Chinese Supreme Court rejects avoidance of CISG contract involving machines
The Chinese Supreme Court decided C&J Sheet Metal Co. Ltd v. Wenzhou Chenxing Machinery Co. Ltd on 30 April 2014. The decision's full text, originally written in Chinese, has now been translated into English by Yanxu Sima, who is a senior at East China University of Political Science and Law (ECUPL). We are very grateful for his translation that can now be accessed via the case presentation about CISG-online no. 3983 (below).
The case concerned the sale of a five-metre and an eight-metre numerical-control bending machine by a Chinese company to a buyer in the USA. When the machines broke down several months after delivery, the buyer refused to have the seller repair them and declared the contract avoided. For several reasons, all courts involved rejected the buyer's claim based on the alleged avoidance. Among them was the conclusion that the buyer had not sufficiently proven the break-down to have been due to a non-conformity of the machines.
中华人民共和国最高人民法院 (Supreme Court of the People's Republic of China)
China, 30 April 2014 – (2014) Min Shen Zi no. 266, CISG-online 3983