Who should pay for such farm feed

Introduction: editor's note: Wang Xuegang, who has been engaged in feed business for six years, is particularly upset recently Last year, in order to increase the sales of some products, Wang Xuegang sold the "XX pig stimulating essence" produced by Chongqing XX Feed Co., Ltd on credit With years of credibility, business is booming even though it's a new product But to Wang's surprise, before he had time to collect money from the farmers, the farmers had come to ask for compensation One wave is not flat, another is rising At this time, XX feed company sued Wang Xuegang for failing to collect payment for goods for many times Although Wang Xuegang provided proof that there was a problem with the quality of the feed, he lost the case in black and white Wang Xuegang, who is not convinced, said that he would appeal against smashing pots and selling iron In this issue, we tell this story in the hope that we can give a wake-up call to the majority of business owners Shopping malls are like battlefields They are in danger If they fail, they will lose Imagine if Wang Xuegang inspected the product before signing the credit sales contract, or supplemented a corresponding clause if there is a problem with the feed quality when signing the contract, or complained to the relevant departments when he found the problem with the feed quality So maybe he won't be in so much trouble today Wen / Sichuan news network reporter anonymous "I want to talk!" In the court, the excited Wang Xuegang interrupted the defense lawyer's words several times, "it's absolutely the feed problem Isn't the test report proving everything?" On the morning of September 1, Wang Xuegang, sitting at the plaintiff's seat of Chengdu Intermediate People's court, was on pins and needles For this lawsuit, he has been engaged in pig feed business for six years in Shouan Town, Pujiang County, Chengdu City During this period, he didn't get a good sleep, and he is running for his lawsuit every day Due to the quality problems of the feed sold by Chongqing XX Feed Co., Ltd., not only did Wang Xuegang not get the feed money he deserved, but also his reputation fell sharply in the local area What shocked Wang Xuegang even more was that he lost the first instance of the lawsuit with Chongqing XX Feed Co., Ltd In a rage, Wang Xuegang appealed to Chengdu Intermediate People's court for rejecting the first trial decision and supporting his claim for 94819 yuan from Chongqing XX Feed Co., Ltd On the morning of September 1, Chengdu Intermediate People's court formally opened a court session to hear the case "I will fight the case to the end even if I lose my money! XX feed company will not only compensate for my loss, but also restore my reputation " On the forenoon of September 1st, Wang Xuegang refused to accept the final mediation of the court After two hours of trial, the court announced that it would choose a day for sentencing One morning in June 2003, a feed propaganda vehicle of Chongqing XX Feed Co., Ltd entered Shouan Town, Pujiang County, Chengdu The sales staff of XX company found Wang Xuegang, who was engaged in pig feed processing and sales business in the town, and asked Wang to sell the feed produced by XX factory According to the salesperson, the new variety XX pig spermine growth pig composite premix (hereinafter referred to as XX pig spermine) is a "new feed containing a lot of vitamins and other additives", which is widely praised in the province After listening to the introduction of the sales staff, Wang Xuegang, who has been in the feed business for six years, was moved He decided to give it a try According to the oral agreement of both parties, after the manufacturer sends the goods, Wang Xuegang adopts the way of credit sale and pays gradually according to the sales situation Soon, the first batch of products arrived in Shouan town Wang Xuegang mixed "XX pig prodigy" with grain according to the procedure and formulated XX feed, which was recommended to several old customers A month later, Huang Guiying, a farmer, suddenly came to the door and said that there was a problem with XX feed "My pig would not eat feed at all The smaller the pig is, the smaller it is." "Is the pig ill?" Wang Xuegang, who had been a vet for several years, rushed to Huang Guiying's house and found that the pig was indeed in an unhealthy condition, but there were no other symptoms Soon, as one farmer after another came to reflect the problem of "pigs don't eat materials", Wang Xuegang began to have doubts "Is there really a problem with XX pig prodigy?" Wang Xuegang began to doubt the quality of feed Immediately, Wang Xuegang called XX feed company in Chongqing After hearing the news, Jiang XX, general manager of XX feed company, led the senior management of the company to Shouan town In addition to patting his chest to ensure that the "feed absolutely meets the production standards", Jiang came to Wang ya'e's home for "on-site guidance" "That general manager knows nothing!" Recalling the scene at that time, Wang ya'e told reporters about a dramatic scene, "I told him that pigs don't eat feed, but also arch all over the circle That Jiang always said unexpectedly, when feed pig, want to knock basin, the louder the better When the pig hears the sound, it will come to eat " Wang ya'e said that the pigs he raised for many years have never heard of using this method to remind pigs to eat feed After Jiang left, "Wang Xuegang's feed has problems" began to spread among farmers, and some old customers who have cooperated for many years left one after another Among them, Wang ya'e, a big customer with hundreds of pigs, only feeds "new feed" for more than 20 days, and then returns the rest of the feed to Wang Xuegang What's more, in September 2003, Lei Ping, a farmer who also used "new feed", killed three pigs Although the cause of death could not be found out, Lei Ping believed that it was "crooked feed" that was troubling Wang Xuegang for a time, and the two sides even had a fierce dispute over it Feed problem made his debt ridden business worse and worse, and more and more farmers suspected feed problem Wang Xuegang, who has always been upright, feels that he can no longer bear the villagers' speculation and white eyes In December 2003, he made up his mind to find out whether he was innocent or not So he took a package of "XX pig prodigy" secretly to Pujiang County Quality and Technical Supervision Bureau for technical inspection "No matter how expensive it is!" Wang Xuegang believes that the test results will be clear Looking at his firm attitude, the staff of the Technical Supervision Bureau of the county specially sent the samples to Sichuan feed work terminal in Chengdu for entrusted inspection Results: the test report showed that the content of arsenic and zinc was 97.5 mg and 3200 mg respectively As arsenic is an important element in the production of highly toxic arsenic, zinc is a beneficial element for human body According to this, the staff of the technical supervision bureau clearly told Wang Xuegang that the "toxic and harmful substance arsenic in XX pig producin is seriously over the standard, and the beneficial substance zinc is not up to the standard, which is not a qualified product." Holding the test report in his hand, Wang Xuegang almost collapsed to the ground "I couldn't eat or sleep in those days, and I wanted to explain to those farmers all day." For fear of farmers' claims, Wang Xuegang was afraid to tell the villagers the inspection results He secretly removed "XX pig prod" from his ingredients, replaced it with other brands of pig prod, and retail it in the shop Despite the great loss, Wang Xuegang still hopes to start the business again as soon as possible But it's not that simple Because Wang Xuegang has been selling on credit to old customers, the feed processed with "XX pig essence" will not be paid until the farmers earn money from selling pigs But now the farmers who use the "new feed" are losing money In addition, the saying that "there is a problem with the feed" is widely spread among the villagers As a result, no one is willing to pay the feed money owed On the other hand, XX company, which provides the problem feed, constantly urges the feed fund project On February 15, 2004, when XX feed company came to Wang Xuegang's door to ask for payment, Wang Xuegang finally put forward that XX feed was unqualified and asked the other party to show the inspection report As a result, the company just shook the copy of the business license in front of his eyes, and quickly took it back At the request of the Dunning party, Wang Xuegang, who wanted to "procrastinate as soon as possible", made a note to the other party, which said: the feed money owed is 13180 yuan, which will be paid off in three times March 5, the first payment date agreed in advance Wang Xuegang, who couldn't get money from the farmers, finally turned against XX feed company: "you sold crooked feed and dare to ask me for money? No way! " On March 10, 2004, Chongqing XX feed company, which was supposed to win the case, unexpectedly lost the case Wang Xuegang was sued by a lawsuit of Chongqing XX feed company, which sold the problem feed, to the county people's court and demanded that Wang Xuegang immediately pay 7125 yuan of the due payment and interest according to the contract In response, Wang Xuegang was not willing to show weakness and filed a counterclaim to the court on March 15 XX company is required to compensate the economic loss of 94819 yuan and bear all the litigation costs of the case Because the case involves feed quality issues, after Wang Xuegang's application and the court's authorization, "XX pig producin" was sent to the feed supervision, inspection and Testing Center (Chengdu) of the Ministry of agriculture recognized by both the plaintiff and the defendant for inspection again Results: according to the results of the second inspection, the harmful substance arsenic content of "XX Zhujing" exceeded 4 times, and the beneficial substance zinc content was less than half of the standard, so it was unqualified This time, Wang Xuegang did not hide the news that the feed was unqualified He took the initiative to report the situation to seven farmers who had used "XX feed" and signed a debt relief contract with each other Lei Ping, who died three pigs, refused to sign the contract on the grounds that he would continue to claim for damages Wang Xuegang said that after getting the compensation from the manufacturer, everything is easy to discuss "At that time, I was confident of winning the case." Wang Xuegang told reporters that even children of several years old at home know that since the feed factory sells problematic feed, of course, they should not be given money However, it was the case that Wang Xuegang had high expectations that he lost On June 17, the people's Court of the county held a joint hearing on the contract dispute case and the counterclaim compensation case When it comes to the court trial, Wang Xuegang "feels very good" and "since it has been proved that it is fake feed, I am certainly relieved How much is the amount of compensation the court has the final say, at least XX company there will not be reminders? " But just when Wang Xuegang thought the lawsuit was a safe win, the verdict came down and Wang Xuegang lost Looking at the result of the judgment, Wang Xuegang felt like a bolt from the blue He repeatedly read the judgment of several hundred words, but still couldn't believe his eyes On July 19, 2004, the judgment issued by the county people's court was as follows: Wang Xuegang was limited to pay 7125 yuan of feed money and interest of XX company after the judgment took effect, and Wang Xuegang paid 456 yuan of contract dispute case acceptance fee and litigation fee; Wang Xuegang's counterclaim request was rejected, and Wang Xuegang was required to pay 5000 yuan of counterclaim case acceptance fee and litigation fee, and XX company paid 690 yuan of appraisal fee In an interview with Sichuan news.com, the court said that Wang Xuegang failed to perform the obligation of inspection and acceptance of goods purchased in time during the contract sales period, and after learning the inspection conclusion of unqualified products in 2003, he still settled with XX company on February 15, 2004, and issued an IOU This means that he has recognized the products of the other party, and the relationship between the two parties has been transformed from creditor's rights and debts to sales contract, so Wang Xuegang has the responsibility to pay off the debts and compensate for the interest of delayed payment Wave in the local farmers concussion, "these days I lost ten jin, do not believe that we immediately said." On July 29, 10 days after receiving the verdict, Wang Xuegang was deeply moved by the interview with reporters from Sichuan news network "