Disputes over Sale Contract between an Electronic Technology Co., Ltd. and a Technology Co., Ltd
[Key words]Civil/Sales Contract/Payment
[Referee Points]
After the establishment and entry into force of the sales contract according to law, one party shall deliver the goods in accordance with the agreement, and the other party shall pay the goods in accordance with the agreement, otherwise it shall bear the corresponding liability for breach of contract.
[Relevant laws]
Article 60 of the Contract Law of the People's Republic of China
Article 109 of the Contract Law of the People's Republic of China
[Basic Case]
From September 12, 2014 to December 11, 2014, the plaintiff, Shanghai Electronic Technology Co., Ltd. (hereinafter referred to as "Electronic Company"), delivered to the defendant products such as welding GPS antenna fixtures according to the order requirements of the defendant's technology co., Ltd. (hereinafter referred to as "Technological Company"). The total amount of the goods amounted to 39,471.99 yuan, and the agreed payment method was telegraphic transfer. 90 days.
The plaintiff delivered the goods to the defendant according to the contract. The payment period had expired, but the defendant had not paid any money.
[Judgment Result]
Within 10 days from the date of entry into force of this judgment, the defendant technology company paid 39,471.99 yuan to the plaintiff electronics company.
[Reasons for Judgment]
The contract of sale between the plaintiff and the defendant is legal and valid. The plaintiff provides the goods to the defendant according to the contract. The defendant confirms the receipt of the goods and shall settle the payment with the plaintiff in time.
The term of cash payment has expired, but the defendant has not paid any money, which is obviously improper performance.