For short, transmission parts company) signed a processing contract, agreed by the mechanical company for the transmission parts of the company customized powder coating automatic
production line - sets (both sides said automatic line). The main content is: 1, the transmission company for the contractor, the mechanical company for the contractor;
2, customized for the liquid-solid coating line - a set and a set of wastewater treatment devices (both sides said the manual line); the main equipment for the project
painting room 2 sets of powder powder booth 1 set of fixed oven 1 set of transport trolleys (mother and father car) 1 set of equipment is divided into baking channel, powder spraying and spraying
painting room three parts. >Paint room three parts, of which, coal-fired hot air oven is the drying part of the equipment, the price of 28,500 yuan; 3, manual line price total
360,000 yuan, after the signing of the contract prepayment of 180,000 yuan, the end of the installation and commissioning to pay 108,000 yuan, the balance of 72,000 yuan after the trial production of 30 days to pay
clear; 4, contractors overdue for delivery - days to bear the total amount of five ten thousandths of the liquidated damages, the finalized party late payment of one day to bear the total amount of five ten thousandths of the penalty. The contracting party shall bear five ten-thousandths of the total amount of liquidated damages for one day of late payment
.
After the contract was signed, the transmission parts company paid 180,000 yuan in advance to the machinery company for the handmade line. Mechanical company in the performance of the contract,
Transmission parts company still owed 180,000 yuan, delayed payment. The machinery company sued the court, requesting that the transmission company pay
the price of 180,000 yuan and liquidated damages. The company argued that the mechanical company did not install and commission the equipment successfully, the payment terms have not been
accomplished.
The court found that: the mechanical company will be delivered to the final product transmission company and installation debugging, according to the automatic line and manual line
debugging results, the two sides reached a supplementary agreement. The agreement for the manual line debugging defects, set out the improvement measures: mechanical
Company commitment to repair or re-purchase of professional production of hot air oven manufacturers in line with and to meet the transmission of handmade line curing oven contract standard
requested a hot air oven, if the performance of the requirements, the transmission of the company exempted from the original contract of the delayed deduction obligations. Machinery company for the performance of
Promises in the Supplementary Agreement, respectively, to Ningbo City, a special industrial equipment limited company (hereinafter referred to as the special equipment company) to buy
Three hot air ovens, and by the special equipment company transported to the transmission parts company. Transmission parts company to install and debug the equipment. After the installation
commissioning was successful.
Sheng Yuan effective tender material that the contractor to deliver the final product, the finalizer should pay the recruitment system, the first grams of the ground in the discussion". Similar
People are receiving the city so into the hot air step day as can mention line. Transmission parts company free license on the mechanical public easy to save "the material in the real
there are nuclear public copper phoenix Yi 2350 less than eight percent of the total price of the finalization of the phase, and de hot air furnace is a general sound period structure
Sale and purchase contracts signed by equipment companies,
Machine standard company's payment vouchers, special equipment company's delivery notes, issued by the situation and light
Sales contracts signed by the company, the company's payment vouchers, special equipment companies, the situation and light
The company has been the only one in the market for the first time in the world.
Negative Yu Guojie Jiang Ri in the most flat to sell the last body moving parts company stemming from the period of unilateral application of the Shanghai body of the Hui Gong's on the wide for the drop
for the filming, and accordingly ranked that the fixed crop was not installed and commissioned successfully.
, but the public certificate only reflects the filming of the state of the crop, and
cannot confirm the installation and commissioning of the situation,
To only talk about the material that is not in the initiative. Continuing, the case has been installed and commissioned successfully, the root
Bridge Q Guodan traction obligations, should be paid according to the contract to create the gold. The total phase of the crop turned over for 30,000 yuan transmission parts company has paid 1
million yuan, so the amount of liquidated damages should be still owed 180,000 yuan as the basis for calculation.
Accordingly. Huishan court trial decision . Transmission parts company to the mechanical company to pay the reported allocation of 180,000 yuan,
default. After the verdict, transmission
North 2 of the light Jin City, the middle pole people's law **** Tira appeal. In the second matter, transmission parts company can country appeal. The first instance verdict came into effect
Contract disputes and sale contract disputes, the buyer more than the subject matter has not been commissioned successfully as a defense to refuse to pay the price
reason. At present, commercial transactions in the existence of evidence awareness is not strong, the performance of the contract is not standardized and other objective factors, so the court determined that the matter
real time will be a combination of textual information, the amount of the price, third-party evidence and common sense, and other factors to determine.
The case also reminds market players in commercial transactions should strictly abide by the rules and enhance the awareness of evidence. Market operators should firmly
remember: commercial transactions are risky, the contract must be signed in writing. Sellers can retain ownership if they are concerned about receiving payment for goods. The delivery note must be written
clear, time and place of the consignee. In order to prevent claims out of trouble, stamped more successful. If buyers are worried about the quality, the warranty plus warranty
period. Goods quality problems, the first time to raise objections. Do not think that you have not paid, you do not deal with each other do not bother. More than two years of objections
period, the other side of the exemption you pay.