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Bad experience with Qingdao Top Oriental Import And Export Co., Ltd.

Discussion in 'Bad Supplier Experiences' started by Giubor, May 4, 2020.

  1. Giubor

    Giubor

    Joined:
    May 4, 2020
    Messages:
    2
    I am a Manager of a Company based in Italy and have been importing goods from China for more than twenty years.

    With this email I want to report a sort of scam that I just suffered from a Chinese company.

    The company is a manufacturer of glass containers and candles.
    The name is

    Qingdao Top Oriental Import And Export Co., Ltd.
    ******************

    The Manager I corresponded with is
    Mr. Ford Lee

    I had known this company a few years ago through the trade fairs in Guangzhou and Honk Kong but until now I had never bought from them.

    In this case I contacted them because I was interested in buying glass jars printed with a logo.

    Their offer was similar to that of other manufacturers and I chose them because they could produce the printed sample in a short time and had very short mass-production times.

    --- Despite the fact that the COVID-19 virus slowed down production in China, the company confirmed that the epidemic had not caused many problems in their area (Qingdao) and that production was fast as they already had a lot of that jars in stock and that they would only have to print it, so the goods would be ready in 10 days. ---

    The samples arrived to me with some defects in the printing but, the following week, they sent me a sample with the correct printing.
    --- For all samples we paid USD 250,00 (refundable if order) and all freight charges ---

    Since the sample was fine I confirmed the order and they sent me a signed pro-forma invoice confirming the mass-production in 10 days from the receipt of the deposit.

    On February 12th I paid the 50% deposit (USD 4,002.00).
    --- Since there are customized items, the company wanted at least half of the amount as deposit. ---

    On February 20, Mr. Ford confirmed that he had received the amount, but the following days he no longer answered my emails and phone calls regularly.

    Since I did not receive answers, I tried to contact him helping with my friends in China; in the first phone call he gave them vague answers saying that he could not produce immediately because I had asked him for production photos (*) and that he would have told us one precise date in the following days.

    --- (*) we always ask for production photos to check if mass-production has started.
    Mr. Ford, in some emails claims that this request is the cause of the lack of production...incredible! ---

    Later he no longer answered my friends calls and only sent me emails in which he blamed me for the delay and asked for time to reorganize the production, but he never told me about the indicative dates.

    When a month is passed without replies about delivery date, my customer is no longer interested in the goods and I was forced to cancel the order but Mr. Ford does not return the deposit to me as he claims that had expenses.

    In conclusion I do not know if Mr. Ford is defrauding customers or if he has really had production problems that he has not been able to manage, but he should have refund us the deposit payment if he had been a honest businessman.

    I am available for any clarification, other information or produce any useful document to demonstrate what I write.
    China Law & Business likes this.
  2. China Law & Business

    China Law & Business

    Joined:
    Jun 4, 2020
    Messages:
    6
    Hi,Giubor

    Maybe I can offer this help. I have dealt with many trade disputes like this in China. Based on this, I established a law firm in Shanghai, dedicating to offer help for foreigners who do business with Chinese suppliers.

    Based on your description, the deposit in China contract law means “定金”. Specifically, if the seller breaches the contract, buyer can claim two double of deposit. That means the seller needs to pay you $8004.

    Usually, we will help contact the Chinese factories and negotiate with them in the name of lawyer. In most cases, an agreement can be reached.

    We will not charge too much as other law firms in Shanghai especially when your loss is not too much. We just want to help you solve your problems as much as we can and at a reasonable price.

    Maybe we can try to talk about this and see if we can find out the best solution to solve this problem.

    Best,
    Jack
  3. Giubor

    Giubor

    Joined:
    May 4, 2020
    Messages:
    2
    Dear Jack,

    with reference to your message, I confirm that we have already consulted law firms but the cost for a court case is too high and they asked us for money in advance without guaranteeing any success.

    We may be interested in your services to recover the amount and we will agree that your compensation is a percentage of the sum recovered.

    Awaiting your comments
    Best Regards
    Giubor
  4. China Law & Business

    China Law & Business

    Joined:
    Jun 4, 2020
    Messages:
    6
    Dear Giubor,

    I think the law firm you have consulted in China is right. In China all of the law firms will request clients to pay legal fees in advance and cannot guarantee the results of the case.

    But the law firm I started two years ago is a bit different from this. We try to solve disputes before litigation but in the name of law.

    *Mod edit: Advertising membership required*

    Best,
    Jack
    Last edited by a moderator: Jun 5, 2020
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