[Direct answer]In the Beijing area, the conclusion is that the sample and its description usually serve as the basis for quality assessment, but there are special rules when the sample has hidden defects. According to Article 636 of the Civil Code of the People's Republic of China, the parties to a sale based on a sample shall seal the sample and may provide a description of its quality. The subject matter delivered by the seller shall be of the same quality as the sample and its description. Article 637 stipulates that if the buyer of a sale based on a sample does not know that the sample has hidden defects, even if the subject matter delivered is the same as the sample, the quality of the subject matter delivered by the seller shall still conform to the usual standards of similar goods. Therefore, the sample and its description are the basis for quality assessment, and whether the sample is sealed directly affects the burden of proof. In the event of a quality dispute, the buyer may request repair, replacement, reduction of the price, or return of the goods and claim compensation. The key lies in the evidence of the sealed state of the sample and the quality agreement.

1. Problem background and typical scenarios

The sale of samples is common in industries such as clothing, building materials, and handicrafts, where transactions rely on samples to determine quality and appearance. Typical scenarios include: the parties failing to seal the samples or sealing them in an irregular manner, with each side holding different opinions during disputes; the samples themselves having hidden defects that are difficult to detect; differences in color, material, or specifications between the delivered goods and the samples; and disagreements over the interpretation of quality specifications. When handling such cases, the Beijing District Court typically reviews whether the samples were sealed, whether the quality specifications were clear, and the results of the comparison between the goods and the samples, and based on this, determines whether there is a quality discrepancy.

II. Key points of contention

First, how to determine the quality of the samples when they are not sealed. Second, when the quality description does not match the samples, which one should prevail? Third, if the samples have hidden defects, can the buyer claim that the quality does not meet the standards? Fourth, how to determine the method and standards for quality comparison, and whether an appraisal is needed? Fifth, what remedies can the buyer claim when the quality does not meet the standards? Sixth, how do the burden of risk and the inspection period affect the claim? Seventh, what is the role of the quality warranty period and the acceptance clauses? These issues determine the outcome of the quality dispute.

III. Professional analysis by Henglue Law Firm

Based on Henglue Lawyer's practical experience in handling sales contracts and corporate disputes, such issues should be addressed from four perspectives. Firstly, prioritize samples: According to Article 636 of the Civil Code of the People's Republic of China, the delivered subject matter shall be of the same quality as the sealed samples and their descriptions, and the sealed samples are an important basis for assessing quality. Secondly, exceptions for hidden defects: According to Article 637, if the buyer does not know that the samples have hidden defects, even if the delivered goods are identical to the samples, they should still meet the usual standards of the same kind of goods. The seller cannot exempt himself from liability by claiming that "they are consistent with the samples". Thirdly, the importance of sealing: The samples should be sealed and signed by both parties, and photos and third-party witnesses should be retained when necessary to avoid disputes over comparison; if not sealed, the quality shall be inferred based on quality descriptions, transaction practices, and industry standards. Fourthly, quality comparison: Whether the goods are consistent with the samples can be determined through mutual confirmation, professional testing, or judicial appraisal, and the appraisal conclusion is often a key piece of evidence. Fifthly, remedies: According to Articles 582 to 584 of the Civil Code of the People's Republic of China, if the quality does not conform to the contract, the buyer may request repair, rework, replacement, return, price reduction, or compensation for losses. Sixthly, time awareness: The buyer should inspect the goods within the agreed or reasonable time limit and notify the seller in a timely manner. Failure to notify the seller may be deemed as the quality conforming to the contract.

IV. Practical suggestions and legal basis

Practical suggestions: First, both parties should jointly seal the samples and sign and confirm them, and keep the photos and explanations; Second, the contract should make clear provisions on quality descriptions, acceptance standards, and inspection periods; Third, after receiving the goods, inspect them within the agreed time limit and provide written feedback on quality objections; Fourth, when disputes arise, fix the evidence and, if necessary, apply for professional testing or appraisal; Fifth, specify the remedies available when the quality does not meet the requirements, such as repair, replacement, price reduction, or return; Sixth, pay attention to the inspection period and warranty period to avoid being restricted by claims made after the deadline. For more information, please refer to the platform's services.Business and contract disputes in enterprises、Creditor's rights and debts, and enforcement、Real estate transactions and construction projects,Financial capital and cross-border transactions involving foreign entitiesAndSpecial servicesLegal basis: Articles 582, 583, 584, and 636 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, in transactions involving samples, the sealed samples and their descriptions are usually used as the basis for quality assessment, and it is essential to seal them together. Secondly, if the samples have hidden defects, the delivered goods should still meet the usual standards of the same kind of goods. Thirdly, if the samples are not sealed, the quality assessment may rely on quality descriptions, trade practices, and industry standards. Fourthly, after receiving the goods, the buyer should inspect them and raise objections in writing within a reasonable timeframe to avoid being deemed as having accepted the goods. Fifthly, the quality comparison can be determined through testing or appraisal, and the conclusion is often crucial evidence. Sixthly, if the quality does not meet the requirements, the buyer can claim for repair, replacement, price reduction, return, or compensation. Seventhly, for more professional quality disputes, it is recommended to fix the evidence as soon as possible and consult a professional lawyer.

VI. Frequently Asked Questions

Q1: Is the quality of the sample used for buying and selling determined by the sample itself?

Generally, yes. According to Article 636 of the Civil Code of the People's Republic of China, the subject matter delivered by the seller shall be the same as the sealed samples and the quality described therein. However, if the samples have hidden defects that the buyer is unaware of, according to Article 637, the delivered goods shall still meet the general standards of the same kind of goods, and the seller cannot exempt himself from liability solely on the grounds that the goods are consistent with the samples.

Q2: The samples haven't been sealed. How can we determine their quality?

The difficulty of identifying the quality of goods has increased. When the samples are not sealed, the agreed quality can be inferred based on the quality description, chat and written records, trading habits, and industry standards. In addition, the goods can be judged to meet the requirements through testing or appraisal. It is recommended that both parties seal the samples and sign and confirm them in future transactions to avoid disputes where there is no comparison possible.

Q3: Is a color difference between the goods and the samples considered a quality defect?

This needs to be judged based on the agreement and the degree of the difference. If the color difference exceeds a reasonable range or is inconsistent with the quality description, it may constitute a quality defect; if it is a normal difference allowed by the industry, it may not. The degree of the difference can be determined through professional testing, and written objections can be raised within the agreed time limit to claim corresponding remedies.

Q4: Can I request a refund if the quality doesn't meet my expectations?

It depends on the degree of non-compliance with the agreement. According to Articles 582 to 584 of the Civil Code of the People's Republic of China, the buyer may request repair, redelivery, replacement, return of the goods, reduction of the price or compensation, etc. Whether to support the return of the goods depends on whether the non-compliance with the quality affects the achievement of the contractual purpose and the agreement between the parties.

Q5: Can we still raise quality issues after the acceptance period has passed?

There may be restrictions. The buyer should inspect the goods and notify the seller within the agreed or reasonable time limit. Failure to notify may be regarded as the quality conforming to the agreement. If there are hidden defects and they are discovered within the warranty period, or if the seller intentionally conceals them, the buyer can still claim corresponding rights, but the difficulty of providing evidence and the risk of statute of limitations will increase.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·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. In case of disputes, please consult a practicing lawyer in time.