[Direct answer]In the Beijing area, the quality objection period is determined in three tiers: where there is an agreement, the buyer shall raise the objection within the agreed inspection period; where there is no agreement, the buyer shall notify the seller within a reasonable period after discovering or should have discovered the quality problems, and raise the objection within two years from the date of receipt of the subject matter. If the objection is raised after the time limit, it shall be deemed that the quality meets the agreement; where the subject matter has a quality guarantee period, the quality guarantee period shall apply, and the two-year provision shall not apply. Where the agreed inspection period is too short and it is difficult to complete a comprehensive inspection according to the nature of the subject matter and the transaction habits, the period shall only be regarded as the period for raising objections to quantity or appearance defects. According to Articles 620 to 622 of the Civil Code of the People's Republic of China, the buyer shall inspect the subject matter in a timely manner and notify the seller within the time limit. If the buyer fails to notify the seller, he/she shall bear adverse consequences. For referenceLegal services for corporate commercial and contract disputes.

1. Problem background and typical scenarios

The quality objection period is a termination clause that is easily overlooked in sales contracts. Typical scenarios include: hidden defects being exposed months after the equipment is installed, with the seller arguing that the "inspection period has passed"; contracts stipulating that "objections must be raised within three days of receipt", but visual inspections cannot detect internal defects; building materials, food raw materials, etc. that require use before problems can be discovered, but the goods have already been put into use; and buyers raising objections only verbally without leaving written evidence. When handling similar cases in the Beijing area, the court will distinguish between visible defects and hidden defects, and give a restrictive interpretation of an excessively short inspection period. For disputes involving housing and decoration quality, it can be combined with other evidence to determine the responsibility of the parties involved.Real estate sales and construction project servicesJudgment.

II. Key points of contention

There are three key points of contention. First, the starting point of the objection period: whether it should be calculated from the date of receiving the subject matter or from the date of "discovery or should have been discovered", depends on whether an inspection period has been agreed upon and the type of defect. Second, whether the agreed inspection period is effectively applicable: if the time limit is too short to complete a comprehensive inspection, it is only considered an objection period for visible defects, while hidden defects still apply to a reasonable time limit; if the seller knew or should have known that the subject matter did not conform to the agreement, the buyer is not subject to the notification period. Third, the consequences of failing to notify: if the buyer fails to notify within a reasonable time, it is deemed that the quality conforms to the agreement, and it will be very difficult to claim quality liability thereafter. In addition, the relationship between the inspection period and the quality warranty period and the warranty period is often confused, and it needs to be judged according to the agreement and the legal hierarchy.

III. Professional analysis by Henglue Lawyers

A jade sales contract dispute handled by Henglue Law Firm typically reflects the urgency of providing evidence and exercising statute of limitations in quality disputes. Starting from September 2024, consumer Zhang * placed orders through the live stream room of a jewelry company's WeChat store. The seller claimed that the products were natural genuine Hetian jade with natural formation and unprocessed/uncolored cores, and Zhang * paid over 1.3 million yuan in total. After receiving the goods, Zhang * found that the jade surfaces had white powder and discoloration, which did not match the advertised "pure natural color". Starting from February 2025, Zhang * demanded a refund, but the seller only refunded 140,000 yuan and stopped responding thereafter. After attorneys Zhu Guiying and Wang Di took over the case, they quickly guided the client to fix the order screenshots, payment receipts, live stream replays, chat records, and comparison materials between the actual products and the promotional materials. They claimed fraudulent rescission according to Article 148 of the Civil Code of the People's Republic of China and tripled compensation according to Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China. At the same time, they adopted the strategy of "applying pressure through litigation and promoting reconciliation" to avoid wasting time on the difficult and lengthy appraisal process. Finally, under the court's mediation, the seller agreed to return 900,000 yuan in installments and set a penalty clause. This case shows that quality objections must be raised in writing and supported by evidence as soon as possible after discovery. Missing the objection period or losing evidence may result in the loss of rights. This case is handled by Beijing Henglue Law Firm.Zhu GuiyingThe attorney (practice license number: 11101202011246828, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 620 of the Civil Code of the People's Republic of China (effective from January 1, 2021), which stipulates that the buyer shall inspect the goods within the agreed inspection period, and if no such period is specified, the buyer shall inspect the goods promptly; Article 621, which stipulates that the buyer shall notify the seller within the agreed inspection period or a reasonable period, and if no such notification is made within two years from the date of receipt of the subject matter, it shall be deemed that the goods conform to the agreement, and the warranty period shall apply if there is a quality warranty period; Article 622, which stipulates that if the agreed inspection period is too short, it shall only be regarded as a period for raising objections to the appearance of the goods; and Article 24 of the Consumer Rights and Interests Protection Law of the People's Republic of China (amended on October 25, 2013 and effective from March 15, 2014), which stipulates the provisions on returning, replacing, or repairing goods if the quality does not meet the requirements. Practical suggestions: 1. When signing a contract, clarify the inspection period, inspection methods, and forms of notice of objections to avoid clauses that are too short, such as "if there are no objections within three days, it shall be deemed that the goods are qualified". 2. Conduct an appearance inspection upon receipt of the goods and keep the receipt records. At the same time, keep records of the installation, debugging, and trial run processes. 3. Immediately notify the seller of any problems in writing or via traceable instant messaging, clearly stating the content of the objections and requirements. 4. For hidden defects, it is necessary to entrust a third-party inspection agency for appraisal, and the expenses can be claimed in litigation. 5. Pay attention to the priority application of the quality warranty period and the warranty period in enterprise procurement contract systems.Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Reminder

The greatest risk of the quality objection period is "not knowing it has passed". Please remember three numbers: the agreed inspection period starts from the date of receipt; if there is no agreement, the buyer shall raise the objection within a reasonable period after discovering or should have discovered the problem, and the period shall not exceed two years from the date of receipt; for products with a quality guarantee period, the guarantee period shall be implemented. Additionally, if the seller knows that the subject matter does not conform to the agreement, the buyer is not subject to the aforementioned notice period limitation, but this "knowledge" needs to be supported by evidence. After discovering quality problems, do not just make phone calls or casually mention it in groups. Instead, you should raise the objection in a formal letter or a clear traceable manner, and simultaneously seal the samples. For subsequent claims and enforcement, you can refer to the following points:Creditor-debtor relations and enforcement case services.

VI. Frequently Asked Questions

Q1: If I discover quality issues after the quality objection period has passed, can I still protect my rights and interests?

It's not an absolute loss of rights, and the situation needs to be distinguished. If the agreed time limit is too short and it's difficult to conduct a comprehensive inspection according to the nature of the subject matter and transaction practices, the time limit is only regarded as the objection period for external defects. Internal hidden defects can still be raised within a reasonable time limit. If the seller knows or should have known that the subject matter does not conform to the agreement, the buyer is not subject to the notification period limit. If the subject matter has a quality warranty period, the warranty period shall apply instead of the two-year time limit. Conversely, if it's an obvious external defect and the buyer has not notified within the agreed time limit, it's usually regarded as the quality conforming to the agreement, and the claim will be difficult to be supported. It is recommended to first evaluate the type of defects and evidence before deciding on the next step.

Q2: What evidence do I need to prepare for calculating the quality objection period?

The key evidence includes: the sales contract and technical agreement (to determine the inspection period and quality standards), delivery notes, receipt notes, and logistics records (to determine the date of receipt of the subject matter), acceptance notes and commissioning records (to prove the inspection process and results), quality objection notices, correspondence or chat records (to prove that the objection was raised within the time limit), third-party inspection reports or appraisal opinions (to prove the objective existence and causes of the defects), and sealed samples of the goods and image data. It is recommended to also keep the communication recordings and correspondence with the seller, to prove that the seller is aware of the problem and has a proper attitude towards dealing with it. All of these will affect whether the objection period is considered to have been properly fulfilled.

Q3: How much do litigation fees and attorney's fees cost for such disputes?

The litigation fees are calculated in stages based on the amount of the litigation request according to the "Measures for the Payment of Litigation Fees", and are borne by the losing party or shared according to the proportion of victory and defeat; if the request is for a refund or repair, the fees shall be calculated according to the corresponding amount. The quality inspection and appraisal fees are usually paid in advance by the applicant and may ultimately be borne by the losing party. The attorney's fees are determined by the parties through negotiation and may be calculated on a per-case basis, as a percentage of the litigation amount, or on an hourly basis, subject to the specific provisions of the agency contract. There is no unified standard. If the contract stipulates that the defaulting party shall bear the attorney's fees, the claimant may assert this claim in the litigation. It is recommended to first assess the degree of evidence of the defects and the expected recovery of the payment, and then decide on the amount of effort to be invested.

Q4: How long does it usually take for a lawsuit to reach a conclusion?

According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), the first-instance ordinary procedure generally concludes within six months, and the summary procedure within three months. If one party appeals, the second-instance procedure generally concludes within three months. Quality disputes often require testing or appraisal, and the appraisal period is not included in the trial period, so the actual cycle will be extended accordingly. To speed up the recovery of funds, it is recommended to apply for property preservation simultaneously when suing, freezing the other party's accounts or seizing assets; for cases with clear facts and small amounts, it may be considered to apply the small claims procedure or mediation first to shorten the processing time.

Q5: If I find quality issues with the goods after receiving them, what should I do immediately?

It is recommended to follow four steps: First, immediately stop using and reselling the goods, seal the samples and take photos and videos to avoid further losses or the loss of evidence; Second, check the inspection period stipulated in the contract, issue a written quality objection letter in a timely manner, and deliver it via express delivery, email, or traceable instant messaging, and keep the delivery receipts; Third, require the seller to be present to jointly confirm the defects, and if necessary, commission a third-party inspection agency to issue a report to clarify the nature and causes of the defects; Fourth, negotiate with the seller about returning, exchanging, repairing, or reducing the price of the goods. If no agreement can be reached, sue within the statute of limitations and apply for preservation of evidence. It is crucial not to just verbally express dissatisfaction or delay the process with the mindset of "making do with it for now". The passage of time will directly weaken your claims.

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

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. →Business and commercial legal services·Attorney Zhu Guiyin·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.