[Case Summary]This case involves a quality dispute in a sales contract. Zhang * purchased 6,085 jin of Sunshine Rose grapes through the introduction of his friend Gu * and paid a purchase price of 62,450 yuan and a balance of 12,000 yuan. However, after the grapes arrived, he found that the quality did not meet the agreed standards, and he sold them at a low price, resulting in a loss of 18,000 yuan. He then entrusted Beijing Henglu Law Firm to handle the case on his behalf.Wang XinruiProtecting rights. The lawyer argued that the parties were in a sales contract relationship, and the seller should compensate for the losses caused by the delivery of goods that did not meet quality requirements. The court adopted our opinion and ruled that Gu * should compensate Zhang * for losses of 18,000 yuan and return 12,000 yuan. The core disputes were the nature of the legal relationship between the two parties (sales or agency) and whether the seller should bear the liability for compensation for non-conformance with quality requirements. Applicable legal provisions: Articles 595, 919, 577,583, 584, 587, and 615 of the Civil Code of the People's Republic of China.

I. Review of the case

"What should I do if the quality of the imported fruits doesn't meet the standards and the supplier refuses to acknowledge it?" — This is a common dilemma faced by many operators engaged in fruit wholesale and retail. In September 2021, Zhang * learned about the market situation of Sunshine Rose grapes through his friend Gu * and decided to purchase 6,085 jin of Sunshine Rose grapes from Gu * at a price of 8.5 yuan per jin. In addition to the packaging fee, insurance fee, and labor costs, Zhang * paid Gu * a total of 62,450 yuan for the grapes and an additional 12,000 yuan for the remaining goods, making a total payment of 74,450 yuan.

After the grapes arrived, Zhang found that the size, variety, and quality of the grapes promised by Gu did not meet the agreed standards, resulting in Zhang selling the grapes at a price lower than the cost price. Later, on the condition that Gu agreed to bear the losses, Zhang sold the grapes at a low price, losing a total of 18,000 yuan; but Gu has not fulfilled his obligation to bear the losses. Gu argued that the two parties were not cooperating, and he was just helping to purchase the grapes, with no responsibility for the profits or losses. The two parties could not reach an agreement, so Zhang sued the court and entrusted Beijing Henglu Law Firm to handle the case for him.Wang XinruiAgent.

II. The focus of the case

  • Focus 1: The nature of the legal relationship formed between the two parties is a sales contract or a agency relationship.This directly determines whether Gu should be held responsible for the quality of the goods and the losses incurred.
  • Focus Two: Should Gu * bear the losses suffered by Zhang * due to the non-conformance of the quality of the goods?It is necessary to combine the chat records, accounts, and quality commitments to determine the seller's liability for compensation for non-compliance with the contractual obligations.

III. Professional intervention by Hengluo Lawyers

The party involved (the plaintiff) alleges that:Gu * introduced the quality of the goods, the purchase price, and the source of the goods to him and made a promise of high quality and favorable price. The two parties agreed on the quantity, quality, price, and performance methods, and have actually performed them. However, the grapes supplied by Gu * did not meet the quality requirements. Therefore, Gu * should compensate him for the loss of 18,000 yuan from selling the grapes at a low price and refund the remaining 12,000 yuan.

The other party (the defendant) argued that:Gu * claimed that he and Zhang * were not in a cooperative relationship, and that he was merely helping Zhang * acquire grapes. Zhang *'s business profits and losses had nothing to do with him, so the losses he claimed should not be borne by him.

Hengluo Lawyer's Agency Opinion:The lawyer carefully reviewed the case and analyzed the WeChat chat records and transfer records of both parties, pointing out that based on the chat and transfers, the two sides discussed the name, quantity, quality, price, performance period, location, method, packaging method, etc. of the subject matter and had actual performance actions. The transfer of ownership of the subject matter and the fact that selling at a higher price than purchasing is more consistent with the intermediate buying and selling behavior of earning price differences, so the two parties actually formed a sales contract relationship. This contract is a true expression of intention, and its content does not violate the mandatory provisions of laws and administrative regulations, so it is legal and effective, and both parties should perform their obligations. According to the chat records of both parties, Zhang * repeatedly emphasized quality requirements before delivery, and Gu * repeatedly made promises of high quality and low price. After receiving the goods on September 19, 2021, Zhang * promptly raised quality objections and requested a refund. Gu * said, "You can't lose out either. Whatever you think is reasonable, I can accept it." On September 20, Gu * again admitted, "Give me whatever you have left over or not. I'll definitely handle it well." In summary, the goods supplied by Gu * do not meet the quality requirements, and Zhang *, as the buyer, has the right to claim compensation for losses.

IV. Outcome of the case

The court adopted the opinion of Hengluo Law Firm and supported the claim, holding that the goods supplied by Gu * did not meet the quality requirements and Zhang * had the right to claim compensation. Zhang *'s claims had factual and legal basis and were supported. The judgment is as follows: First, the defendant shall compensate the plaintiff for the loss of 18,000 yuan within ten days from the effective date of the judgment; Second, the defendant shall return 12,000 yuan to the plaintiff within ten days from the effective date of the judgment. Beijing Hengluo Law FirmWang XinruiWe helped the client recover a total of 30,000 yuan in losses.

5. Henglu Law Firm's Reminder

In the sales contract, the buyer should strengthen the awareness of quality acceptance risk, and pay special attention to the time, method and evidence preservation in the handling of quality objections. The buyer should timely raise written objections and preserve evidence such as chat records, photos, and accounts within the agreed time limit for objections, otherwise, the buyer will be put in a passive position. This case is handled by Beijing Henglu Law FirmWang XinruiThe attorney (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acts as the agent.

VI. FAQ on Quality Disputes in Fruit Trading

  1. Q: If the quality of the fruits we receive is unsatisfactory and the supplier refuses to compensate us, what should we do?
    A:Collect evidence such as chat records, transfer records, account statements, and photos to prove the quality agreement. Raise quality objections in a timely manner, and you can, in accordance with the sales contract, request the seller to compensate for the loss of price reduction and refund the corresponding amounts.
  2. Q: The other party said it was a favor to help with purchasing on behalf of others, not a transaction. Do I need to take responsibility for it?
    A:The key point is whether the ownership of the subject matter is transferred and whether the seller buys low and sells high to make a profit from the price difference. If it is essentially a transaction, the seller should bear the liability for breach of contract if the delivered goods do not conform to the agreed terms.
  3. Q: How long after receiving the goods is it effective to raise a quality complaint?
    A:It should be raised within the time limit for quality objections as agreed in the contract; if there is no such agreement, it should also be raised in writing and with evidence promptly after receipt of the goods. Delaying may result in the loss of rights.
  4. Q: Does the seller's verbal promise of "high quality and low price" count as a legal commitment?
    A:The quality commitments made in WeChat chats can be used as evidence of the contract content. If the seller delivers goods that do not meet the agreed standards, the buyer can claim compensation.
  5. Q: Can the seller fully compensate for the losses of handling defective goods at a low price?
    A:The reasonable price reduction losses caused by non-compliance with quality standards can be claimed as compensation. The court will determine the specific amount based on the evidence. In this case, the court supported the claim for losses of 18,000 yuan and a refund of 12,000 yuan.