Off quality of building materials product is but of refuse payment payment for goods, and still can ask according to the regulation of the contract the bargainor pays all penalty due to breach of contract, unqualified product did not fulfil the obligation of the contract namely, violated legal regulation.
One, is off quality of building materials product OK refuse payment payment for goods?If both sides is signed contract of floor purchase and sale has an agreement to this quality problem, agreement of according to both sides is solved. Did not agree, you have authority to reject to pay payment for goods. If decorate what the building materials existence that person place buys has one of following quality problems, can ask distributors is in charge of repairing, change, the; that return money gives decorate man-made to become losing, distributors ought to recoup a loss:
(One) the performance characteristics that ought to not have a product and did not make a specification beforehand;
(2) do not accord with in the product or its wrap mount to make clear used product level;
(3) do not accord with the quality state that indicates with the means such as sample of product specification, objective.
If building materials sells business not to give according to afore-mentioned regulations,repair, change, retreat goods to perhaps compensate for losing, decorate a person to be able to supervise a branch to perhaps be versed in administration department informs against business to product quality. If the problem still cannot get settlement, it is OK to decorate a person building materials company fulfills contract obligation to be not accorded with reject to pay payment for goods for the agreement, to people at the same time the court is sued, demand the other side undertakes the responsibility of breach of contract with unqualified building materials. But, if decorate person and building materials distributors to there is different agreement in contract of building materials purchase and sale, answer to be carried out according to contract agreement.
2, what does the kind that raises goods objection have?" contract law " when stipulating buyer is sending content of merchandise on hand not to accord with a requirement only, notify a selling party in time, but did not make a provision to the means of the announcement, because,this is, law is a kind of general and applicable behavior standard, need has stronger adaptability, if provide the way of the announcement very clearly, be opposite occasionally for party, it is one kind is manacled instead, cause possibly also " the work is far from complete " problem.
Will tell commonly, we suggest, of demur put forward to all should adopt written means to be appropriate, the phone also does not eliminate to communicate inside this of course, but the circumstance that communicates no matter how, it is advisable to still give opposite party in order to send a written correspondence, what state you handle affairs first is rigorous, leave both sides to handle the record of the problem second. Of course, letter ought to seasonable file is saved, withhold at that time postal give receipt or facsimile transmission record only.
3, the goods of bargainor consign is unqualified, what requirement can buyer raise?Consign accords with a contract to agree or the goods of legal quality standard is main obligation of the bargainor. When the bargainor did not fulfil this obligation well, what right can buyer hold?
According to " contract law " the 111st regulation, quality does not accord with an agreement, can ask the other side undertakes responsibility of breach of contract, ambiguous to responsibility of breach of contract did not agree or agreeing, reach compensatory agreement hard again, according to particular case, the other side of demand of OK and logical choice repairs buyer, change, re-act, return money, reduce cost or pay.
This shows, the bargainor is offerred when goods is unqualified, buyer can need according to the job, adopt a variety of measure to protect his, also include to ask to reduce cost. If goods puts the quality problem that be in to cause contract purpose to cannot come true, buyer can reject to accept or remove contract. Buyer protects his interest with the means of section of refuse payment tail, the way that also had better want to carry written letter tells the reason that the bargainor does not pay, because of the contract a process that fulfilling is bilateral collaboration, those who show reason since contract is collateral and seasonable announcement, compulsory, also be a kind of expression of sincere letter.
Integrated above what say, quality to a product it is particularly important, if what problem discovers when getting goods, so party is complete need not collection this batch of goods are direct go back rejects payment for goods, time the step that takes law will maintain his interest surely, let oneself do not get thereby any loss.
