Export Shoes Mildew Suppliers Take Losses
After crossing the sea, the shoes of a foreign country went out of the cabin but mildew appeared.
What is it?
footwear industry
The company provided mildew shoes, or the mildew caused by long-distance pportation? In October 10th, the reporter learned from the Luyang District Court of Hefei that the dispute on import and export goods, which was first examined by the Luyang court, found that Wenzhou footwear company should be responsible for the mildew of the goods.
In December 5, 2010 and April 2, 2011, an import and export company in Anhui was divided into two times.
Wenzhou
The shoe company signs the purchase contract and purchases canvas shoes from Wenzhou.
Children's shoes
Export sales to Poland.
Before signing the contract, Wenzhou shoes company provided all the samples to Anhui import and Export Corporation.
After signing the contract, the Wenzhou shoe company shipped the goods to Ningbo port for shipment.
For example, after arriving in Poland, Poland customers found that all the shoes were moldy and could only be washed and reused manually.
Poland customers deducted 125935.74 yuan from Anhui import and export company.
The import and export company believes that they have not touched the goods at all. They are loading and pporting goods from Wenzhou shoe company.
It should be the Wenzhou shoe company's pportation of moldy goods to Poland, causing the dispute.
Anhui's import and export companies have repeatedly failed to communicate with Wenzhou footwear companies, but instead, Wenzhou shoe companies have filed for payment.
Therefore, the Anhui import and export company prosecuted the Wenzhou company to the Luyang court, and thought that the goods provided were not in conformity with the contract stipulations and should be compensated for the losses.
Wenzhou footwear company said that the Anhui import and export company and its contract counterparts pferred the commercial risk to the supply of goods themselves, which is unfair.
The contract expressly agreed on the inventory of goods, but did not make special arrangements for mildew, and the law did not stipulate that mildew goods could not be exported.
Although the Wenzhou company has made remedial measures to solve the problem, it does not mean that it acknowledges the quality problem.
The court found that in the purchase contract of both parties, the contract price, delivery date and place of delivery were not only stipulated, but also agreed that the quality standard accords with export standard and production standard. If the quality of the goods is not up to standard, the Anhui import and export company has the right to return the goods, and the Wenzhou shoe company should bear all the losses caused by the return.
The Luyang court held that mildew goods obviously did not meet the export standards and production standards. Although there was no evidence to prove the cause of the mildew, the purchase contract stipulated that the shelf-life of the goods was half a year after the shipment, so mildew took place in the warranty period.
Therefore, the Wenzhou shoe company should take responsibility for the mildew of the goods. It should compensate the Anhui import and export company for the loss of 106850 yuan.
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