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Mr. Ren, a person in charge of a machinery leasing company in Inner Mongolia, said recently that in May 2003, he purchased the "31" LTU90/LTU120 asphalt paver and the "31" YZC12 double drum vibration roller produced by Sany Heavy Industry. . However, soon after they leased the two machines to the constructors, quality problems occurred one after another. Although after several repairs, they were eventually rejected by the contractor due to repeated repairs, which brought tremendous challenges to the machinery leasing company. Economic losses.
However, in the course of ten years of litigation, due to the inaction of the Inner Mongolian court, the company has so far been unable to obtain appropriate compensation. In response, the reporter telephoned Sanyi Heavy Industry’s propaganda minister Shi Qiqing, who had not responded at the time of writing.
The equipment was used to repair the contractor and the construction party refused to use it;
On May 12, 2003, Hohhot Construction Machinery Leasing Co., Ltd. (hereinafter referred to as "Hunta") purchased in an installment manner from the agent dealer Inner Mongolia Zhuang Heavy Machinery Co., Ltd. (hereinafter referred to as "Zhuangzhong Company"). Sany produced the "31" LTU90/LTU120 asphalt pavers and the "31" YZC12 double-drum vibratory roller. It is reported that for the above two production facilities, the value of the paver is 2.6 million, and the roller is worth 650,000.
On June 1st and 15th, 2003, Sany Heavy Industries delivered the paver and roller to Yingda. On July 15, 2003, Hangda Company leased the paver to Inner Mongolia Xinlong Company for use. However, what people did not expect was that on July 22, the conveyor chain of the paver began to collapse and the channel board also appeared. Severe wear fractures and breaks several times a day during subsequent construction. At the request of Hangda, in December 2003, Sany Heavy Industry changed the channel board and transfer chain of the paver purchased by Hangda for free. In May 2004, Hangda Company leased the paver to China Railway Third Committee. However, during the construction period, the conveyor chain of the paver began to collapse several times a day. Hangda had to re-send the service department of Sany Heavy Industry again. Proposed to repair, replace the paving machine channel board and conveyor scraper drive chain, but this time Sany Heavy Industry did not pay attention to this matter after-sales service. Due to delays in settlement, the paver was unable to complete the construction work, resulting in the construction of the Third Railway Bureau of the construction party to clear the construction site three months in advance.
At the same time, on August 1, 2003, Hangda leased the road rollers to the China Railway Third Committee for use. However, in the subsequent use, the front wheel running bearings and the front wheel hydraulic traveling motors of the equipment repeatedly failed. The Sany Heavy Industry after-sales service department also does not care for it after several repairs. In desperation, in order to fulfill the lease contract, Hangda had to fund its own replacement of rear-wheel hydraulic traveling motor.
Mr. Ren, the person in charge of the company, told reporters that because the two equipments were all purchased in installments, the company had refused to pay the remaining amount of 700,000 yuan and required Sany Give repairs or replacement parts and provide "Product Certification", but for these requirements, both the solemn company and Sany did not ignore.
The subsequent development of the incident made the entire Hangda company unexpected. In October 2004, Zhuang Heavy Company sued Hangda Company to the Hohhot Hui District Court for the reason that Hangda Company refused to pay the remaining amount of RMB 700,000 Yuan. The Hangda Company immediately took quality issues and Sany Heavy Industry did not provide the “Product Certification Certificateâ€. By filing a counterclaim.
Lawsuit hitting high court leasing company suffered huge losses
Mr. Ren told the reporter that in the process of hearing the Hui District Court, the company had submitted a request for quality assurance to the court. However, the court did not pay attention to the claim filed by the company. The first instance decided that Hangda paid a surplus of 700,000. Additional liquidated damages and interest of 193,200 yuan. Hangda Company did not accept the verdict and appealed to the Intermediate People's Court of Hohhot City. At the same time, it also commissioned the “Inner Mongolia Product Quality Judicial Appraisal Institute†to conduct quality appraisal of the paver chain and channel board. The results of the appraisal showed that the material of the paver chain and channel plate were all made of ordinary materials, and clearly stated in the third section of the “Sany LTU90/LTU120 Asphalt Paver†operating manual, “all contact with the paving material was zero. Parts are made of imported high wear-resistant steel materials and are easily replaced. However, in the trial process of the Intermediate People’s Court of Hohhot, the court did not adopt the product quality appraisal result unilaterally made by Huntstar, and finally maintained the judgment of first instance and seized and sealed the pavers purchased by Hangda in 2005. .
Subsequently, Hangda Company appealed to the Higher People’s Procuratorate of Inner Mongolia. At the same time, the Higher People’s Court of Inner Mongolia instructed the Trial Division of the Intermediate People’s Court of Hohhot City to reopen the case. In the trial process, the court requested Sany Heavy Industry to provide the corresponding "Product Certification", but Sany Heavy Industry has not been able to provide it. After Sany Heavy Industry, Zhuang Heavy Company and Hangda Company agreed, it was entrusted by the National People's Court of Hohhot. The Quality Supervision and Inspection Center of the Steel Products Quality Assessment of the paver chain and the channel plate was conducted, and the results of the appraisal were completely consistent with the previous identification results of the Aircraft Company. The Hohhot Intermediate People's Court immediately revoked the first and second instance verdicts and sent it back to the retrial.
However, in the process of retrial, Hohhot Hui District Court still failed to adopt the appraisal result of the “National Steel Product Quality Supervision and Inspection Center†and the requirement of Hangda’s request for Sany Heavy Industry to provide the “Product Certification Certificateâ€, and decided the stall The shop had no product quality issues and asked Hangda to pay the remaining amount of 700,000 to the solemn company with additional liquidated damages and interest of 193,200 yuan. Mr. Ren told reporters that this was obviously unfair, but when they appealed again to the Hohhot Intermediate People’s Court, the Intermediate Court maintained the result of a new judgment of the Hohhot Hui District Court.
Long lawsuit dragged down company consumers for ten years
Mr. Ren, the person in charge of the company, told reporters that in the course of the above trial, they all asked the court to find out whether the paver had a “product certificateâ€, but the court ignored it. In desperation, they appealed the case to the Higher People’s Court of Inner Mongolia. On May 20, 2010, the High Court made a final judgment, that is, Hangda paid the company with a surplus of 700,000 yuan, and paid overdue interest of 193,200 yuan, and the solemn company needed to buy it for Hangda within 30 days. The paver replaces the imported high wear-resistance channel plate and the conveyor scraper drive chain. However, so far, Sany Heavy Industry and the solemn company did not perform the content of the decision made by the Inner Mongolia Higher People's Court. After Hangda Company applied to the Hui District Court for mandatory enforcement, the other party has not only ignored it, but also seized and seized equipment worth 2.6 million yuan to the solemn company to offset the surplus money owed by the company. In this way, after many consecutive appeals, Hangda finally failed to win the case.
In the interview, the reporter also learned that Mr. Ren's company was funded by him and more than 20 unit colleagues. Because of this dispute, he was also expelled by the unit. Over the years, he had been running for this matter and he wanted to discuss it. The saying. He also gave the reporter an account detailing the price paid by the company for this matter.
First of all, because the court did not get a fair judgment. The result was that Hangda paid the company with a surplus of 700,000 yuan and paid overdue interest of 193,200 yuan. The court finally awarded the equipment worth 2.6 million yuan to the solemn company to offset the remaining amount owed by Hangda.
Secondly, in the process of leasing the paver in the China Railway Third Committee in May 2004, due to the serious quality problems of the paver, the progress of the China Railway Third Bureau project was affected. The China Railway Third Bureau cleared the equipment three months ahead of schedule. At the scene, it caused losses of up to 540,000 yuan.
Since then, Sany Heavy Industry's after-sales service has not made repairs or replacements of the channel plate and the conveyor squeegee transmission chain of the equipment, resulting in that the equipment has not been able to use normally and cannot participate in any engineering construction. According to the annual construction of 10 months, the monthly rental cost is calculated as 240,000. From May 2005 to date, Hangda’s losses have reached as much as several million yuan, and have thus been on the verge of bankruptcy.
For these employees who raised capital to invest in the company’s employees, due to the unfair judgment of the court, the hard-earned money of these employees was lost for many years, and family life is very difficult. Until now, Mr. Ren has always believed that Sany Heavy Industry has no product certification for related equipment at all.
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