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1. The Defendant’s 402,397.67 US dollars and 6% per annum from February 20, 2014 to December 22, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On January 23, 2013, the Plaintiff issued a purchase order to the Defendant, such as SA213 T-5 (hereinafter “instant Pib”), and the Defendant supplied the instant Pib to the Plaintiff.
The guarantee clause of the purchase agreement provides that “the seller shall bear all costs and risks related to the recovery and re-supply of the defective product, including the cost of recovery, removal or decomposition of the defective product and the cost of replacement or re-installation of the repaired product, if there is a notification that the product is defective or not consistent with the specifications stated in the purchase order. In the event of a defect, the seller shall, at his own expense, deliver part of the repaired product or the product at the buyer’s warehouse or at another designated recovery place and at the same place. If it is necessary to provide the seller with part of the product or the product for repair or replacement, the seller shall be liable for all costs and risks related to the recovery and re-supply of the defective product. The seller shall deliver part of the repaired product or the product at his own expense under the conditions acceptable by the buyer.”
B. However, following the delivery of the instant tubes, the Plaintiff discovered the fact that the said tubes do not conform to the material specifications required by the Plaintiff, and thus, should be replaced with new tubes.
C. On September 25, 2013, the Plaintiff and the Defendant agreed with both parties to the effect that “the instant tubes do not conform to the Plaintiff’s required level of intent, and accordingly, the Defendant is responsible for all of the replacement costs, transportation costs, customs clearance costs, and other related expenses of the said tubes (hereinafter “instant agreement”), and drafted the same agreement.
Expenses incurred by the Plaintiff in relation to the replacement of the instant tubes shall be the sum of US dollars 402,397.