The quality clause is a major clause in the sales contract and is a specific agreement between the buyer and seller on the quality of the goods. When formulating quality clauses, various methods of expressing quality must be correctly used, attention should be paid to the combination of scientificity and rationality, and a certain range of quality flexibility can also be specified.
The basic content of quality clauses is the name of the goods, specifications, grades, standards or trademarks, brand names or origins, etc. Specific terms may vary depending on the product.
When buying and selling based on samples, the serial number or delivery date of the sample should generally be listed, and sometimes a statement that the quality of the delivery is generally or completely consistent with the sample should be added.
When buying and selling based on a standard, the referenced standard and the year of the standard version should generally be listed.
Legal Basis
Article 496 Standard Clauses of the People’s Republic of China and the Civil Code Standard clauses are drawn up in advance by the parties for repeated use and are used when entering into a contract. Terms that have not been negotiated with the other party at the time. If a contract is concluded using standard clauses, the party providing the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, and use reasonable methods to remind the other party to pay attention to clauses that have a significant interest in the other party such as exempting or reducing its liability, and shall, in accordance with the other party's requirements, explain the provision. If the party providing the standard terms fails to perform its obligation to provide reminders or explanations, causing the other party to fail to pay attention to or understand the terms that have a significant interest in it, the other party may claim that the terms do not become part of the contract.