Company A signed a "Purchase and Sales Contract" with Company B and purchased 15 rapier looms from B. A paid the full payment, and Company B also delivered the equipment and carried out installation and commissioning. Later, Company A proposed that the speed of the loom involved in the case did not meet the standard agreed upon in the contract, and the shaft head often broke. The space for the drop of fly flakes was narrow, resulting in a large amount of cotton wadding fly residue in the fabric produced. Company A sued to terminate the Purchase and Sales Contract on the grounds that the loom involved in the case had product quality problems and could not achieve the purpose of the contract.
was entrusted by the court to conduct an appraisal and analysis on "whether there are quality problems" with the rapier loom involved in the case.
appraisal analysis results: The
appraisal analysis expert group discussed and comprehensively quality-technically analyzed the relevant information and on-site investigation of the rapier loom involved in the case, and made the following suggestions and conclusions: The mechanical operating efficiency, temperature rise, and transmission system of the loom involved in the
case all comply with the FZ94004-2009 "Flexible Rapier Loom" standard agreed upon in the contract between the two parties; the entire
machine Although the service life of wearing parts and accessories is less than 3 months, it is abnormal damage caused by improper use; in addition to mechanical design factors, the reason why
causes flying flowers to be woven into the cloth surface is also affected by the workshop environment, yarn quality, and cleaning work conditions; the identification items of the looms involved in the
case were all qualified in the empty running test. In the load test, only the cloth produced by one loom was second-class, and the rest were first-class or first-class.
Therefore, although some parts of the loom involved in the case were damaged during the production process, they were caused by improper use. Although the structural design of the loom involved in the case reduced the space for flying flowers to fall, it was not the only reason for the flying flowers to be woven into the cloth, nor did it cause the output cloth to be unqualified. The loom involved in the case only had quality defects, which did not reach a level that would affect the purpose of the contract.