Jiangxi Province, purchased a batch of concrete through a subcontractor in May this year, and the equipment was crushed as soon as it was solidified. After testing, the compressive strength of concrete is only one tenth of the nominal. Is there any quality problem with such concrete? Mr.
Ding told the reporter of City Scene that some time ago, he undertook the installation of equipment in a printing factory. But when the staff began to install the large printing press according to the specifications, they found that the concrete on the ground was not right. Mr. Ding,
the construction party: The printing press has more than 30 tons. When you go up, the ground is all peeling. It's all crushed concrete. In mid-
May, the subcontractor of Mr. Ding's company purchased more than 200 cubic meters of C30 grade concrete from a nearby mixing station set up by Jiangxi Construction Road and Bridge Engineering Co., Ltd. In theory, the compressive strength of this grade of concrete should exceed 30 MPa. Based on Mr. Ding's experience, it is impossible for real C30 concrete to be so fragile. To this end, he contacted Zhengzhou Metal Products Research Institute Co., Ltd. of Sinosteel Group in Zhengzhou, Henan Province, and asked the staff to come to the scene for sampling and testing.
Construction side Mr. Ding: The result is not qualified. The original C30 concrete is actually only about C2.6 and C3.5, most of which are less than one tenth of the nominal grade. Mr.
Ding said that it cost about 100000 yuan to buy concrete. However, because of the delay in the construction period of the printing plant and the need to re-lay the base, the loss is far greater than this figure. Mr. Ding,
the construction party: We have lost more than 1 million yuan. It is more difficult to add steel bars, labor, haulage and rework in the concrete than before. Our equipment has also been hoisted and installed. After
getting the report, Mr. Ding found the mixing station that supplied the goods at that time, but found that the mixing station had been removed. On June 27, Mr. Ding took the reporter of City Scene to Qingshanhu Branch of Jiangxi Construction Road and Bridge Engineering Co., Ltd., which was responsible for the actual operation of the mixing station. When the reporter arrived, the relevant person in charge of the company was not at the scene.
Reporter: Is the goods shipped by your company? Mr. Long, the person in charge of Qingshan Lake Branch of
Jiangxi Construction Engineering Road and Bridge Engineering Co., Ltd.: Not our company. The site of the mixing station was changed. We were supposed to sell waste products, and the stones were all pulled away. He (the subcontractor) asked for the goods himself, and he was willing to take them. It's cheap. It's the cost price. I also said that if you feel the quality is good, you can use it. If it's not good, you don't use it. We don't participate in quality problems.
Reporter: How can this kind of goods still give a bill of lading? Mr. Long, the person in charge of Qingshanhu Branch of
Jiangxi Construction Engineering Road and Bridge Engineering Co., Ltd.: The list can definitely be typed, but we don't have an official seal. What's the use of having a list?
The reporter also sought confirmation from Mr. Ding. He said that the industry is based on the invoice, in general, without official seal. As for the statement that the buyer, that is, the subcontractor, was aware of the quality of the product, which was reflected by the mixing station, Mr. Ding said he did not know. So the company that the mixing station belongs to claims that the concrete sold is only the tail goods, and the company's official seal is not stamped on the invoice, will this affect the identification of the transaction relationship?
Lawyer Zhang Chuxin: The buyer and seller have not signed a formal written contract, but as the supplier, they have provided the corresponding products, and as the demander, they have paid the corresponding price according to the products, that is to say, the two parties have completed the transaction.
Lawyers said that in the process of concrete production, pouring and later maintenance, quality problems may be caused by improper raw materials, production technology and operation rules. Once the concrete is solidified into a structure, the responsibility of the problem will be difficult to judge. Therefore, in the national mandatory standards for concrete, the links of supplier's factory inspection and demander's delivery inspection are added.
Lawyer Zhang Chuxin: In this case, both parties have not fulfilled such obligations, so they should bear the corresponding burden of proof. The construction party shall prove that its operation specifications during construction and curing are correct; as a concrete supplier, it shall also prove that the goods submitted by it are free of product quality problems.
According to the lawyer, if the supplier had done the factory inspection of concrete at that time, and the construction party had done the delivery inspection after getting the concrete, the division of responsibility would become clearer in the whole dispute.
浙公网安备33010802003254号