According to the relevant laws and practices of international trade, when trading by sample, the goods delivered by the seller should be consistent with the samples. In general, if the delivery quality is better than the sample, the buyer will generally accept it, so there are few disputes because of it. However, if the case occurs or the market situation changes, the buyer thinks that the transaction is unfavorable to him, and can lodge a claim on the grounds that the delivery quality is not in conformity with the sample, or even reject the goods.
Buy and sell by sample
Use a small number of samples sufficient to represent the quality of the goods to determine the quality of the bought and sold goods. This kind of transaction is called sample transaction.
Usually, the seller or the buyer should submit samples for the other party's confirmation. The transaction contract concluded by the seller providing samples shall stipulate that "the quality shall be subject to the seller's samples", and the contract concluded by the buyer submitting samples shall stipulate that "the quality shall be subject to the buyer's samples". However, whether the transaction is based on the seller's sample or the buyer's sample, the goods delivered by the seller must be exactly the same as the sample. In our export transaction, if the goods we deliver are not completely consistent with the samples submitted by the buyer, with the consent of the buyer, it can be stipulated in the contract that "the quality is roughly the same as the samples" or "the quality is similar to the samples of the buyer".
The transaction of "the quality is subject to the buyer's sample" is also called "sample transaction". When doing this kind of transaction, we should take into account that the samples are reactionary, yellow and ugly. At the same time, we should also consider whether there are problems in raw materials, processing and production, and whether the trademarks and patents of third parties are involved.
In order to avoid quality disputes in future delivery, "duplicate samples" should be kept when sending samples, and the "duplicate samples" should be completely consistent with the samples sent.
For commodities that need inspection by the commodity inspection authorities, copies of samples shall be made and sent to the commodity inspection authorities. If necessary, "sealed samples" can be used, that is, the samples are sealed by the buyer and the seller for future reference or sealed by the notary office. If incoming samples are used for trading, samples with similar quality can be copied or provided according to the incoming samples, that is, "returned samples" or "equivalent samples" are submitted to the buyer for confirmation as the delivery standard, so as to avoid the inconsistency between the delivered goods and imported samples, which will lead to delivery difficulties or disputes.