[Direct answer]In the Beijing area, if the buyer finds that the quality of the goods does not meet the agreed requirements, they should promptly inspect the goods, notify the seller and preserve evidence, and then exercise their rights in accordance with the contract and the law. According to Article 617 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if the subject matter delivered by the seller does not meet the quality requirements, the buyer may request the seller to bear breach of contract liability in accordance with the provisions of the law; Article 582 further stipulates that if the performance does not meet the agreed requirements, the buyer may reasonably choose to request the seller to bear breach of contract liabilities such as repair, redelivery, replacement, return, reduction of price or compensation. Article 620 stipulates that the buyer shall inspect the subject matter within the agreed inspection period upon receipt of the subject matter; Article 621 stipulates that if the parties have agreed on an inspection period, the buyer shall notify the seller of the quality non-conformity within the inspection period. If the seller engages in fraud, the buyer may also request the rescission of the contract in accordance with Article 148. Therefore, the key to protecting rights in quality disputes is to promptly notify the seller within a reasonable or agreed inspection period, apply for quality appraisal, preserve samples and inspection reports, and choose to return the goods, reduce the price, repair the goods, or rescind the contract and claim damages according to the degree of breach of contract. If necessary, the dispute can be resolved through litigation or arbitration.

I. Problem background and typical scenarios

In trade transactions, quality disputes such as goods not conforming to samples, deviations in specification parameters, hidden defects, or inability to function properly are very common. Typical situations include: equipment failing to meet standards after arrival, raw material components not conforming to agreements, hidden defects in goods only becoming apparent months later, and sellers refusing to accept responsibility on the grounds that the goods have already been accepted. The difficulties faced by buyers include: providing evidence of quality issues, grasping the deadline for inspection, and choosing appropriate remedies. With frequent commercial transactions in Beijing, quality disputes often involve large sums of money, and timely notification and professional appraisal are key to successful legal protection.

II. Key points of contention

First, whether the goods fail to meet the agreed quality standards, and how to prove it. Second, whether the buyer fulfilled the notification obligation within the agreed or reasonable inspection period. Third, how to handle hidden defects and problems discovered within the warranty period. Fourth, whether to claim repair, replacement, return, price reduction, or contract termination. Fifth, who should apply for a quality appraisal, and how to accept the appraisal conclusion. Sixth, whether the seller engaged in fraud, and whether it is possible to request the rescission of the contract and compensation. Only by clarifying these issues can we choose the appropriate remedial path.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a dispute over a second-hand housing sales contract: one party transferred the ownership of the house to a relative in the form of a sales contract but failed to actually pay the purchase price. The other heirs claimed that the contract was invalid. After accepting the case, Henglue Law Firm conducted a thorough review of the case files and evidence, and put forward appeal opinions such as the right holder being still alive and having given informed consent at the time of the house transfer, and that the other party was not a qualified subject. Combined with the evidence, it pointed out that the sales contract did not pay the consideration and the real purpose was a gift, which constituted a false expression of intention. Although the second-instance court upheld the original judgment, it made significant adjustments to the reasoning of the judgment, determining that the sales contract was a false expression of intention and the real legal relationship was a gift, laying the foundation for the parties to claim their rights in the future. This case shows that the outcome of a sales contract dispute often depends on the accurate determination of the legal relationship, the completeness of the evidence, and the accurate selection of the basis of the claim. Similarly, if one claims that the quality does not conform to the contract, it is necessary to first clarify the quality standards stipulated in the contract and the legal relationship, and then notify and organize appraisals and loss evidence within the inspection period in order to effectively protect their rights. This case was handled by Beijing Henglue Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action List: 1. After receiving the goods, promptly inspect them and make written records. If any quality issues are found, immediately notify the seller and retain the delivery receipt. 2. Seal the samples, take photos and videos, and, if necessary, entrust a qualified institution to conduct quality appraisals. 3. Check the quality standards, inspection periods, and warranty periods specified in the contract to determine whether the seller failed to notify you in a timely manner. 4. Select remedies based on the degree of breach, such as repair, replacement, return, price reduction, or contract termination, and claim compensation for losses. 5. Investigate whether the seller engaged in fraud and, if necessary, request the rescission of the contract. 6. If no agreement can be reached through negotiation, promptly assert rights through litigation or arbitration and pay attention to the statute of limitations. Legal basis: Articles 148, 582, 617, 620, 621, 622, and 623 of the Civil Code of the People's Republic of China (effective from January 1, 2021) regarding quality standards, inspection periods, and breach of contract liability. For contract disputes, please consult a professional.Business and contract disputes in enterprisesTeam; for reference on intellectual property and product complianceIntellectual property protection and corporate lawServices; those involving compensation claims, recovery of damages, and enforcement can be combined togetherCreditor's rights and debts, and enforcementPlate. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, upon receiving the goods, it is necessary to inspect them and notify the seller within the agreed or reasonable timeframe, otherwise they may be deemed to be of satisfactory quality. Secondly, any quality issues should be promptly sealed and sent for inspection, as the appraisal opinion serves as crucial evidence. Thirdly, if hidden defects are discovered during the quality assurance period, the buyer should promptly assert their rights. Fourthly, the buyer may choose the most favorable remedy or a combination of remedies, with both return and price reduction having their own applicable conditions. Fifthly, if the seller constitutes fraud, the buyer may request the rescission of the contract and claim compensation. For real estate transactions, the above provisions may serve as a reference.Property sales and construction projectsFor columns, if there are any other difficult issues, we can address them togetherSpecial services and other casesWe can cooperate with law enforcement agencies to deal with cases involving the production and sale of counterfeit and inferior products that constitute criminal offensesCriminal defense and criminal case filingService.

VI. Frequently Asked Questions

Q1: If the quality of the goods is not up to standard, can I directly request a refund?

It depends on the extent of the breach of contract. According to Article 582 of the Civil Code, the buyer may reasonably choose to request repair, re-performance, replacement, return, reduction of the price or compensation, etc. as the liability for breach of contract. If the quality problem results in the failure to achieve the contractual purpose, the buyer may claim a refund or terminate the contract; if it is just a general defect, it is more common to first request repair, replacement or price reduction. When making a choice, the buyer should comprehensively consider the contractual provisions, the size of the loss, and the situation of providing evidence.

Q2: If I don't raise objections in time after receiving the goods, can I still protect my rights and interests?

There are risks involved. According to Article 621 of the Civil Code, if there is an agreed inspection period, the buyer shall notify the seller of any quality non-compliance within the time limit. Failure to notify the seller in a timely manner shall be deemed that the quality complies with the agreement. If the defects are hidden and discovered within the quality warranty period, the buyer may assert their rights; if there is no agreed time limit, the buyer shall notify the seller within a reasonable time limit. It is recommended that the buyer inspect the goods as soon as possible after receipt and keep written records to avoid losing the right to raise objections.

Q3: Is it necessary to conduct an appraisal in the event of a quality dispute?

It's not necessarily the case, but appraisal is often crucial evidence. If the quality problems are visible to the naked eye, there is no dispute between the two parties, or the contract clearly stipulates the quality standards and acceptance results, appraisal may not be necessary. However, if it involves technical parameters, component content, and other professional issues and there are significant disputes between the two parties, it is usually necessary to entrust a qualified appraisal institution to issue an appraisal opinion. Before the appraisal, the samples should be sealed and the process should be fixed to avoid the samples being contaminated or replaced, which may affect the conclusion.

Q4: Can I ask for a price reduction?

Yes. According to Article 582 of the Civil Code, if the performance does not conform to the contract, the buyer may reasonably choose to request a reduction in the price or compensation. A price reduction is usually applicable to situations where the quality defects do not affect the achievement of the contractual purpose, and the extent of the price reduction can be determined by referring to the impact of the defects on the value of the goods. If the defects are so serious that the contractual purpose cannot be achieved, it is more appropriate to claim a refund or terminate the contract, and at the same time, claim compensation for losses.

Q5: How to protect your rights against seller fraud?

You can request to rescind the contract and claim compensation. According to Article 148 of the Civil Code, if a party uses fraudulent means to make the other party perform a civil legal act against their true intention, the party who has been defrauded has the right to request rescission; after the contract is rescinded, the property obtained from the contract shall be returned, and the party at fault shall compensate for the losses. The buyer should promptly fix the evidence of fraud, such as false propaganda and records of concealing defects, and exercise the right of rescission within one year from the date when the buyer knows or should have known the grounds for rescission.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Business and commercial legal services·Attorney Li Yonghui·Beijing Henglu 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.