A set of mahogany furniture with a total price of 310,000 was purchased, but the sellers have been reluctant to give invoices and warranty books. The reason behind the scenes is astounding. Recently, Suzhou Xiangcheng Court has concluded the case of disputes arising from the sale and purchase contract. The dealers “not to eclipse chickensâ€, not only for a full refund, but also for punitive damages.
A set of mahogany furniture with a total price of 310,000 was purchased, but the sellers have been reluctant to give invoices and warranty books. The reason behind the scenes is astounding. Recently, Suzhou Xiangcheng Court has concluded the case of disputes arising from the sale and purchase contract. The dealers “not to eclipse chickensâ€, not only for a full refund, but also for punitive damages.
Gu Mou introduced Xu through a friend, Xu, to purchase a bed, sofa, table and chair, a set of Laos red rosewood mahogany furniture valued at 310,000. After the two parties negotiated, they signed the number, price, and delivery deadline of the furniture. "Order contract", Gumou paid 60,000 yuan to Lin on the spot. Before long, Lin Mou asked Gumou to pay the rest of the money. Due to his friend's introduction, Gu Mou did not think much and paid the full amount. Two months later, the furniture was delivered by Xu to Gu, but when Gu Mou asked him for an invoice and product warranty issued by Lin, Xu rushed to forget to take the ground and did not provide it. Lin added a post, but after that, Lin did not make it up. Gu Mou also repeatedly asked Lin for nothing. After Gumou went to the company’s request, he was told that the material of the furniture he had ordered was not the red rosewood but the small leaf red sandalwood. What was going on in the end? Under the anger of Gu, Lin sued the court, not only asking for a refund, but also claiming compensation for three times the price of fraudulent furniture.
The court found out that Xu was a friend of Gu Mou. In the past, he also purchased furniture for him. He was responsible for inspection of the receipt of goods. When he learned that Gu Mou wanted to buy a set of red rosewood mahogany furniture, Xu took Gu Mou to the defendant Lin to purchase. During the selection process, Lin’s wife told Xu Xuan, mahogany furniture with red rosewood and small red sandalwood. The appearance was particularly similar. Those who did not know how to do it were generally not able to see it, but the former was expensive, while the latter was much cheaper. It can be completely replaced, and that if the transaction is successful, Xu can get a considerable amount of benefits. Xu greeted him and agreed with Ruan’s proposal. When Lin and Gumou signed the "order contract," they deliberately did not specify the specific furniture materials. After Gumou left, Xu and Lin reached an agreement. The material that Mr. Gu bought was red rosewood mahogany furniture. , replaced by small leaf red Tan, the difference of 126,000 yuan, of which 98,000 yuan for the benefit of Xu, and the other presented a set of nearly 10,000 yuan worth of European-style bed.
After the court heard that the defendant Lin Xiaohong Hong Tan furniture posing as red rosewood furniture fraud act, the plaintiff Gumou can request a refund, return and claim triple compensation. The court decided that Gu returned the furniture and Lin returned the price. However, because this transaction occurred before the legal provisions of triple compensation were applied, according to the principle of non-retroactivity of the law, the compensation should apply twice the amount of compensation provided by the then-current law. The plaintiff refused to accept the judgment and appeal, and the verdict was upheld after the second instance.
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