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Recently, JAVY law firm Qu Xiaochun successfully represented a business purchase and sales contract disputes, prompting the court to support the party's full payment of nearly one million litigation claims, rejected all the counterclaims of the other party. In the face of the other party's subsequent appeal, the court of second instance, after careful trial, decided to uphold the original judgement, rejected the appeal, thus in the maximum protection of the legitimate rights and interests of the parties.

Details of the case

In April 2022, Qu Xiaochun was entrusted by a company A to handle a dispute between a company A (hereinafter referred to as ‘Company A’) and a company B (hereinafter referred to as ‘Company B’) over a contract for the purchase and sale of products in the course of business operation.

In September 2021, Company B purchased dozens of switches from Company A, and the two parties entered into a Product Purchase and Sale Contract. Company A delivered all the switches to Company B according to the time agreed in the contract (with a total payment of more than one million yuan), and in October 2021, Company B issued the ‘Acceptance Receipt’ to confirm the receipt of the goods. Until Company A sued, the payment for the goods remained unpaid. After Company A filed a lawsuit, Company B filed a counterclaim on the grounds that the switches had no production date, manufacturer or quality certificate, requesting the cancellation of the contract, refund of the down payment and compensation for the corresponding liquidated damages. The court of first instance ruled in favour of Company A's request for payment for the goods and rejected all counterclaims of Company B for cancellation of the contract, refund of the down payment and compensation for damages. Company B's subsequent appeal was also rejected by the Court of Second Instance and the judgement was upheld.

(I) Defending the lawful rights and interests of enterprises with the law as the guideline

The principle of good faith is the basic rules and guidelines for enterprises in economic interactions, and is also a sharp weapon for the protection of corporate rights. This case involves the practical application of the contract section of the Civil Code in the daily operation of enterprises, as well as ensuring the effective defence of the legitimate rights and interests of both parties after the signing of the contract, which is of far-reaching significance in guiding enterprises to operate legally and in compliance with the law and promoting the harmonious and stable development of the social economy.

(ii) Relying on the factual cornerstone, strengthening the truthfulness and effectiveness of evidence

In the course of the case, Qu Xiaochun adhered to the rigorous attitude, in-depth excavation of the details of the case, through multiple channels to verify the facts of the case, the formation of a strong chain of evidence. And carefully collect and arrange the switch on the seal stamp, serial number and other unique identification information, supplemented by the product of the company officially issued the description of the key evidence materials, strongly confirmed that the switch is the contract clearly agreed that a company's products. In addition, Qu Xiaochun actively communicated with the judge and urged the court to verify the authenticity of the goods, which further strengthened the authenticity and effectiveness of the evidence.

(III) Continuously optimising client service experience based on professional skills

Based on her professional skills and dedication, Ms Qu Xiaochun has provided high-quality legal services to her clients. With the detailed, powerful and logical evidence materials, she effectively rejected Company B's counterclaim. At the same time, she paid special attention to the transmission of emotional value, patiently answered customers' questions, meticulously elaborated legal points, and formulated risk coping strategies and suggestions for different situations, which made customers deeply feel the professionalism and attentiveness of the lawyers, and greatly enhanced the service satisfaction and trust of the enterprise.