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Sales and purchase contract dispute between a technology company in Xiamen and its supplier

Case Summary

The plaintiff, a technology company based in Xiamen, entered into a "Custom Equipment Sales Contract" with the defendant, an equipment supplier from Shenzhen. The contract stipulated that the defendant would supply core production line equipment to the plaintiff, with a delivery period of 90 days from the signing date. However, the defendant delivered the equipment 120 days late and provided units with multiple quality defects. These issues prevented the plaintiff from launching production on schedule, resulting in significant costs for site rent, labor, and order breach penalties. The plaintiff has filed a lawsuit requesting the return of all payments made and compensation for all economic losses incurred.

Key Dispute

1.Do the defendant's delayed delivery and equipment quality defects constitute a fundamental breach of contract?
2.Do the plaintiff's claimed losses have factual and legal basis?
3.Is the defendant's defense based on industry custom valid?

Case Strategy

1.Comprehensively preserve core evidence, including contract terms, delivery records, equipment quality inspection reports, and loss documentation.
2.Regarding the defendant's defense based on industry custom, provide evidence that the contract clearly specifies delivery standards and quality requirements; such customs cannot override contractual terms.
3.Itemize the plaintiff's losses with complete calculation basis and supporting evidence, ensuring a clear causal link between the losses and the defendant's breach of contract.
4.File a motion with the court for judicial appraisal of equipment quality to preserve core evidence of quality defects.

Processing Result

The court ruled that the defendant committed a fundamental breach of contract and must refund the plaintiff the paid amount of 128 ten thousand yuan, compensate for economic losses of 86 ten thousand yuan, totaling 214 ten thousand yuan; the defendant shall bear all litigation costs and judicial appraisal fees.

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