New furniture problems, building materials, commercial defendants

Morning Post reporter Wei Lingling correspondent Yang Changping

I spent hundreds of thousands of yuan to buy furniture. After delivery, I found that there were quality problems. After I found the professional organization, I realized that the furniture was not mahogany. After negotiating with the seller, Mr. Cai, who lives in Xiamen Island, took the seller to court. . A few days ago, the building materials company at the court of the first court paid Mr. Cai a compensation of 1.14 million yuan. The building materials dealer refused to accept the first-instance judgment and appealed.

Buyer

540,000 yuan furniture cracking

A check is not a mahogany

On October 20, 2013, Mr. Cai purchased wallboards, wardrobes, shoe cabinets and other furniture from a building material dealer. The two parties signed a sales order stating that the furniture was made of “Myanmar mangroves (logs)”. The cost is 540,000 yuan. Subsequently, Mr. Cai paid 400,000 yuan to the building materials supplier. However, the building materials supplier did not deliver the goods at the end of 2013 as scheduled, but did not deliver until the end of 2014. After delivery, Mr. Cai found that the wall panel was cracked and cracked, and the wardrobe was deformed and cracked, which seriously affected the use. For this reason, he asked the seller to solve the quality problem of the furniture, but there was no progress, so he refused to pay the remaining more than 100,000 yuan.

Later, Mr. Cai entrusted the Institute of Wood Research of the Chinese Academy of Forestry to identify the wood materials used in the furniture. Only then did the furniture know that the furniture was not what the seller called “Myanmar mangroves” but the trees. Mr. Cai believes that the seller has made up the name “Myanmar Mangrove” in the context of knowing that these furniture is made of wood, and told him that “Myanmar Mangrove” is a kind of mahogany, which led to his own wrong judgment. The seller’s behavior has constituted fraud, requiring the seller to return the 400,000 yuan that has been paid, and to compensate for the compensation of 3 million times the amount paid.

Seller

Redwood has to sell millions of dollars

According to common sense, he should know

The building materials business believes that the delivered furniture is in line with the materials agreed by both parties, and there is no fraud. The timber is marked as “Myanmar mangroves” because the wood is from Myanmar and the internal wood is red after stripping the bark. The name is the common name and collective name for all the logs with the above characteristics in Myanmar and the supplier. Moreover, the seller of Mr. Cai is the Dutch wood logs under the collective name “Myanmar Mangroves” named by the supplier. The price is also the price of the wood logs. Because of the high price, the general mahogany furniture is limited to sofas, coffee tables, beds, at most, the door, and Mr. Cai has customized a full set of furniture. It is inferred from common sense that he should also know that the furniture he bought is not mahogany, if it is all mahogany. That would cost several million dollars instead of 540,000 yuan. Moreover, mahogany furniture is mostly used for Chinese style decoration because of the color of the wood, and Mr. Cai's decoration style is made in Europe and America, and it is a white sealer. Therefore, he should know that he is not buying redwood. The building materials business also said that Mr. Cai only paid a down payment of 380,000 yuan, and another 20,000 yuan was a deposit for wooden floors, not the purchase price of furniture.

Court

Seller behavior constitutes fraud

Should compensate 1.14 million yuan

Is there fraudulent activity in the sale of this piece of furniture? This has become the focus of controversy on both sides. After the trial of the Siming District Court, the “Myanmar Mangrove” is not the real name of the wood involved in the furniture, and the use of the name is not within the scope of the public. With this name alone, Mr. Cai cannot be correct. Knowing the specific materials of the furniture purchased; and, according to national standards, mahogany is a collective name for eight types of wood such as rosewood, rosewood, and ebony. It has certain professionalism and is not common sense in common life. Redwood, but the expression of “Myanmar mangroves (logs)” is extremely misleading, and the prices of various types of mahogany vary greatly. The applicable decoration style is not fixed, so the building materials manufacturers use furniture prices and home decoration. Style defense is not sufficient.

The court found that the building materials manufacturer did not provide Mr. Cai with real information about the furniture during the sales process, and there was misleading propaganda to mislead Mr. Cai, which constituted fraud. The building materials dealer should pay 380,000 yuan for the goods. Double compensation. A few days ago, the building materials company at the court of the first court paid Mr. Cai a compensation of 1.14 million yuan. Mr. Cai asked the furniture store to return the paid 380,000 yuan in payment, which is a dispute over the sale and purchase contract and should be handled separately. At present, the building materials dealer has filed an appeal.