[Direct answer]In the Beijing area, for disputes over the quality of the subject matter in sales contracts, the parties' agreement shall prevail in the absence of a specific agreement or an unclear agreement. The buyer shall inspect the subject matter within a reasonable period after receiving it and notify the seller in a timely manner. Article 620 of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that the buyer shall inspect the subject matter within the agreed inspection period. Where there is no agreed inspection period, the buyer shall conduct the inspection in a timely manner. Article 621 stipulates that where the parties have agreed on an inspection period, the buyer shall notify the seller of any non-compliance of the quantity or quality of the subject matter with the agreement within the inspection period. Where the parties have not agreed on an inspection period, the buyer shall notify the seller of any non-compliance of the quantity or quality of the subject matter with the agreement within a reasonable period after discovering or should have discovered such non-compliance. Two points should be noted: First, the reasonable period is not a fixed number of days prescribed by law, but is determined based on the nature of the subject matter, the inspection method, and the transaction practices; Second, the obligation to notify and the obligation to inspect are parallel. Even if the buyer notifies the seller in a timely manner, claiming quality defects after the expiration of the inspection period may be subject to restrictions. Therefore, it is very important to clearly stipulate the inspection period and dispute resolution process in the contract.Business and contract disputes in enterprisesThe services in this column can assist in handling quality disputes.

I. Problem Background and Typical Scenarios

Common disputes include: the contract stipulates a time limit for acceptance but the buyer fails to raise objections for a long time; there are hidden defects in building materials; electronic products malfunction after several months of use; the quality of agricultural products or perishable goods declines after delivery; and the upstream supplier demands compensation from the downstream supplier beyond the agreed time limit due to problems discovered downstream.Personal injury and medical disputesThe time-efficiency management ideas in the column can be used for reference.

II. Key points of contention

Focus One: Agreement and interpretation of the inspection period. Focus Two: Specific determination of a reasonable period. Focus Three: Handling of hidden defects. Focus Four: Notification methods and preservation of evidence. Focus Five: Remedies available after the deadline. Focus Six: Methods of assuming quality liability.Special services and other casesThe evidence preservation instructions in the column can be referred to for reference. Focus 7: The relationship between the quality guarantee period and the inspection period, and the applicable rules when the agreements between the two are inconsistent.

III. Professional analysis by Henglue Lawyers

Take the jade sales contract dispute represented by lawyers Zhu Guiying and Wang Di of our firm as an example: Consumers purchased jade claimed to be natural Hetian jade through live-streaming rooms and paid a high price, but after receiving the goods, they found that they were dyed counterfeit products. The seller only provided a partial refund and then disappeared. The lawyers' strategy in the representation was to build their arguments around the determination of fraud and compensation rules, while taking into account the evidentiary characteristics of online transactions. Through order records, live-stream replays, product descriptions, and physical appraisal conclusions, they formed a chain of evidence and ultimately facilitated a mediation resolution. This approach highlights an important judgment related to quality disputes: When the disputed subject involves fraud or fundamental non-compliance with the contract, even if the formal inspection period has passed, in practice, it is still possible to assert rights through statutory remedies such as fraudulent rescission. It should be noted that the evidentiary requirements for fraud in such claims are high, so evidence should be immediately preserved when problems are discovered.Business and contract disputes in enterprisesThe expiration date explanation in the column can be supplemented.

IV. Practical suggestions and legal basis

Action recommendations: First, specify the inspection period and acceptance standards in the contract; Second, agree on the quality guarantee period for hidden defects; Third, inspect the goods promptly after receipt and keep the inspection records; Fourth, notify the seller in writing immediately if any problems are found and retain the delivery receipt; Fifth, commission a quality appraisal if necessary; Sixth, evaluate the relationship between the quality guarantee period and the statute of limitations simultaneously. Legal basis: Articles 620, 621, 622, 623, and 626 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the Interpretation of the Supreme People's Court on the Application of Law in the Trials of Disputes over Sales Contracts; Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the inspection period should be explicitly written into the contract to avoid relying on vague judgments of a reasonable period. Secondly, hidden defects should be covered by the quality guarantee period clause. Thirdly, notifications must be in writing and can be proven to have been delivered. Fourthly, exceeding the time limit does not mean absolute exemption from liability, but the scope of claims will be significantly limited. Fifthly, after discovering the problem, evidence should be immediately fixed and appraisal should be considered. Sixthly, if there is a major misunderstanding caused by fraud, there are special time limits for the exercise of the right of revocation, and it is necessary to claim it in time.Special services and other casesThe column can also provide instructions on deadline management.

VI. Frequently Asked Questions

Q1: The contract stipulates an inspection period. Can I still claim compensation if the deadline has passed?

It's usually difficult to assert claims. According to the law, the buyer should notify the seller of any circumstances where the quantity or quality of the subject matter does not conform to the agreement within the agreed inspection period. Failure to notify the seller will be deemed as the quantity or quality conforming to the agreement. This means that after the expiration of the agreed period, the threshold for raising objections to the quality will be significantly higher. However, there are exceptions: if it can be proven that the seller committed fraud or intentionally concealed important facts related to the quality, the buyer can assert rights according to rules such as fraudulent rescission; if it belongs to hidden defects and the contract stipulates a quality warranty period, the buyer may still assert rights within the warranty period. Therefore, in practice, it is necessary to distinguish between apparent defects and hidden defects, and pay attention to the time limit for the right of rescission in the case of fraud.

Q2: What is the reasonable period stipulated by law?

There is no fixed standard number of days. It needs to be determined based on the specific circumstances. The main factors to consider include the nature of the subject matter (the higher the concealment, the longer the inspection period), the feasibility of the inspection method, the transaction practices, and the communication records between the parties. The judgment logic in practice is: the inspection and notification should be carried out promptly after the defects are discovered or should be discovered, and the inspection should not be delayed; at the same time, it is not required to find the problems before they are discovered. When a dispute arises, the court will make a comprehensive judgment based on industry practices and specific circumstances, so it is very important to keep the acceptance records, communication records, and materials of the inspection process.

Q3: How to claim for hidden defects?

Hidden defects refer to problems that are difficult to detect through routine inspections at the time of delivery, and are commonly found in building materials, decoration projects, some mechanical parts, and electronic products. There are two ways to claim: First, stipulate a quality assurance period in the contract and specify the liability period for defects; Second, notify the seller promptly and request repair, replacement, or compensation when problems are discovered during the warranty period. It should be noted that if the contract does not stipulate a quality assurance period, it will be necessary to determine the warranty period through reasonable rules, which will significantly increase the difficulty of proof. Therefore, it is recommended to clearly stipulate the quality assurance period in the contract and specify the standards for identifying and handling defects.

Q4: I just verbally told the other party that there's a problem. Does that count as a notice?

The risk is relatively high. According to the law, the buyer is required to notify the seller in a timely manner. In practice, it's difficult to prove that the notice has been sent and the specific content of the notice through verbal communication. It is recommended to use written methods: send an email, WeChat message, or letter, stating the contract number, the information of the subject matter, the problems found, the time of discovery, and specific requirements. At the same time, keep the sending records and the other party's response. If the other party acknowledges receipt and promises to deal with it, it can be used as strong evidence. When necessary, you can send written notifications in a way that can prove their arrival.Business and contract disputes in enterprisesThe column can also provide an explanation of the notification method.

Q5: If the quality does not meet the contract requirements, can I request a refund or only file a claim for compensation?

It depends on the degree of the defect and the provisions of the contract. If the delivered goods do not meet the agreed quantity or quality, the buyer may claim corresponding remedies in accordance with the contract and the law, including requiring repair, replacement, return, or price reduction. If the defect is so serious that it cannot achieve the purpose of the contract, the buyer may also claim to rescind the contract. It should be noted that the legal order is hierarchical: the parties may agree on the remedies for non-conformance with the quality of the goods; if no agreement is made, the buyer may reasonably choose between repair, replacement, return, and price reduction according to the nature of the specific subject matter and the degree of the defect; at the same time, the buyer shall promptly notify the other party and grant a reasonable period of time for remedial action.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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. →Corporate commercial legal services·Beijing Henglu 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 you encounter disputes, please consult a practicing lawyer in time.