Successfully settled international trade dispute
American buyer A purchased goods from Chinese supplier B, with signed contract and invoice. After the payment of deposit of eighty thousand usd, the supplier B did not deliver the goods accordingly. Buyer entrusted our law firm to settle this case in court. After we filed this case in court, the supplier argued that they were not the real supplier, they were agent of the factory C, and they paid the deposit to factory C, and the all the communication in this trade business were between Buyer A and factory C. After we submitted sufficient evidence and laws related to this case, at last the court judged the defendant B to refund twice of the deposit to buyer A. Client was satisfied with the result of this case.
According to the facts found out, the contents of the documents such as the Contract and the Proforma Invoice formed by the purchase and sale of the goods involved determine the subject matter, quantity, material, color, unit price, quantity, payment method and transportation terms of the goods involved, which constitute the contract documents for the purchase and sale of the goods involved. The Contract and the Proforma Invoice both show that the supplier was company B, the buyer was company A, and the Purchase Order had the title of company B, and the signature had the official seal of Company B.
According to Article 2 of the Contract Law of the People’s Republic of China, a contract is an agreement between equal subjects to establish, change and terminate civil rights and obligations. Article 11 “The written form refers to the form of contract, letter and data message (including telegram, telex, fax, electronic data exchange and e-mail) that can show the contents in a tangible way”. Article 12 “The contents of the contract shall be agreed by the parties, and generally include the following clauses: (1) the name or address of the parties; (2) the subject matter; (3) the quantity; (4) the quality; (5) the price or remuneration; (6) the time limit, place and method of performance; (7) the liability for breach of contract; (8) the method of dispute settlement”. Article 131 “In addition to the provisions of Article 12 of this Law, the contents of a sales contract may also include terms such as packaging method, inspection standard and method, settlement method, language used in the contract and its validity”