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by wisty
5098 days ago
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In the US, you have more legal options. IIRC (and I'm not a lawyer), in China you are unlikely to be able to sue for more than what you paid. Chinese law can seem a lot more laisse faire compared to US law, unless they think you are in debt (and then you get imprisoned). Actually, it's not always laisse faire, it just looks that way because some things aren't enforced, and other things are - it's different, and your supplier knows the law better than you. From reading http://www.chinalawblog.com/, it seems one solution is to include an arbitration clause. You can take them to arbitration in the US, using US law, and get the decision enforced by arbitration treaties. But you'd want legal advice for this - if you mess up, the you can end up in a no-man's land where the Chinese courts refuse to see you (because you've specified a foreign legal jurisdiction), and refuse to enforce a foreign ruling because it's not in their jurisdiction. Also, you want some things in Chinese. If anything gets used in a Chinese court, it gets translated to Chinese. If the other party manages to influence the official translation (or the official translation is just wrong), it's not going to be fun trying to change the courts mind. Whatever the case, working with a Chinese supplier requires a good OEM agreement, written with the advice of a lawyer who knows the ins and outs of Chinese OEM agreements. It's not easy, but it's better than your supplier seeing you as an easy mark. |
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