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Many enterprises tend to focus on explicit contents including equipment parameters, quotation and delivery cycle when purchasing electric pallet trucks, while easily ignoring the detailed agreements of damage liability terms in purchase contracts. These vague contents often become the core inducement of disputes in the subsequent performance stage.
First, it is necessary to clearly define the time boundary for damage liability application throughout the whole delivery process. Normally, the link covers from the moment the finished electric pallet truck leaves the supplier’s production workshop to the moment the purchasing party completes the on-site acceptance check and signs for confirmation. The contract should explicitly specify that all equipment damage caused by improper loading, transportation accidents, and improper storage before the on-site signature confirmation shall be borne by the supplier. After the purchasing party signs for acceptance, the damage caused by improper operation in the process of moving the equipment on site shall be the responsibility of the purchasing party. Such clear time division can avoid vague attribution of liability for accidental damage in the handover link.
Second, the liability boundary for equipment damage within the quality guarantee period shall be clearly divided. The contract should distinguish the scope of inherent quality defects and man-made damage beyond normal operating specifications. The damage caused by non-human factors such as circuit system failure, hydraulic part leakage, and structural performance attenuation under normal use conditions shall be fully covered by the supplier’s free repair and replacement service. If the damage is caused by the purchasing party’s long-term overload operation, unauthorized modification of equipment circuits, or long-term use in unprotected corrosive or high-temperature environment, the corresponding maintenance cost shall be borne by the purchasing party independently. The relevant judgment criteria should be written into the contract in a clear and non-ambiguous manner, so as to avoid cognitive differences between the two parties after the damage event occurs.
Third, a clear dispute handling process for damage liability judgment should be added to the contract. If the two parties have different opinions on the attribution of damage responsibility, they can invite a neutral third-party testing institution recognized by both sides to carry out on-site appraisal, and the appraisal fee can be agreed in advance to be borne by the party that is judged to be responsible. Setting such a fair handling mechanism can avoid long-term mutual wrangling after disputes, and effectively protect the legitimate rights and interests of both parties.
Before the two parties formally sign the purchase contract, it is suggested that both parties conduct full communication on all details of the damage liability terms, modify the vague and unclear expression clauses, which can effectively reduce the probability of subsequent disputes, and lay a solid foundation for stable long-term cooperation.
