Misfortune lies where blessings depend, and blessing lies where misfortune lies! In the textile industry, there are still many pitfalls. Sometimes an order comes, but it may be wasted in the blink of an eye. Sometimes it is thought that delivery is certain, but the customer disappears! These things are common in the market recently.
1. Zhejiang famous enterprise defendant, the payment for 50 tons of non-woven fabrics was “wasted”?
Because of the high popularity of non-woven fabrics in the market during the epidemic, many qualified companies started production last year, but not all orders were received. You can make money. For example, this famous company in Zhejiang has taken on a “hot potato”!
Recently, Zhejiang Jimaliang Silk New Materials Co., Ltd. (hereinafter referred to as “Jimaliang Silk”) and Jiangsu Helilai Fashion Co., Ltd. (hereinafter referred to as “Helilai” ) has made new progress in the non-woven fabrics sales dispute.
The cause of this dispute and the basic facts of the case show:
Since March 15, 2020, the defendant Jimarasi and the plaintiff Jiangsu Helilai Fashion Co., Ltd. (hereinafter referred to as “Helilai”) started the sale of non-woven fabrics;
On April 14, 2020, the two parties signed a written “Sales Contract” , the second clause of the contract stipulated that the quality requirements should be based on the manufacturer’s enterprise standards, and the fifth clause stipulated that the acceptance standards should be based on the manufacturer’s enterprise standards. According to the analysis and test report provided by the defendant to the plaintiff, the analysis and test results were that the industrial hemp non-woven fabric was resistant to The virus activity rate is as high as 99.92%, the anti-virus filtration efficiency of industrial hemp non-woven fabrics is 78.95%, and the filtration efficiency of industrial hemp disposable masks is 91%.
With reference to the technical standards of the defendant Jimalian silk, it was inspected by the Jiangsu Textile Products Quality Supervision and Inspection Institute and found that it did not meet the standards. The subject matter of the contract cannot be used as raw materials for the production of disposable masks. As a result, the plaintiff Helilai’s contract purpose could not be realized.
The plaintiff believes that the defendant is in fundamental breach of contract and should be responsible for returning the inventory payment of 2.4 million yuan. The plaintiff After it was confirmed that it did not meet the technical standards, it immediately stopped using it, but more than 12 million masks have been produced. Among them, the raw materials sold by the defendant were worth 1,570,765.6 yuan, and other material costs, reasonable profits and other property losses amounted to 2.1 million yuan. Now some masks have been destroyed. Part of it cannot be sold, and the defendant should bear the responsibility of compensating 3670765.60 yuan.
The counterclaimant Yoshimaryo Silk said that the order is divided into two stages. In the first stage, both parties have completed the performance of the contract. In the second stage, the product name is 30% hemp and 70% cotton spunlace plain non-woven fabric, with a quantity of 50 tons and a unit price of 14 Ten thousand yuan/ton, the total amount is 7 million yuan, the delivery date is 5 tons per day after April 15, and it is agreed to pay first and then deliver the goods.
At the same time, the contract stipulates that the goods will be inspected and accepted in accordance with the manufacturer’s standards, and the inspection period will be three days after the goods arrive. After the contract was signed, the counterclaim defendant successively paid a payment of 2.4 million yuan. The counterclaim plaintiff delivered 16,632.5 kilograms of non-woven fabrics with a value of 2,328,550 yuan to the counterclaim defendant, and had sufficient supplies of the remaining non-woven fabrics. However, the counterclaim defendant never paid the remaining payment of 460,000 yuan. Ten thousand yuan.
According to the defense opinions published by Gimalos in her defense, the civilian masks submitted by the plaintiff for inspection did not meet the technical standards and cannot be equivalent to the industrial hemp provided by the defendant. The fabric does not meet technical standards.
The industrial hemp non-woven fabric sold by the defendant to the plaintiff was used to make the inner layer of masks and was sent to Shaoxing Quality and Technical Supervision and Inspection Institute for testing. The fine particle filtration efficiency was 91%, which is in line with civilian use. Technical standards for masks.
The civilian masks made by the plaintiff were submitted for testing and were found to not meet the technical standards for civilian masks. Therefore, it cannot be inferred that the industrial hemp non-woven fabrics provided by the defendant did not meet technical standards.
Because of this, Jimarasi resolutely filed a counterclaim, demanding that it pay the remaining 4.6 million yuan in payment and compensate for losses. As of now, the case is still in the first instance trial.
2. The customer ordered 3,000 pieces of clothing but was rejected, with hundreds of thousands in hand!
Due to the impact of the epidemic this year, many orders have been repeated. When encountering this situation, many textile bosses can only admit their defeat. In the early stage, an order was canceled at a stall in Shahe, resulting in 3,000 pieces of clothing being rejected, and hundreds of thousands of clothes being left helplessly on the hands.
Cause:
A Heilongjiang couple reportedly had sex in Russia For business, I ordered 3,000 pieces of clothing at a clothing stall in Shahe. The stall had already cut the goods. The customer unilaterally canceled the order on the grounds that Russia was closed to the country!
The recurrence of the epidemic has made many textile bosses afraid to take long-term orders or large orders, for fear that the orders will be canceled by then, and even the initial investment costs will be lost. You can’t get it back, let alone profit.
We all know that there is nothing wrong with pursuing profits in business, but we must not blindly pursue profits and lose credibility, because losing credibility is equivalent to losing the best collaborator, regardless of the above In the first case, the entanglement between the two companies was “continuously resolved and messed up”. However, the longer the lawsuit drags on, it will be harmful to the company. Only if the product quality is excellent, will it not be afraid of final investigation; for the second case In the case, the repeated orders also caused the textile and clothing bosses to suffer. They were full of joy and thought they had received the orders, but they ended up with inventory in their hands.
For textile bosses in 2021 Although it is important to “activate” orders and mobilize funds, taking orders carefully is the top priority. Otherwise, a year of hard work may be in vain. Survival is the key!
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