Win case of sales contract dispute
The buyer purchased the goods from the seller. After the buyer paid for the goods through the bank account, the seller failed to deliver the goods as agreed, claiming about the market price was higher than before. After negotiation, the guarantor agreed to guarantee the refund. However, after the agreed repayment time expires, the seller and the guarantor still fail to deliver the goods or refund. The buyer entrusted our law firm to solve the case. After accepting the case, the law firm submitted lawsuit to the people’s court where the defendant is located according to law. The seller argued in the court that it had fulfilled its contractual obligations, but did not provide proof. Finally, the court ruled that the seller needs to refund and pay liquidated damages, and the guarantor shall be jointly and severally liable for this debt.
Contract Law Article 135 the Seller shall perform its obligation to deliver goods or the document for taking delivery of the goods to the buyer, and transfer the ownership of the goods.
Article 114 the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, or may agree on the calculation method of the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the parties may request the people’s court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people’s court or arbitration institution to reduce them appropriately.