Attorneys Sandy and Mark successfully resolved a contract dispute for a UK client, recovering their losses

Attorneys Sandy and Mark successfully resolved a contract dispute for a UK client, recovering their losses.
 In January 2019, the UK client placed an order with a supplier in Hebei province. The supplier confirmed that the products were EN1888 certified. However, upon arrival at the port of destination, the goods were held by customs for failing the EN1888 test. The supplier neither sent the promised strengthened replacements nor provided a refund after the client returned the container to Tianjin Port in China. The client waited for the payment for a whole year to no avail.

 Frustrated, the UK client sought the assistance of Attorney Sandy Tan from Yingke (Shenzhen) Law Office. After reviewing the materials, our attorneys promptly initiated investigations into the opposing parties, collected relevant documents, identified the defendants and jurisdiction, and sent a lawyer’s letter.

 Upon receipt of the letter, our attorneys immediately communicated with the opposing party for negotiation. Unfortunately, the amount they proposed did not meet the client’s expectations. The client initiated a lawsuit. Although the proforma invoice was issued in the name of a Hong Kong company, they actually operated in China, and their directors lived in China. Therefore, the litigation took place in Mainland China, significantly reducing the cost of litigation and attorneys.

 When filing the case in court, we simultaneously applied to preserve the defendants’ bank accounts. Last week, the judgment was received and rendered in the client’s favor. The judge not only supported the client’s claim to refund the goods’ value in full and profit loss but also other actual losses such as storage costs, shipping costs, and testing fees.

 Since we preserved the defendants’ bank account, they approached us to perform the judgment, requesting us to lift the preservation for their bank account. Hence, a new agreement was reached last Friday, and payments were received according to the agreement. The client recovered their losses and is very satisfied with our job.

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