Successfully mediated a foreign-related sales contrac
Recently, JIN Intermediate People’s Court successfully mediated a foreign-related sales contract case, effectively safeguarding the legitimate rights and interests of both parties involved in foreign-related disputes through mediation.
The plaintiff, buyer in Singapore, signed a sales contract with the defendant as supplier, a machinery manufacturing company in Shandong in 2015. After the plaintiff paid for the goods and received the goods, found serious quality problems occurred in the use process, requiring the defendant to repair, compensate, return the goods, etc. as soon as possible, but the defendant kept denying, later it could not get in touch. Therefore, the plaintiff filed a lawsuit in this case, demanding the termination of the contract, the return of the goods, and compensation for losses.
After the case was filed, both parties held their respective positions, and the plaintiff claimed that the defendant breached the contract, but the contract signed by both parties to which the plaintiff submitted evidence did not specify the material and quality of the product. The defendant argued that the subject matter involved in the case was customized by the plaintiff, and there was no quality problem. However, the WeChat chat record submitted by the plaintiff could reflect the plaintiff’s repeated failures, replacement, maintenance, etc. in the process of using the machine. After the hearing, the judge in charge analyzed the case from the point of view of the parties in view of the focus of argument between the two parties. The subject matter of the case was in Malaysia. If the contract was rescinded in the judgment case, it would face problems such as equipment return and huge freight charges. The equipment delivered by the plaintiff could operate normally after being replaced and repaired. In order to maximize the interests of both parties, the judge in charge actively communicated with both parties, and ultimately facilitated mutual understanding and mutual understanding between both parties to reach a settlement, sign a mediation agreement. After the mediation, both parties commended the court judges for their fair, efficient and professional trial style.
In recent years, the JIN Intermediate People’s Court, in the trial of foreign-related cases, focused on safeguarding the legitimate rights and interests of the parties, carried out the mediation work throughout the trial of cases, guided the parties to clarify their responsibilities, and urged the mediation to be convenient and efficient.