ADI Reduces Its OEM In China: Consigning Claims On Behalf Of Factories
Just in Adidas Soon after the closure of its factory in Suzhou, a number of more than 10 generations of factories producing sportswear and T-shirts for Adidas have been informed recently that Adidas will terminate their cooperation with them in October and April next year.
Shanghai Dong Long down products Co., Ltd. is also one of the foundry enterprises that terminated cooperation. Jiang Liuhong is the head of the purchasing department of the company. She told reporters that in May of last year, Adidas had shut down the Suzhou factory. But Erick Haskell, the chief executive of Adidas's China financial operations and Adidas Suzhou factory, convened dozens of suppliers in November last year, denied the news that the Suzhou factory will be closed soon, and promised that cooperation would not change before 2015.
Now, the situation seems to be a satire to the original commitment, and the promised foundry factory is going to talk to Adidas.
At the forum last November, Adidas gave only verbal promises, not written documents. In response to this, Jiang Liuhong said: "at that time, we asked him to write a written agreement to us. His alibi on that day was that the letter of commitment could only be drafted by a lawyer later, but later he never gave it to us."
[domestic OEM enterprises need to make amendments to some articles which are particularly unfair to them. If a contract is signed hastily to win business, the future risk can only be borne by itself.
The EU's anti dumping against China shoe products against the alliance Secretary General Guo Weiwen believes that enterprises should carry out risk assessment when making decisions. At that time, we should stick to the signing of the agreement. "To be responsible, then we should sign the agreement before." You do not have any agreement, which is very difficult to do. "
"Although there is no written agreement, we have tape recordings." Chen Yunfu, one of the foundries responsible for the conference, said.
Wang Chunping, director of the Guangdong International Economic Association, believes that if Adidas really made such a promise and violated the promise, it violated the principle of good faith, which was not permitted by law.
Our request is very simple.
There are three main points for Adidas factory to claim.
First, it will not terminate the pledge of cooperation until 2015.
Second, is the continuity of orders only a matter of perfunctory? Jiang Liuhong said that 8, 9, 10, three months, according to past orders, at least 250 thousand, and this year, there are only 2 million pieces. She thinks that this 20 thousand is only Adidas to delay the time until October.
Third, compensation for machinery and equipment, especially for special equipment. Adidas said it was not satisfied with the machinery and equipment of the foundries, and the representative factory expressed its dissatisfaction.
According to the representative of the delegates, Adidas introduced a plan called Gassa Milestone in 2009. The plan made a score on the capacity, equipment and software of the foundries, and the enterprises whose marks were not up to standard would be eliminated. Because of this plan, the foundries have invested a lot of money in training, equipment and software.
Guo Weiwen pointed out that under the premise of signing relevant agreements with Adidas, the foundries can only share the cost with them.
Guo Weiwen analysis said that in the process of cooperation with clients in the process of cooperation with clients, it is reasonable for the clients to improve the quality of the equipment. The factory itself needs to assess risks. "Adidas did not force you, you also have the right not to purchase. Customers have the right to choose you, and you have the right to choose customers. "
For special machinery and equipment specially used for the production of Adidas products, Guo Weiwen said that the contract should be handled in accordance with the contract. If there is no contract, from the principle of good faith, OEM enterprises can make compensation to Adidas, but ultimately it depends on whether they can get the support of the court.
Small and micro enterprises are difficult to safeguard their rights.
Chen Yunfu recalled that his factory had been dealing with Adidas for more than ten years. In addition to the current contradictions, Adidas was still a good partner in the business process. "Adidas entered China before and after 1996, and we forgot it before it grew up." There was some sadness in Chen Yunfu's words.
"Our several generations of factories are united to communicate with ADI, and the other side ignores you more." Jiang Liuhong said.
According to Jiang Liuhong, a few factory representatives sent mail to Adidas recently. Erick, who was responsible for the email, said he would arrange a meeting in the near future. "I have never thought of finding a lawyer to take legal channels. I just want to talk about it first. If I can't, I may ask a lawyer, but try not to go there. The Adidas side is now willing to talk again, but what is the result of another talk is not yet clear.
The head of the foundries also complained about the helplessness of the rights and interests of the small and medium-sized enterprises: the government did not support the lawyers' team, and had to ask for a lawyer by law, but the factory's capability was limited, and lack of experience, funds and energy in the protection of rights, in a weak position.
Chen Yunfu frankly, small and micro clothing Enterprises have no experience and two energy in the field of safeguarding rights. They are in a weak position. "It is good to manage the factory well."
Wang Chunping suggested domestic Foundry Enterprise When signing a contract, a lawyer, legal person or legal adviser is required to make a strict examination and check on the terms of the contract. If a contract is signed hastily to win the business, the future risk can only be borne by itself.
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