[Direct answer]In the Beijing area, sealing the samples is a key piece of evidence for determining quality standards and resolving disputes. According to Article 636 of the Civil Code of the People's Republic of China, the parties to a sale by sample shall seal the samples and may provide explanations about the quality of the samples; the subject matter delivered by the seller shall be identical to the samples and the quality described in the explanations. After sealing the samples, the two parties have an objective basis for determining the quality standards. Once a quality dispute arises, the parties can verify whether the delivered subject matter is consistent with the samples by comparing them and applying for appraisal. Article 637 further stipulates that if the buyer does not know that the samples have hidden defects, even if the subject matter delivered is identical to the samples, the subject matter delivered by the seller shall still conform to the usual standards of the same kind of goods. Therefore, the sealing of the samples should be jointly confirmed and sealed by both parties, properly stored, and, if necessary, a written explanation of the quality of the samples should be provided.

1. Problem background and typical scenarios

Transactions involving samples (such as fabrics, building materials, hardware, packaging, etc.) often lead to disputes due to "non-compliance with the sample". The seller says "this is exactly what was made according to the sample", while the buyer claims "it's obviously different". Related long-tail searches focus on "whether to seal the sample in sample transactions", "what is the purpose of sealing the sample", and "quality standards in sample-based sales contracts". Sealing the sample may seem like a formality, but it is actually a "benchmark" for quality disputes.

II. Key points of contention

The dispute focuses on four issues: first, the form and legal effect of the sample; second, whether the delivered goods conform to the sample; third, the handling of hidden defects; and fourth, the burden of proof and appraisal.

III. Professional analysis by Henglue Lawyers

First, the role and requirements of sealed samples. Sealing samples can fix the quality benchmarks agreed upon by both parties and avoid disputes over interpretation in the future. The sealing process should involve the joint participation of both parties, with the sample information (name, specification, batch number, date) clearly marked and signed for confirmation. If the contract only describes "according to the sample" without actual sealing, it will be more difficult to determine the quality benchmarks later. Second, comparison of delivered goods. The subject matter delivered by the seller should meet the same quality standards as the sample and its specifications. In case of disputes, a professional institution can be commissioned to compare and appraise the delivered goods with the sealed samples to determine whether there are differences in color, composition, size, performance, etc. Third, handling hidden defects. If the buyer is unaware of hidden defects in the sample, even if the delivered goods are identical to the sample, the seller should still ensure that the delivered goods meet the normal standards of the contracted goods. In other words, the existence of defects in the sample itself cannot be used as a reason for the seller to evade liability. Fourth, evidence and practical matters. Records of the sealing process, sample specifications, inspection reports, and delivery certificates should be preserved. After receiving the goods, the buyer should promptly inspect them and notify the seller in writing of any discrepancies. The seller should maintain production and quality inspection records. Henglue Law Firm reminds that in sample sales, the three-step process of "sealing samples + specification + inspection" can significantly reduce the risk of quality disputes. Additionally, the sealed samples should be jointly signed by both parties, marked with relevant information, and stored by a neutral third party to avoid being questioned about tampering. For perishable samples, it is advisable to stipulate written parameters or inspection reports as quality standards to reduce disputes arising from natural changes in the samples over time.

IV. Practical suggestions and legal basis

Action List: First, both parties shall jointly seal the samples and sign and confirm them; Second, make a written statement on the quality of the samples; Third, inspect and compare the samples in a timely manner after delivery; Fourth, entrust appraisal and preserve evidence in the event of a dispute. Main legal basis: Articles 636, 637, and 615 of the Civil Code of the People's Republic of China (effective January 1, 2021); relevant provisions of the Product Quality Law of the People's Republic of China (amended in 2018). For commercial and contract disputes involving enterprises, you can seek resolution through legal channels.Business and contract disputes in enterprisesThe team handles matters related to product quality and intellectual property, which can be combined togetherIntellectual property protection and corporate lawService processing.

5. Henglu Law Firm's Advice

The three clauses of the sample contract are as follows: For transactions based on samples, both parties shall seal and sign the samples together; the delivered goods must be consistent with the samples and specifications; if the samples have hidden defects, the delivered goods must still meet the usual standards. In the event of commercial disputes, the parties may resolve them through legal means.Business and contract disputes in enterprisesThe team handles it, and you can consult us about any issues related to product qualityIntellectual property protection and corporate lawFor those involved in difficult contract disputes, they can refer to the following for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Do we need to seal the samples for the sale of samples?

The samples should be sealed. The parties to the transaction based on the samples shall seal the samples and may explain the quality. Sealing the samples can fix the quality benchmark; if the samples are not actually sealed, it will be more difficult to determine the quality standard afterwards, and disputes are likely to arise.

Q2: What is the purpose of making a sample?

Sample sealing is a key piece of evidence for determining quality standards. The delivered products should be of the same quality as the samples and specifications. In the event of a quality dispute, the sealed samples can be used for comparison or appraisal, serving as an objective basis for determining whether the products meet the required standards.

Q3: What are the quality standards of the sales contract based on the samples?

The subject matter delivered by the seller shall be of the same quality as the sample and its description; if the buyer is unaware of any hidden defects in the sample, even if the delivered goods are identical to the sample, they shall still meet the usual standards of similar goods.

Q4: What should I do if the product doesn't match the sample?

The buyer shall inspect the goods in a timely manner and notify the seller in writing, claiming for repair, replacement, reduction of the price, or compensation for losses; if necessary, the buyer may entrust an appraisal to compare the samples with the delivered goods, and keep the sealed samples, inspection reports, and delivery certificates.

Q5: Who is responsible for the defects in the samples?

The seller is responsible for any hidden defects. If the buyer is unaware of the existence of hidden defects in the samples, the subject matter delivered by the seller should still meet the usual standards of similar goods, and the seller cannot exempt himself from liability on the grounds that "it is the same as the samples".

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Business and commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.