Grounds of Appeal] Dongfang Steam Turbine Company has no right to recover the warranty money, and should be sentenced to 1822The warranty of 20,000 yuan belongs to Dafeng Jian'an Company. According to contract 42.5. All units pass the final acceptance, and within the first year after the final acceptance certificate is issued by the end user, the buyer and the seller, 10% of the warranty payment (i.e. 182220,000 yuan). Article 21 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts stipulates that "if the buyer retains part of the price as a quality deposit in accordance with the contract, and the seller fails to resolve the quality problems in a timely manner during the quality assurance period, which affects the value or use effect of the subject matter, the people's court shall not support the seller's claim for payment of such part of the price". From the above, it can be seen that Dongfang Steam Turbine Company has many breaches of contract, and the breach of contract is first; If the equipment supplied by Dongfang Steam Turbine Company has serious quality problems and refuses to repair and repair, the above-mentioned judicial interpretation should be applied, and the court should be requested to make a judgment on the above-mentioned warranty 182220,000 yuan was awarded to Dafeng Jian'an Company.
The court found that Dafeng Jian'an Company claimed 1822 on this basisThe warranty of 20,000 yuan should belong to it and cannot be established.
Lawyer's analysis] Dafeng Jian'an Company asserted that according to Article 4 of the Sales Contract2.5. Within the first year after all units pass the final acceptance and the final acceptance certificate is issued by the end user, the buyer and the seller, the buyer shall return 10% of the warranty money (i.e., 182220,000 yuan), the equipment supplied by Dongfang Steam Turbine Company has serious quality problems and refuses to repair and repair, the above warranty 182220,000 yuan should belong to him. However, according to the facts ascertained by this court, Article 42.Article 5 does not stipulate the warranty money and its return, but stipulates that after the final acceptance, Dafeng Jian'an Company shall pay 10% of the price of the contract equipment. Throughout the Sale and Purchase Contract, it was not stipulated that Dongfang Steam Turbine Company should pay 1822The 20,000 yuan warranty and the final acceptance can be claimed to be returned. In accordance with clause 4 of the Contract of Sale and Purchase2.Article 5, Article 43. It is agreed that after the final acceptance, the payment that Dafeng Jian'an Company should pay to Dongfang Steam Turbine Company includes two items, one is 10% of the payment for the equipment, and the other is 30% of the technical service fee of the equipment, and the sum of the two is exactly 182220,000 yuan (173220000 10% 3000000 30%). Therefore, in the minutes of the meeting, "in accordance with contract 42.5. The final acceptance certificate shall be paid within the first year after the signing of the quality assurance fee of 18,222,000 yuan (18,222,000 yuan)" part should be a clerical error, and Dafeng Jian'an Company claimed 1822The warranty of 20,000 yuan should belong to it and cannot be established.
Even if it is believed that the "meeting minutes" changed the agreement of the "sales contract", the last payment of 10% of the equipment ** and 30% of the technical service fee originally payable by Dafeng Jian'an Company after the final acceptance totaled 182220,000 yuan as a guarantee money, Dafeng Jian'an Company should also return it and has no right to continue to keep the money. In accordance with clause 9 of the Contract of Sale6. Wind turbines enter the quality assurance period after obtaining the pre-acceptance certificate, and the quality assurance period is 5 years. The warranty period in this case began on November 6, 2012 and ended on November 6, 2017. During this period, Dafeng Jian'an Company did not raise a quality objection and notified Dongfang Steam Turbine Company that, according to Article 158 of the Contract Law of the People's Republic of China, the quality of the subject matter should be deemed to be in accordance with the agreement. After the expiration of the warranty period, Dafeng Jian'an Company shall transfer the 1822 at the end of 2017 as agreed by both parties20,000 yuan was paid to Dongfang Steam Turbine Company.