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What to Do When a Chinese Supplier Delivers Defective Products

www.ChinaLawSolutions.com

Mid-market companies often discover that a China-relatedproblem becomes urgent only after money, tooling, inventory, or customer commitments are already at risk. The practical steps below are intended to help management identify the right counterparty, preserve leverage, and decide when
local counsel or other specialists should become involved.

Act before accepting or reselling the goods

Defect claims become harder when the buyer continues using,modifying, or reselling the goods without documenting the problem. Immediately segregate affected inventory where possible and preserve representative samples.

Follow the inspection and notice provisions

Review the contract for inspection deadlines, acceptancecriteria, notice requirements, and remedies. Send a detailed notice identifying the purchase order, quantities, defects, test results, and requested remedy.
Avoid vague statements such as “quality is unacceptable.”

Build an evidence package

Use photographs, videos, independent inspection reports,customer complaints, test data, batch numbers, and shipping records. Maintain chain of custody for samples. If the defect is technical, engage an expert who can distinguish manufacturing defects from design, storage, shipping, or misuse.

Choose the remedy strategically

Possible remedies include replacement, rework, refund, pricereduction, credit, expedited production, or damages. The commercially best result may be a structured corrective plan rather than immediate litigation, especially when replacement supply is time-sensitive.

Prevent repeat failures

Revise specifications, golden samples, inspection rights,change-control procedures, and acceptance testing. Many disputes arise because the contract says little about measurable quality standards or allows the supplier to change materials or subcontractors without approval.

Practical next step

Beforesending additional money or escalating the dispute, assemble the Chinese business license, contract, purchase orders, invoices, bank details, payment records, and key communications. A focused review can identify the correct entity, the immediate leverage points, and whether a legal demand, local verification, negotiation, or litigation assessment is justified.

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