[Direct answer]When the conditions are met, the buyer may refuse to accept the goods. According to Article 610 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the subject matter fails to meet the quality requirements and thus cannot achieve the purpose of the contract, the buyer may refuse to accept the subject matter or rescind the contract; if the buyer refuses to accept the subject matter, he shall promptly notify the seller and have the obligation to take proper care of the subject matter. If the quality defect does not prevent the purpose of the contract from being achieved, it is generally not appropriate to refuse to accept the goods as a whole. The buyer may require repair, replacement, reduction of the price, or compensation for losses. At the same time, attention should be paid to the inspection and objection period: According to Article 621, the buyer shall inspect the subject matter within the agreed or reasonable time limit and notify the seller of any quality non-conformity. Failure to notify the seller may be deemed as the quality conforming to the agreement. Therefore, whether the buyer can refuse to accept the goods depends on the degree of the defect, and the key to asserting rights lies in timely inspection, written objection, and evidence preservation.

I. Problem Background and Typical Scenarios

It is very common for quality disputes to arise in trade transactions. Typical scenarios include: the specifications and models of the delivered goods do not conform to the contract; batch-related quality issues make it impossible to put the goods into production or sell them; some goods have defects that do not affect their overall use; the buyer fails to inspect the goods for a long time after receiving them and later claims that the quality is not up to standard; the seller refuses to deal with the issue on the grounds that the goods have already been accepted; and improper storage of the goods after rejection results in increased losses. When adjudicating such cases in the Beijing area, the court will review the extent of the quality non-conformity to the contract, whether the contractual purpose can be achieved, and whether the buyer has fulfilled its inspection and notification obligations within a reasonable timeframe.

II. Key points of contention

First, the applicable conditions and the degree of defects for rejecting goods. Second, the grasp of the inspection period and the objection period. Third, the notification and storage obligations after rejecting goods. Fourth, the choices of repair, replacement, price reduction, and rescission. Fifth, the necessity of quality appraisal and the application method. Sixth, the legal consequences of improperly rejecting goods or failing to inspect them in a timely manner.

III. Professional analysis by Henglue Lawyers

Based on Henglu Lawyer's practical experience in handling disputes over sales contracts, such disputes typically revolve around three points. First, the degree of defects: If the quality problem results in the goods being unable to achieve the contractual purpose, such as being completely unusable or seriously inconsistent with the agreement, the buyer may refuse to accept the goods or terminate the contract; if it is an individual defect that can be repaired, the buyer should generally choose remedies such as repair, replacement, or reduction of the price. Second, procedural requirements: The buyer should complete the inspection within the agreed or reasonable time limit and notify the seller in writing, specifying the content, quantity, and basis of the quality problems; failure to notify the seller may be regarded as the quality being in conformity with the agreement, thereby losing the opportunity to make claims. Third, methods and consequences: When refusing to accept the goods, the buyer should notify the seller in time and properly store the goods, and apply for quality appraisal if necessary; improper refusal to accept the goods may constitute delay in acceptance or breach of contract, for which the buyer shall bear corresponding responsibilities. In practice, standardized inspection records, written objections, and evidence preservation are the basis for the buyer to assert their rights.

IV. Practical suggestions and legal basis

Action list: First, inspect the goods promptly after receipt, and prepare a written inspection record and take photos and videos; Second, raise quality objections in writing within the agreed or reasonable time limit, explaining the problems and the basis for the objections; Third, if the defects are serious, make a clear statement of refusal to accept the goods or terminate the contract, and notify the seller in a timely manner; Fourth, properly store the delivered goods to avoid further losses; Fifth, if no agreement can be reached, apply for a quality appraisal and initiate litigation or arbitration; Sixth, keep the contract, delivery notes, acceptance records, and communication evidence. For disputes involving sales contracts, you may refer to the relevant provisions.Business and contract disputes in enterprises; Those involving the recovery and enforcement of the price of goods can be combined together.Creditor's rights and debts, and enforcementColumn. Legal basis: Articles 601, 605, 607, 620, 621, and 582 of the Civil Code of the People's Republic of China (effective January 1, 2021). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the threshold for rejecting the goods is relatively high, and the goods must fail to meet the contractual purposes. Secondly, the inspection and notification must be completed within a reasonable timeframe, and there is a great risk of negligence in notification. Thirdly, after rejecting the goods, the buyer still has the obligation to properly store them and cannot allow the losses to expand. Fourthly, it is advisable to apply for a quality appraisal as soon as possible to avoid the changes in the condition of the goods affecting the conclusion. If you are currently facing similar problems, you can seek help throughBusiness and contract disputes in enterprisesWe provide a comprehensive solution for services, which includes the integration of payment execution.Creditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: Can we directly reject the goods if their quality is unqualified?

It is necessary to distinguish the degree of the defect. According to Article 601 of the Civil Code of the People's Republic of China, if the subject matter fails to meet the quality requirements and thus fails to achieve the contractual purpose, the buyer may refuse to accept it or rescind the contract; if the defect does not prevent the contractual purpose from being achieved, the buyer should generally choose to repair, replace, reduce the price, or compensate for the losses, rather than rejecting the entire subject matter. The key to the judgment lies in the impact of the defect on the purpose of use.

Q2: How long do I have to raise a quality complaint after receiving the goods?

It should be raised within the agreed or reasonable time limit. According to Article 621, the buyer shall notify the seller of any quality non-conformity with the agreement within the agreed inspection period or within a reasonable time limit; if the buyer fails to give notice, the quality of the subject matter may be deemed to conform to the agreement. If the contract stipulates an inspection period, it shall be carried out in accordance with the agreement; if not stipulated, the buyer shall give written notice promptly after discovering or should have discovered the non-conformity, so as to avoid exceeding the time limit.

Q3: Who will be responsible for storing the goods after they are rejected?

The buyer shall keep the subject matter properly. According to Article 601 of the Civil Code, if the buyer refuses to accept the subject matter, he shall notify the seller in a timely manner and bear the obligation to keep the subject matter properly; if any loss is caused by improper custody, the buyer may need to bear corresponding responsibilities. The buyer may take measures such as sealing up the subject matter, storing it separately and keeping records, and, if necessary, apply for a public notarization of the entry and exit of the subject matter and its condition, so as to facilitate subsequent appraisal and handling.

Q4: What should I do if some of the goods are defective?

It is generally not advisable to reject the entire batch of goods. If only some of the goods have defects that do not affect the normal use of the rest of the goods, you can request to repair or replace the defective parts, or reduce the corresponding price, and claim compensation for the losses. It is recommended to distinguish the batches and quantities in the notice of objection, specify the handling methods, and avoid the risk of breaching the contract due to improperly rejecting the entire batch of goods.

Q5: Should we conduct a quality assessment?

It depends on the specific circumstances of the dispute. If the two parties have significant differences over the quality issues and their causes, applying for a professional appraisal can help clarify the facts. However, the appraisal must be conducted before the condition of the goods has been damaged, and it is necessary to select an appropriate appraisal institution and appraisal items. The appraisal can also be commissioned by the court during litigation. To ensure the validity of the appraisal results, it is necessary to prepare sample sealing and storage records in advance.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards 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, so as to avoid missing the statutory time limit. →Corporate commercial legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 a dispute arises, please consult a practicing lawyer in time.