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China Sourcing, Assembly and Packaging

My Supplier Did Me Wrong

1. We purchased a container of garment rails
2. Arrived into our warehouse

On unloading we undid one box which contained 8 rails and the feet were not attached and noted the rails were not to standard. It had the following problems:

Not individually boxed as requested

Rails faulty would not fit together

Welding bad at the bottom the feet went in at an angle

Rusty in places

When pushing the side rail into bottom it would not go in as the painting on the rail was too thick and could not be pushed through to connect the bottom rail.

 

3. We did not unload the container and immediately contacted the manufacturers and informed them the goods were faulty and not boxed individually. We were not accepting faulty goods and needed to return them and they needed to instruct COSCO shippers they were accepting the goods back.

 

They wanted us to check all the other boxes to see if any were ok. We refused as this could not be expected of us and the boxes were not individually done as requested in our order. We undid 5 boxes which had 8 in each box and these were all faulty.

They refused and said they would send the parts and compensate us the man power we would have to use.

We informed them we could not do this as all the garment rail were faulty and it would mean they would have to replace the whole consignment as each item had to be individually boxed to send to our customers and the items needed to be perfect.

They are refusing and we need help quickly as the containing is in a holding bay at COSCO shipment yard and incurring costs and we have paid for the delivery cost of the container and all the other costs which are incurred and are incurring day by day.

I have a couple of ideas for you.

  1. Next time around, please keep a company like AQF in mind for any future orders. For a few hundred USD they will visit the supplier and inspect the goods before it ships out of China and before you pay the final payment.  This affordable step would have prevented the problem you describe above.
  2. But let’s address the current problem.  I see two options:

Option One

If you desire to move to a court case with the supplier, then I think English speaking Chinese lawyers at www.AsiaBridgeLaw.com would be a good fit as I use them for this kind of support. She is represented by Whit Kelly who also represents my firm to international clients.  I will ask he gets in touch with you if you wish to pursue this channel.

Option Two

On the other hand, if you would like to try mediation before going to court,  I know some people would be a good resource for you.

Let me know your desired next step and I will be happy to make introductions.

Looking forward to being of service.

BTW, you may have already seen them before, but if not, here are some blog posts and articles that may be of interest to you:

How does one actually return defective product back to China?

Resolving a dispute: Demand letters and legal options

“They took the money and ran!”

learn from this foreigner buyer’s experience with Chinese courts

Product liability

China’s Legal System

Best wishes on your sourcing program.

Question answered by Mike Bellamy, host of “Ask the Experts” at the China Sourcing Information Center.

Mike Bellamy is an Advisory Board Member & Featured Blogger at the not-for-profit China Sourcing Information Center (www.ChinaSourcingInfo.org). He is also the author of, “The Essential Reference Guide to China Sourcing” (chinasourcinginfo.org/book) and founder of PassageMaker Sourcing Solutions (www.PSSchina.com )


 




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