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Lawyer Qiang Lyu explains civil fraud.

Supplier verification is particularly important for overseas buyers dealing with companies in Wuhan. Wuhan is a major industrial center with substantial automotive, machinery, electronics and equipment manufacturing activity. The buyer should distinguish the commercial location of a supplier from the legal identity of the entity that actually signed the contract and received the payment.

What is civil fraud? According to Article 148 of the Civil Code of the People’s Republic of China, If the defendant fabricates facts or intentionally conceals material facts, thereby causing losses to the plaintiff, the plaintiff may apply to an arbitration institution or a court for revocation within one year from the date the fraudulent act occurred.
If the defendant acted with the purpose of illegal possession from the very beginning, the conduct may constitute criminal fraud, in which case the plaintiff may report the case to the public security organ.
In addition, if the defendant is a business operator and the plaintiff is a consumer, the plaintiff may claim refund plus threefold compensation in accordance with the Consumer Rights and Interests Protection Law.
I am Qiang Lyu, a PRC lawyer. If you like my video, please remember to subscribe to my channel.

Checking a Wuhan Supplier Before a Dispute

The local market includes businesses active in automotive, machinery, electronics and industrial equipment. Depending on the transaction, relevant issues may include equipment quality disputes, delivery disputes, OEM disputes, warranty claims and payment disputes. For machinery, automotive, electronics and equipment transactions, buyers should pay particular attention to technical specifications, acceptance criteria, warranty terms, delivery milestones and the entity responsible for performance.

For a cross-border transaction, the buyer should keep the supplier’s Chinese legal name, registration information, contract, invoices, bank-payment records and communications together. Wuhan forms part of Hubei and its commercial network includes a diversified industrial base and extensive supply chains serving central China.

 

Evidence and Contract Review for Wuhan Transactions

If a dispute develops, evidence should be preserved before important communications or negotiations change the factual record. The relevant documents may include the contract, purchase orders, specifications, inspection records, invoices, payment records, shipping documents and correspondence.

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