only agreed on the oral processing fee of 590 yuan and delivered two days later.
In February 27th, Ms. Wu went to pick up the goods. However, she found that the 50 thousand sets of clothing labels had been scrapped, because the membranes were not unglued and blurred. Because of the delivery of goods to Guangdong merchants in the second day, Miss Wu is very anxious and immediately negotiated with Lin Fei, the head of the plastic film processing plant. She asked Lin to pay for the 50 thousand sets of clothing label costs and assume a total loss of 5000 yuan for failing to deliver the goods on time.
Lin refused on the spot: "we have not signed a contract, you have not said the quality standard of processing, and the problem is not my responsibility." In desperation, Miss Wu complained to the heavy industry and Commerce Bureau before March 2nd.
3190 yuan was awarded through mediation.
After receiving the complaint, the heavy industry and Commerce office immediately called the two sides to mediate. Industrial and commercial personnel said that Ms. Wu handed over the processing of 50 thousand sets of clothing labels to the processing plant, and the processing factory also collected 590 yuan processing fees on the spot.
In view of the fact that Lin admitted that the label of the clothing label did not conform to the quality requirement of Ms. Wu, according to the relevant laws and regulations, "the results of the work delivered by the contractor are not up to the quality requirements, and the custom-made personnel can ask the contractor to undertake the liability for breach of contract, such as repair, rework, reduction of remuneration, compensation for losses." Because the 50 thousand sets of clothing labels have been scrapped after processing, and can not be repaired, the business people believe that the processing plant should compensate for the 2600 yuan cost of the clothing label of Ms. Wu, and refund the processing fee of 590 yuan, totaling 3190 yuan.
For Ms. Wu's request that Lin cannot bear the responsibility for breach of contract on time, the business people believe that there is neither a written contract nor a verbal agreement between Wu and Guangdong merchants, so her claim is not supported. After mediation, Ms. Wu and Lin finally agreed.
The business sector in Yiwu reminds the vast number of merchants that they must sign a written contract with the other party when they are doing business. The contents include the subject matter, quantity, quality, remuneration, the way of accepting the contract, the supply of materials, the time limit for performance, the standards and methods of acceptance, the liability for breach of contract, and so on.
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