Quality Defects and Non-Conforming Goods from China: A Buyer's Legal Guide

Last updated: 2026-06-15

Defective or non-conforming goods delivered by a Chinese supplier can cause serious loss. Your legal position depends on the contract, the applicable law, and — critically — whether you acted in time.

First steps when goods are non-conforming

Do not delay. As soon as you discover a defect:

• Stop any acceptance or payment that could be construed as acceptance.
• Notify the supplier in writing of the specific defects and your intention.
• Document the condition of the goods immediately.
• Check the contract for inspection, acceptance and notice periods.

Under Chinese law and many international conventions, you have only a limited time to raise quality objections. Failing to object within the contractual or statutory period can bar your claim.

Inspection and evidence

Independent inspection is usually essential. Arrange for a recognised inspection agency to examine the goods and produce a report. Keep the goods available, if feasible, so they can be inspected. Photographs, videos, test reports and correspondence all form part of the evidence.

Your legal remedies

Depending on the severity of the defect, you may be entitled to:

• Reject the goods and require refund of the price, where the breach is fundamental.
• Require repair or replacement of the defective goods.
• Claim price reduction for goods that are not fully conforming.
• Claim damages for losses caused by the defect, including consequential losses.

A fundamental breach allows you to reject the contract entirely; a minor breach generally only permits repair or price reduction.

Reducing future exposure

• Include clear technical specifications and acceptance criteria in the contract.
• Specify inspection before shipment and require inspection certificates.
• Protect payment with letters of credit or staged payments tied to milestones.
• Include a clear dispute-resolution clause (ideally arbitration) and a governing-law clause.

Need to act on a quality dispute?

If you are facing a quality issue with Chinese goods, time is of the essence. Email me to assess your rights and the best course of action.