Standard answer
Passing a pre-shipment inspection does not automatically eliminate a buyer’s claim for defects discovered later. The result depends on the inspection scope, sampling method, agreed standard, visible versus hidden defects, contractual acceptance language, notice timing, causation, and proof that the tested goods are connected to the shipment received.
Preserve the inspection instruction, report, sampling plan, photos, serial or batch numbers, sealed samples, shipping documents, warehouse records, and the later defect evidence. Determine whether the inspector tested appearance, dimensions, function, safety, materials, packaging, software, or only a limited sample.
Notify the supplier promptly and describe the affected batches, agreed specification, actual defect, discovery date, test method, and requested remedy. Do not destroy, repair, resell, or return every item before preserving samples and documenting chain of custody.
The supplier may argue that transport, storage, installation, misuse, or an unapproved customer requirement caused the problem. The buyer’s evidence should address these alternative causes. An independent laboratory or expert may be needed for technical or latent defects.
Related LawPW Guides
- https://lawpw.com/chinese-supplier-defective-goods-refund/
- https://lawpw.com/chinese-factory-ships-defective-goods-what-to-do/
- https://lawpw.com/china-contract-review-is-not-translation/
Guangdong Pingwei Law Firm is based in Shenzhen in the Guangdong-Hong Kong-Macao Greater Bay Area and handles China-related matters nationwide within the People’s Republic of China. This general information is not a legal opinion on any specific transaction or dispute.
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