informations

En Italy
Dernière mise à jour : Nov 26, 2024
We have a supplier in China from whom we buy a traction coupling spring. The spring is used in lifeline cases, like for the safety of the operators on rooftops. We have been buying this product since 2023. At the start, we sent a sample for our supplier to study and provided other technical specifications of the product. Initially, the goods provided were respecting the specifications and we had no problems, but the last delivery showed serious issues. Enclosed below you can find some photos and the technical data sheet for reference, which might help to understand the product and related issues.
The fork terminals are not welded properly, can be easily detached, and are not suitable for the lifeline as a worker might risk his life. The certificate provided by our supplier does not show any minimum breaking load or standard working load limits as this is a custom-made product and is not certifiable under norms.
We incurred huge costs:
1. In repairing these springs up to EUR 10,000.00
2. Delivered and already mounted ones. Estimated cost for these is around EUR 50,000.00 and the actual cost might be defined in the near future.
The defects are visible to the naked eye, and so is the breaking load. That’s why they are not trustworthy for the safety of workers. Before filing any lawsuit, we need some information on what the chances are to recover the damages and costs incurred on these springs from our supplier, as we import other products from China. We want to know what Chinese law considers in cases like this one. Is it only the client to bear responsibility and costs, or is the supplier held responsible too?
Looking forward to your kind reply.
Santinifuni Srl Fawad

Réponses d'Avocats

Italy Law Firms

Italy Law Firms

Nov 27, 2024

Hi,

We understand the gravity of the situation you are facing with your supplier in China regarding the defects found in the coupling springs. We can answer your questions and provide some useful information regarding Chinese law and the options available to you.

Supplier's Responsibility
Under Chinese legislation, the supplier's responsibility depends on the type of contract, the agreed specifications, and the applicable regulations. If the supplier has violated the contractual specifications, failed to meet the agreed quality standards, or provided a defective product that compromises safety, they could be held liable for the damages caused. However, in the absence of certification and a clear contractual commitment regarding the product's performance (such as the spring not meeting safety requirements), it might be more complex to prove liability.

Please contact us so that we can explain further.

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