Attorneys Avon and Laney Secure Full Refunds for NZ Client in Dispute with Taizhou Supplier

Chinese suppliers attract global buyers with their market scale and product competitiveness. However, the issue of sellers' non-performance has caused trouble for many foreign buyers. 

For example, after the delivery of goods, it is found that the quality is seriously inconsistent with the contract agreement, but the seller refuses to refund or compensate, resulting in losses for the buyers. 

How buyers can effectively protect their own legitimate rights and interests has always been a problem.

In 2022, a New Zealand buyer purchased seafood from a seller in Taizhou, China. The Taizhou seller guaranteed in writing that the delivered seafood would meet New Zealand's food safety standards and promised to take full liability for any quality issues that might arise. 

However, after the seafood arrived in New Zealand, some of it was found to contain "deadly bacteria," which severely violated import requirements. After negotiation, the Taizhou seller agreed to return the substandard seafood to China.

Nevertheless, after the substandard seafood was returned to China, the New Zealand buyer requested the seller to provide a solution, including refunding the payment and compensating for the losses. However, the Taizhou seller failed to respond. After several rounds of unsuccessful negotiations, the New Zealand buyer entrusted the legal team of Lawyer Larry from Landing (Shenzhen) Law Office to handle the case, with Lawyer Avon Zhao and intern lawyer Laney Liu specifically in charge.

After thoroughly reviewing the case materials, our legal team formally sent a lawyer's letter to the supplier and conducted several rounds of negotiations with the seller's person in charge. After relentless efforts, both parties finally reached a settlement: the seller agreed to refund the full payment.

The client ultimately received the entire payment through this solution, without having to invest more time and costs in the case, achieving a satisfactory result at a relatively high cost-effectiveness ratio.

Using this case as an example, we would like to remind foreign buyers that even if the seller promises to take responsibility before shipment, if the scope of responsibility is not specific and clear enough, there may still be significant obstacles in subsequent claims. For example, in this case, although the seller promised to "take responsibility," it did not specify the exact scope of compensation and the performance period, which led the buyer to have to involve a lawyer to promote the solution.

Therefore, before the transaction, it is recommended that foreign clients consult professional Chinese lawyers to ensure that the contract terms are clear and enforceable, and to stipulate clear liability for breach of contract and dispute resolution methods in order to minimize transaction risks to the greatest extent.

Client Confirmed Refund Received: