Lawyer Larry Zhou Settled Dispute for a Building Materials Seller, Recovering Payment from Buyer
In the trade of goods, the sales contract, delivery notes and other transaction-related documents between the supplier the buyer may be incomplete, resulting in the inability to prove the true agreement between the supplier and the buyer in the transaction and the true course of the trade.
Our client, a company selling building materials, had a long-term relationship with a company in Shenzhen, so when they signed sales contracts of building materials with this Shenzhen company as the buyer, for convenience, they did not have a complete agreement in the contract on the type of goods to be sold and the construction site where the buyer would receive the goods, and most of the delivery notes issued at the time of receipt by the buyer did not have the buyer's signature.
Subsequently, the buyer refused to pay for most of the goods after they had already received a large amount of goods from our client, and did not acknowledge that our client had provided them with these goods.
Based on the above situation, we represented our client to sue the buyer, and by checking the communication records between our client and the buyer, we identified a large number of communication records that could be corroborated with sales contracts, delivery notes and invoices of the transaction in this case, and found evidence of the real existence of the construction site where the buyer received the goods, so as to prove the real amount of goods supplied by our client to the buyer.
Eventually, the court upheld most of our client's claims and ordered the buyer to pay most of the purchase price to our client.
Larry Zhou, Partner
Landing Law Offices China
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