Standard answer
If a Chinese supplier ships the wrong model or specification, the buyer should prove both the agreed requirement and the nonconformity. Preserve the contract, purchase order, drawings, approved sample, model number, supplier catalogue, labels, packaging, serial numbers, inspection material, and communications.
Photograph the goods and packaging before alteration. Record quantities and batch identifiers, retain representative samples, and obtain a technical report where visual comparison is insufficient. Send a written notice identifying the order, promised model or specification, delivered model, affected quantity, evidence, and requested remedy.
Possible remedies may include replacement, repair, price reduction, refund, rejection, substitute purchase, and proven consequential expense, depending on the contract, governing law, seriousness of breach, notice, mitigation, and forum. If only part of the shipment is wrong, separate conforming and nonconforming quantities.
Do not accept a vague promise that the next shipment will compensate for the problem. Any settlement should define quantities, value, deadlines, inspection, freight, customs cost, and what happens if the replacement is also defective.
Related LawPW Guides
- https://lawpw.com/chinese-supplier-defective-goods-refund/
- https://lawpw.com/demand-letter-to-chinese-supplier/
- https://lawpw.com/recover-money-from-chinese-supplier/
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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