How to prove the products failed agreed standard in China courts?
Recently we often get inquiries from clients that the ordered goods imported from China (especially masks during this special period) . They found the quality problem of goods when they received goods. Under such circumstances, plaintiff must prove that the product is unqualified if they want to sue the other party. So, what evidence should be submitted to the court to prove the bad quality of products?
Chinese courts usually recognize whether the goods meet the quality standards on the basis of two circumstances:
Under normal circumstances, the contract or invoice may stipulate a specific quality standard of the goods. In this case, the key evidence for the court to recognize whether the quality of the goods meets the agreed standard is the inspection report.
In order to make the report of inspection acceptable to the court, we have the following recommendations:
a. Select authoritative inspection institutions (eg SGS);
b. Send a letter inviting the other party to witness the inspection process (even if the other party refuse or not reply);
c. Notarize the inspection process-- prove that the inspected goods are the goods prov