In today's headlines @headlines to help pick up the user Mr. Zhang reflected, he signed a contract with Junyi Fenghua Trading Co., Ltd., paid a deposit of 40,000 yuan to join the Buddha incense processing, the company provided the incense machine technician to install and debug to guide the production, in strict accordance with the formula ratio of the trial production samples sent back to the company, but always unqualified refusal to mass production.
"We got on board for two or three months, why is my production never qualified?" Mr. Zhang, a franchisee in Zibo, Shandong Province, felt that he was being rejected by the company to return 45,000 yuan, and had no choice but to seek media exposure.
>>> field trip to join
Technician installation and commissioning guidance Less than 1 hour to ask for 2,000 yuan for the road
On April 9, 52-year-old Mr. Zhang recalled that he had joined a company in Wuhan, Hubei Province to produce Buddha incense, and felt that he had been tricked.
"Before joining in November 2023, we also took a plane to their company in Dongxihu District to inspect, and the customer service flickered that how to produce the machine, and the company provided machine processing, and I wanted to pay a deposit of 40,000 yuan for the machine. ”
Mr. Zhang said that half a month later, the company mailed the incense machine, "After the machine was sent, the company said not to let us move, and when the company's technician went to unpack, we didn't move, and waited for the technician to come to install and debug the machine, and the formula ratio told me how to produce spices." It took him about ten minutes to debug the machine and put it into trial production, and the technical guidance from beginning to end was less than one hour. ”
Mr. Zhang told reporters that it was the technician he picked up at the train station, and after debugging the machine, the other party took a taxi to leave.
"The technician came from the sleeper, saying that he was sent by the company to guide the joining, and on the same day under his guidance, he also tried to produce samples, saying that it was okay to produce in this way. The technician told me how to produce and left, and asked me for 2,000 yuan when I left, and I said that it was only a few hundred yuan to take the high-speed rail from Wuhan, Hubei to Zibo, and the technician said that the company would return it to me. ”
>>> cannot be mass-produced
Trial production 8 times, pick the best sample and send it over, "no matter how you get it, it is unqualified"
Mr. Zhang thought about mass production, and didn't particularly care about the road expenses, "The company then sent five or six bags of raw materials, saying that this is a free trial production, if the product is not good, you can throw it away, it is to let us practice, when the production is qualified, and then approve our mass production." ”
Mr. Zhang didn't expect the trial production to be so unsmooth, "after we produced a batch of samples, I picked the best, better than the technician to guide the trial production, and sent it over, the company said for the first time that the tail was unqualified, I said let's do it again, and then did it 4 times in a row, all of which were to pick the best samples and send them over, and the company still said that they were unqualified." ”
Mr. Zhang was very puzzled, "This is the Buddha incense that is burned, either the color of the incense is not good, or there are cracks on the incense, or the incense is broken, I said that the machine is like that, either we are broken, or we find various reasons to say that it is not qualified." We are in accordance with the company's proportions and formulas, no worse than the mix of materials, how the company gets, we will do it, I negotiate with the company every time, before and after the production of 8 times, anyway, how to get unqualified. ”
Mr. Zhang wondered, "The formula ratio is guided by the company's technicians, we pick one by one, measure and pick with a ruler, and send it to the past is unqualified, so the company does not allow us to mass produce." The machine is not easy to use, it has been stuck, I mix production, they said that the production of 400 catties a day, according to the standard they said, it can't reach it at all, and it can't produce those things at all. ”
>>>指定不能干了
asked for a refund of 45,000 yuan, but the company said that it would only refund 8,000 yuan and then change it to 15,000
Mr. Zhang was anxious, "Seeing that the Chinese New Year is over, I see that this is not good, we have been on for nothing for two or three months, and their company says that our incense will never be qualified." I said that we have put the money in, the machines provided by your company, the raw materials you provide, and the processing of substitute materials, why are my production never qualified? ”
"The company offered to ask me to write a refund application, and the reason is actually very clear to the company, not that we don't do it, but that the company's machine is unqualified, and we can't do it. I think that no matter how much I produce, the production is exactly the same as the company, the company will still say that it is unqualified, and I don't need to continue to waste money, because every time I mail a sample, it will cost dozens of dollars. ”
Mr. Zhang calculated an account, "part of the cost of our investment has to be refunded, the technician's travel fee is 2,000 yuan, the machine mailing fee is 2,000 yuan, and we have also purchased some other production equipment, including the cost of our visit to Wuhan, a total of more than 50,000 yuan, I now ask the company to give me a refund of 45,000 yuan, I will pay for it." The manager of the company said that it was okay to return, but only 20% was refunded, that is, 8,000 yuan was refunded, and no more than 1 point was given, and as of today (April 9), 1 point was not refunded to me. ”
Helplessly, Mr. Zhang complained about his rights, "I called Wuhan 12345 to complain." On April 9, the Dongxihu District Market Supervision Bureau called me back, saying that I could refund 15,000 yuan after negotiating with their company, and also said that I would come to Hubei to negotiate in person, and if it didn't work, I would report or complain online. I'm going, it's a long way to go, and I don't have the time or energy. It is not easy for me to earn money, half of this money is borrowed, and now I don't earn a penny, and I have two or three months of salary and time. ”
"I contacted the manager of their company, Mr. Chen, who said that the acceptance was unqualified, and then I told him to ask for a refund, and he shouted and shouted at me. ”
Mr. Zhang provided the call record of the company's manager Chen and his communication, which made him more angry, "Their company said, 'If you take the money, we will also pay for the water and electricity bills, and the water and electricity bills can't be counted on my head, this is the company's machine, I paid the deposit, and I produced in our factory, what do you want for the water and electricity bills?'
>>>怀疑被套路
"The money will not be refunded on the grounds that the sample is unqualified, and the money will be charged to the machine"
Mr. Zhang provided screenshots of relevant documents to prove that it was not his family defending his rights, "As soon as I inquired, there were other franchisees who said that they were in a similar situation to me, the production model was all the same, and they could not be mass-produced after paying the money, and one of them was unqualified after 10 times of production, so I considered asking a lawyer to sue their company." ”
Mr. Zhang said frankly: "When their company does this, is it just playing a routine, aiming at our machine to bet money." Now if I don't do it, I'm in breach of contract, in fact, it's not that I don't do it, but that your machine can't produce qualified products, and I can't do this anymore. ”
The reporter saw that the contract signed by Mr. Zhang as Party B shows that Party A has the right to regularly supervise and inspect Party B's production in order to macro-control the market. Party B shall strictly and actively organize processing and production as required, otherwise Party A has the right to terminate the contract.
The contract stipulates that the finished product is fragrant and ignited, the rose red color is bright and pure, the fragrance is strong, the powder does not fall, the thickness and size are standardized, the overall smoothness is uniform, there is no special-shaped, the Buddha fragrance body is not damaged, there is no crack, the product is clean and tidy, there is no mildew impurities, and the product meets the agreed specifications and models.
The contract also stipulates that if one party breaches the contract, the other party has the right to terminate the contract, and the breaching party shall be responsible for compensating the other party for the economic losses caused thereby.
"Buddha incense processing, on the grounds that the sample is unqualified, do not give a refund, the machine is provided by them, they say that if it is unqualified, it will be unqualified, we have no choice. ”
Mr. Zhang said that the company's salesman used the guise of publicity in the early stage, "I said that since it is such a good project, then give me the phone number of other franchisees, and we will communicate, and they promised me at the time, but now they don't reply to me, and they don't tell me the phone numbers of other franchisees." ”
Talking about the final appeal, Mr. Zhang said: "I can only turn to the media to see if it can help us solve this matter." I hope to return my 45,000 yuan, and I will admit to the rest, and we will not slander anyone. ”
>>> City Intervention
The company involved: If you ask for a full refund, you will be considered a "statement" and go through legal procedures to settle it
On April 11, a reporter from Huashang Daily Gale News learned from the Market Supervision Bureau of Dongxihu District, Wuhan City, that according to the principle of territorial management, the Jinghe Supervision Office of the Bureau was responsible for following up on the matter. The reporter contacted the Jinghe Supervision Institute, and the staff said that the specific responsible colleague was temporarily inconvenient to contact for some reason.
The reporter contacted Junyi Fenghua Trading Co., Ltd. and learned that the company is still negotiating with Mr. Zhang.
"I'm the after-sales manager here, and I'm in charge of docking with him. A manager of the company replied to reporters that he could return 15,000 yuan to Mr. Zhang, "We negotiated with him before, but he did not accept it." ”
The after-sales manager confirmed that at present, the Dongxihu District Market Supervision and Administration Bureau is also mediating, "and he is now negotiating, depending on his situation." ”
The reporter asked whether Mr. Zhang's sample could not be mass-produced, and the after-sales manager quickly hung up the phone. The reporter hit again, and the after-sales manager said: "I don't know anything, I have nothing to say." He then hung up again.
The after-sales manager's call recording with Mr. Zhang shows that he said to Mr. Zhang: "If you insist on refunding the full amount, then we can only do the statement processing, and the case will be closed, just give this receipt to the industry and commerce (city supervisor), and we can only go through the legal process at that time. ”
In addition, the reporter contacted another manager of the company, who has not answered. According to the recording of the previous phone call between him and Mr. Zhang, the manager questioned Mr. Zhang and said, "If you sign a contract for production, the standards on my contract are clearly written, and you should follow the standards on my contract...... Then why do you want my technician to teach you, if these things don't need to be manually blended, such as material and proportioning, including these blending, debugging machines, is it all technical work?"
Huashang Daily Gale News reporter Li Hua edited by Dong Lin
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