[Direct answer]In the Beijing area, if the quality of the commissioned goods is not up to standard, the commissioning party may, in accordance with Article 780 of the Civil Code of the People's Republic of China (effective January 1, 2021), reasonably choose to request the contractor to bear contractual liabilities such as repair, rework, reduction of compensation, and compensation for losses; if other losses are caused, the commissioning party may also claim them simultaneously. Before making a claim, attention should be paid to three points: first, raise quality objections within a reasonable period and leave written records; second, preserve evidence such as contracts, drawings, acceptance records, samples, and communication records; third, note that the statute of limitations is three years, calculated from the date when the commissioning party knows or should have known that its rights have been infringed. If no agreement can be reached through negotiation, the commissioning party may file a lawsuit with the court or apply for arbitration in accordance with the contract. For details of the relevant procedures, please refer to the guidance materials.Business and contract disputes in enterprisesColumn.

I. Problem Background and Typical Scenarios

Such disputes often occur in several situations: First, the accuracy and material quality of equipment, molds, and parts do not meet standards after customized processing, which affects subsequent production; Second, customized deliveries of clothing, furniture, packaging and printing do not match the samples and have obvious color differences; Third, the results of decoration, advertising production, etc. are rough or deviate greatly from the design drawings. For related engineering disputes, please refer to the relevant provisions.Property sales and construction projects1. Column; 2. The contractor subcontracted the work without authorization and replaced the materials, resulting in a decline in quality; 3. The client delayed acceptance or only discovered hidden defects after use, and both parties disagreed on who should bear the responsibility. When the Beijing District Court handles such cases, it usually focuses on three aspects: the agreement on quality standards, the point of raising objections, and the appraisal of the causes of the defects.

II. Key points of contention

Focus I: Determination of quality standards. If the contractual provisions are unclear, the standards shall be determined in the following order: national standards, industry standards, and, if still uncertain, the general standards or specific standards that meet the contractual purposes. Focus II: Inspection and objection deadlines. If no inspection period is specified, the objection shall be raised within a reasonable period after the defects are discovered or should have been discovered. Focus III: Determination of the causes of defects. Whether the defects are due to materials, workmanship, improper use, or design issues often requires judicial appraisal to clarify. Focus IV: Selection of liability forms. Whether repair, redelivery, price reduction, or compensation can be used concurrently and in what order. Focus V: Scope of losses, including repair costs, losses due to production stoppages, and foreseeable downstream breach of contract losses. Focus VI: Apportionment of responsibility for the client's own faults, such as drawing errors or unqualified materials. The specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings. For the enforcement of compensation amounts, reference may be made to relevant provisions.Creditor's rights and debts, and enforcement casesColumn.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of the lawyers handled by our firm, the success or failure of quality claims for customized products often depends on the evidence of the process. Common forms of losing the case include: agreeing to "accept the goods according to the samples" but failing to seal the samples, leading to disputes over standards; orally modifying the drawings without written confirmation, making it difficult to determine responsibility when problems arise; and directly putting the goods into production after receiving them, then claiming that the quality is not up to standard, which is easily regarded as acceptance of the results. The lawyers handled by our firm suggest the following: First, specify technical parameters, acceptance procedures, and objection deadlines item by item when signing the contract, and have both parties sign and seal the samples; Second, confirm the delivery and acceptance in stages in writing, record any problems found on the spot, and require rectification within a specified time limit; Third, send a letter of reminder and fix the current situation when disputes arise, and apply for evidence preservation or quality appraisal if necessary; Fourth, claims for losses should be supported by invoices, purchase contracts, compensation agreements, etc., to avoid making general quotations. For issues involving the design of contract clauses, you can refer to the relevant provisions of the Contract Law of the People's Republic of China and other relevant laws and regulations.Business and contract disputes in enterprisesColumn.

IV. Practical suggestions and legal basis

Action recommendations: 1. Upon receiving the ordered goods, promptly inspect them according to the contract and raise quality objections in writing, retaining the proof of delivery; 2. Negotiate with the contractor on repair, rework, or price reduction options, and formalize the agreement in a written supplementary contract; 3. For significant losses, commission a professional organization to issue a quality appraisal report to clarify the causal relationship between the defects and the losses; 4. If no agreement is reached, initiate litigation or apply for arbitration in accordance with the contract, noting the three-year statute of limitations. Interrupting the statute of limitations through timely reminders; 5. If the contractor refuses to comply with the effective judgment, promptly apply for compulsory enforcement. Legal basis: Article 781 of the Civil Code of the People's Republic of China stipulates the liability for breach of contract due to non-conformance of the work results; Article 577 stipulates the general form of liability for breach of contract; Article 584 stipulates that the amount of compensation for losses shall be limited to what could be foreseen at the time of contract conclusion; Article 188 stipulates the three-year ordinary statute of limitations.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, if you use the customized products without authorization and then claim that the quality is not up to standard, you may be deemed to have accepted the results, so it is necessary to conduct acceptance inspections before using them. Secondly, unclear quality standards are the main reason for losing the lawsuit, so it is better to be more specific rather than vague when signing the contract. Thirdly, there are risks in appraisal. If the sampling and sealing process is not standard, the appraisal opinion may not be accepted. Fourthly, the scope of claims is limited to the losses foreseeable at the time of contract signing. Demanding exorbitant compensation will only increase costs. Fifthly, there are dual constraints of statute of limitations and objection period. If claims are made after the deadline, the right to win the lawsuit may be lost. It is recommended to consult a lawyer at the early stage of the dispute.Beijing Henglu Law FirmOn the official website, similar columns are provided, where professional lawyers evaluate the evidence and the legal process.

VI. Frequently Asked Questions

Q1: If the customized goods are not up to standard, can we request a re-manufacture or just ask for compensation?

According to Article 780 of the Civil Code, the client may reasonably choose to request the contractor to bear contractual liabilities such as repair, rework, reduction of remuneration, and compensation for losses. The order of choice usually depends on whether the defect can be repaired: for minor defects, the client may claim repair or reduction of remuneration; for defects that cannot be repaired or those that still fail to meet standards after repair, the client may claim rework; for losses that still exist after rework and repair, or for other losses caused by quality issues, the client may separately claim compensation. Multiple forms of liability may be claimed in combination, but the total amount of compensation shall not exceed the actual losses suffered.

Q2: What evidence do I need to prepare for a quality claim?

Firstly, the contractor shall provide the contract, technical agreement, drawings, and sealed samples to prove the quality standards. Secondly, the contractor shall provide the delivery and acceptance records, inspection reports, and letters of objection to prove the existence of defects and the time they were raised. Thirdly, the communication records, especially those in WeChat and emails in which the other party admits the quality problems or promises to make rectifications, are particularly crucial. Fourthly, the contractor shall provide evidence of losses, including repair contracts and invoices, work stoppage records, and compensation certificates to downstream customers. Fifthly, if necessary, the contractor shall apply for a judicial appraisal to clarify the causes of the defects. With a complete chain of evidence, the success rate of claiming compensation will be significantly increased.

Q3: How much does it cost to file a lawsuit for a quality claim?

The fees mainly include attorney's fees and litigation fees, and there are also appraisal fees for those that need to be appraised. Attorney's fees are negotiated based on the amount of the subject matter and the complexity of the case, and there is no unified standard; litigation fees are charged in stages according to the amount of the litigation request, and the winning party shares the fees proportionally; quality appraisal fees often reach tens of thousands of yuan, which are prepaid by the applicant and ultimately shared according to the proportion of responsibility. It is recommended to first assess the amount of the claim and the strength of the evidence, calculate the cost of protecting rights, and then determine a strategy. For small disputes, it is advisable to prioritize negotiation or mediation for resolution.

Q4: What is the time limit for quality claims?

The statute of limitations for claiming compensation for losses is three years. According to Article 188 of the Civil Code, the statute of limitations shall be calculated from the date when the right holder knows or should have known that the rights have been infringed and the obligee's identity has been identified. During the period, prompt reminders, consultations, and lawsuits may interrupt the statute of limitations and restart its calculation. In addition, quality objections should be raised within a reasonable period after the defects are discovered or should have been discovered. If the buyer fails to inspect the goods for a long time or continues to use them before making a claim, it may affect the determination of liability. It is recommended to raise written objections immediately upon discovering the problems to avoid the double risks of statute of limitations and objection period.

Q5: What should the contractor do if he refuses to pay compensation?

The first step is to send a lawyer's letter to formally notify the other party, retain the proof of delivery, and interrupt the statute of limitations; the second step is to choose to sue the court or apply for arbitration according to the contract, requesting repair, rework, price reduction, or compensation for losses; the third step is that if the other party still fails to perform after winning the lawsuit, apply to the court for compulsory enforcement after the expiration of the performance period, and can check and control its bank accounts, equipment, and accounts receivable; the fourth step is to apply for property preservation simultaneously when suing if worried about the other party transferring property. The key points of the whole process can be referred toBusiness and contract disputes in enterprisesColumn.

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 regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as 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 a dispute arises, please consult a practicing lawyer in time.