I spent 4,500 yuan to buy 3 rock slabs at the building materials market to use as background walls, and took them to the ceramic tile processing factory for processing. However, after picking up the goods, I found that the corners of two of the rock slabs were cut obliquely and were damaged; the remaining Although there was no processing problem with one rock slab, it broke during transportation... There were "problems" with three rock slabs. Who is responsible?
On June 15, a civil judgment issued by the Intermediate People's Court of Yingkou City, Liaoning Province attracted the attention of "Ceramic Information". In the end, the court ordered the ceramic tile processing factory to pay 3,000 yuan for materials and 613 yuan for processing fees.
Buy 3 rock slabs to use as background walls
2 pieces were damaged during processing and 1 piece was broken during handling
Time goes back to July 13, 2020.
On this day, Zheng, a consumer in Xinglongtai District, Panjin City, Liaoning Province, spent 4,500 yuan at a building materials and ceramics mall in Yingkou City, ordering three slate slabs in full for background wall decoration at home.
On September 18, 2020, Zheng sent 3 slates to a ceramic tile processing factory in Zhanqian District, Yingkou City for processing, and paid a total processing fee of 920 yuan for the 3 slates. There was no written contract signed between them.
On October 3, 2020, after picking up the goods, Zheng discovered that the corners of two of the rock slabs had been cut obliquely by the processing factory and were damaged; although the remaining one rock slab had no processing problems, it was It broke during transportation. The worker who moved the rock slab was hired by Zheng.
Internet pictures have nothing to do with this article
All three rock slabs had "problems". Subsequently, Zheng filed a paper complaint with the People's Court of Zhanqian District, Yingkou City, requesting the court to order the ceramic tile processing factory to compensate the ceramic tile processing factory for 4,500 yuan for materials, 920 yuan for processing fees, and bear case acceptance fees.
Zheng believes that, first, no one in the processing factory mentioned in advance the risk of no compensation or cutting if it was cut. Before payment, he said that his factory had decades of processing experience and advanced equipment.
Second, the processing factory did not complete the processing as required and refused to admit its mistakes and the workers' improper operations. Zheng said: "I went to other processing plants for consultation and this mistake was caused because the operator set the electric saw cutting speed too fast, causing the rock slab to burst, which seriously violated the customer's requirements and affected the beauty of the TV background wall. degree."
Zheng said that he paid a processing fee several times higher than the market standard, but the result in exchange wasThe processing factory's excuse was that out of a total of three rock slabs, two were cut off and a corner fell off. There are pictures to prove it. "Also, after the processing plant cut it, it sent me unreal photos and screenshots of my communication using WeChat."
Secondly, due to improper design of the processing plant, the third rock slab could not be moved and broke as soon as it was moved. This was also caused by the processing plant. If it cannot be moved, it cannot be considered as completed processing. Because the stress-bearing structure of the rock slab has been changed after processing, the processing plant did not give a reminder and carried it normally, resulting in the rock slab breaking as soon as it was moved.
The People's Court of Zhanqian District, Yingkou City held that Zheng provided materials and paid processing fees to the ceramic tile processing factory, and the two parties formed a contract relationship. Two of the three rock slabs processed by the processing factory for Zheng had processing quality problems, which caused Zheng to be unable to use them normally and he should be liable for compensation. Another piece of rock slab Zheng claimed that there was no processing quality problem and that it was damaged during transportation by the workers he hired himself. His claim that the processing factory should bear the responsibility is without legal basis and will not be supported.
The People's Court of Zhanqian District, Yingkou City therefore ruled: 1. The ceramic tile processing factory should pay Zheng 3,000 yuan for materials and 613 yuan for processing fees; 2. It rejected Zheng's other claims and the case acceptance fee of 50 yuan should be borne by the ceramic tile processing factory. .
Both the first and second instances of the court ruled:
The processing factory will compensate the material and processing fees for 2 pieces of rock slabs
The ceramic tile processing factory expressed dissatisfaction with the above judgment, believing that the facts in the judgment were unclear, the evidence was insufficient, and there was no investigation and understanding. Therefore, it appealed to the Yingkou Intermediate People's Court of Liaoning Province, requesting that the judgment be revoked and that the judgment be changed to exclude liability for compensation.
The ceramic tile processing factory believes that although the two parties are in a contractual relationship, they have not signed a written contract, and the oral contract has stated that defects may occur during processing. This has been communicated by both parties on WeChat, and WeChat screenshots can prove this. The two parties had friendly exchanges on this matter, and both parties had no objections. However, the original trial did not recognize this fact.
At the same time, the ceramic tiles determined by the original trial can no longer be used, which is entirely based on Zheng's words, because the processed ceramic tiles will not affect the use at all. However, the original trial rejected the request of the appellant (ceramic tile processing factory) for witnesses to appear in court to testify and prove the general rules of ceramic tile processing. The original judgment lacked factual basis, and we sincerely requested the higher court to revoke it in accordance with the law and change the judgment that the appellant (ceramic tile processing factory) was not responsible.
However, the Intermediate People's Court of Yingkou City, Liaoning Province held that since the two parties are in a contract relationship, they should complete the processing contract work as agreed and deliver the work results. Now processingThere was a quality problem with the rock slabs, causing losses to Zheng, and the ceramic tile processing factory should bear the liability for compensation.
At the same time, the appellant (ceramic tile processing factory) stated that it had verbally explained to Zheng the possible risks in the processing process, but there was no evidence that Zheng recognized the risks and voluntarily assumed the adverse consequences arising therefrom. In addition, the slanting and damage caused by the processing process will inevitably affect its normal use as a TV background wall. The appellant (ceramic tile processing factory) made an appeal claim that it does not affect the use at all, which has no factual basis.
In summary, the ceramic tile processing factory’s appeal cannot be sustained. The second instance dismissed the appeal and upheld the original verdict.
(This article is reproduced from Ceramic Information)
