深圳涉外、涉港澳台律师 电话：13168766538

Lawyer's Letter

（2016）世纪华人律字第             号

Sar*** international Inc:

Mr. Robin Jera***,

Upon the entrustment of SHENZHEN OP** TECHNOLOGY CO., LTD, Guangdong Century Chinese Law Firm sends the lawyer's letter to your company on matters that your company defaults on the payment for goods to SHENZHENOP** TECHNOLOGY CO., LTD and fails to take products ordered from SHENZHEN OP** TECHNOLOGY CO., LTD as agreed by the order according to the regulations of Chinese laws.

I. Related facts reflected by SHENZHEN OP** TECHNOLOGY CO., LTD .

You company sent the order PA18-3861 to SHENZHEN OP** TECHNOLOGY CO., LTD on August 26, 2014, with ordered product of mini battery and number of 19,004, USD 272,277.34 in total. 

So far, your company has taken delivery of goods the product 5172PCS, but failed to make the payment for goods to SHENZHEN OP** TECHNOLOGY CO., LTD, with amount of USD 42,073.24. And your company placed an order in SHENZHEN OP** TECHNOLOGY CO., LTD, but failed to take delivery of goods as agreed by the order, so that the number of all materials in stock which were ordered but failed to be taken by your company is 13,832 sets, with value of USD 109,772.00. SHENZHEN OP** TECHNOLOGY CO., LTD has requested your company to make the payment for goods repeatedly and take delivery of all ordered products, and negotiate about the relevant matters, but your company has been keeping silent.

II. Relevant legal regulations

Contract Law of the People's Republic of China

Article 60 Each party shall fully perform its own obligations as agreed upon.

Article 107 If a party fails to perform its obligations under a contract, or its performance fails to satisfy the terms of the contract, it shall bear the liabilities for breach of contract such as to continue to perform its obligations, to take remedial measures, or to compensate for losses.

Article 108 Where one party express explicitly or indicates by its conduct that it will not perform its obligations under a contract, the other party may demand it to bear the liability for the breach of contract before the expiry of the performance period.

Article109 Article 109 If a party fails to pay the price or remuneration, the other party may request it to make the payment.

Article112 Where a party fails to perform its obligations under the contract or its performance fails to conform to the agreement, and the other party still suffers from other damages after the performance of the obligations or adoption of remedial measures, such party shall compensate the other party for such damages

III. Lawyer's conclusion

Seeing from the instrument of evidence submitted by SHENZHEN OP** TECHNOLOGY CO., LTD, the situation reflected by SHENZHEN OP** TECHNOLOGY CO., LTD shall be true upon the evidence. Your company and SHENZHEN OP** TECHNOLOGY CO., LTD have formed the legal relationship of processing contract, and the transaction between both parties shall be legal and effective and protected by Chinese law. Your company defaults on USD 42,073.24 of payment of goods to SHENZHEN OP** TECHNOLOGY CO., LTD. Your company has placed the order but failed to take delivery of goods as agreed by the order, so that the number of all materials in stock which were ordered by your company is 13,832 sets, with value of USD 109,772.00. With the irrefutable and sufficient evidence, your company shall make the payment for goods and take delivery of the products ordered by your company as agreed, and shall pay the extended warehousing fee.

Now, the lawyer hereby solemnly inform your company of paying USD 151,845.24 to SHENZHEN OP** TECHNOLOGY CO., LTD and taking delivery of 13,832 sets of product material ordered but not taken delivery by your company within 10 days upon the receipt of this letter, and paying  the extended warehousing fee RMB 4660.00.

If your company fails to make the payment for goods and take delivery of all ordered products within the above deadline, and fails to negotiate with SHENZHEN OP** TECHNOLOGY CO., LTD about making the payment for goods and taking delivery of all ordered products,SHENZHEN OP** TECHNOLOGY CO., LTD will sell all products and materials in stock ordered but not taken delivery by your company after 10 days of your company receiving this lawyer's letter, the all resulting economic losses shall be borne by your company. The lawyer will file a lawsuit upon the authorization of SHENZHEN OP** TECHNOLOGY CO., LTD. At that time, your company shall not only make the payment for goods to SHENZHEN OP** TECHNOLOGY CO., LTD, but also bear all economic losses, legal cost, execution fee, lawyer fee, legal expense, legal fees, liquidated damages for overdue payment and others brought to SHENZHEN OP** TECHNOLOGY CO., LTD due to your nonperformance.

Please give prudent treatment for avoid lawsuit burden. Any rights and interests of SHENZHEN OP** TECHNOLOGY CO., LTD will not be weakened due to this lawyer's letter.                 

Guangdong Century Chinese Law Office

                           Lawyer:

                           20/06/2016 

Lawyer Li:    

Fax: 0755-82221477

E-mail: lkhlawyer@aliyun.com