The characteristic of sample contracts is that whether to trade depends on the quality of the samples. Generally speaking, e-commerce companies need to determine the quality of goods through samples, and suppliers must deliver samples of the same quality as the goods. For example, if a supplier provides a sample of parts to an e-commerce company, the two parties should agree that the sample is of the same quality as the goods.
In sample contracts, once the agreed sample is determined, neither party can change it at will. The sample and the goods to be bought and sold should be of the same type. Therefore, this type of contract is usually applicable to transactions of goods with a certain type. The biggest difference between sample contracts and other contracts is that the quality of the goods must be the same as that of the sample.
Nowadays, customized services are becoming more and more popular among consumers. Mr. Zeng, a citizen, saw a wardrobe that he was very satisfied with in a local shopping mall. The salesperson said that he could build him a wardrobe that was exactly the same as the sample. So Mr. Zeng placed an order immediately. But what he didn’t expect was that after the wardrobe was installed, Mr. Zeng found that the material of the invisible door was different from the sample: the invisible door of the sample was a printed wooden door, but the real thing became a printed glass door.
For this reason, Mr. Zeng found the person in charge of the shopping mall. The person in charge said that the material problem would not affect the normal use of the wardrobe, so Mr. Zeng should not be too concerned. Later, Mr. Zeng found the local market supervision department, and the mall agreed to solve the problem as soon as possible. Although Mr. Zeng’s case is a personal consumer dispute, it also inspires e-commerce companies to communicate details with suppliers before purchasing based on samples, including the quality, specifications, delivery date and after-sales service of the goods. Sample contracts require the seller, that is, the supplier, to deliver the goods according to the quality of the sample, which also shows that the supplier bears the corresponding responsibility for the sample. Because the e-commerce company determines the quality of the final delivered goods based on the agreed sample, the sample itself has important legal significance. In this case, the supplier should seal the sample to ensure that the sample is not damaged, so as not to affect the e-commerce company’s understanding and judgment of the sample. In addition, if the quality of the goods delivered by the supplier is inconsistent with the sample and its description, it needs to bear the liability for defect warranty. If the e-commerce company refuses to purchase the goods on the grounds that the quality of the goods does not match the sample, then the supplier needs to prove that the quality of the goods is consistent with the sample, otherwise it must bear the liability for delayed performance. If the e-commerce company makes a defect warranty request after receiving the goods, then the supplier needs to bear the burden of proof that the quality of the goods does not match the sample.
Tips
Whether it is a supplier or an e-commerce company, if they believe that the quality of the goods does not match the sample, they must provide relevant materials to prove the correctness and rationality of their views. This also means that samples must be kept intact so that there will be reference materials in the event of disputes in the future.