Zhipeng Han is a commercial litigator at Wuwei Zhongtian Law Firm specializing in product quality disputes and supply chain liability. With 8 years of practice, he represents both Chinese buyers and foreign suppliers in quality breach cases arising from manufacturing defects, substandard materials, and failure to meet contractual specifications.

Mr. Han graduated from Tsinghua University Law School and previously worked as legal counsel for a multinational manufacturing company based in Gansu Province. This in-house experience gives him a practical understanding of how quality assurance systems operate within production environments and where legal exposure arises.

⚖️ Product Quality Practice

• ⚖️ Product quality breach claims — defective goods, non-conforming shipments
• 🛡️ Supplier liability actions — recovery from upstream manufacturers
• 📜 Quality inspection disputes — AQSIQ and SAMR audit responses
• 💼 Contract quality terms — specification drafting, acceptance testing, remedies

Product Quality Law Framework

The Product Quality Law of the People's Republic of China establishes the fundamental framework for quality standards and liability. Article 26 requires that products meet the quality requirements stated in the product standard and be safe for their intended use. Products that fail to meet mandatory national standards (GB standards) are considered non-conforming and may not be sold in China.

Under Article 40 of the Product Quality Law, if a product does not meet quality requirements stated in the contract or product standard, the seller bears responsibility for repair, replacement, or return. If the seller compensates the buyer, the seller may then seek recovery from the manufacturer or upstream supplier. This chain of liability creates significant exposure for foreign companies exporting goods to China.

The General Principles of Civil Law Article 122 and the Civil Code Article 1203-1207 establish the framework for product liability claims. Notably, Chinese law applies a presumption of defect: if a product causes damage and the product is found to have quality issues, the burden shifts to the manufacturer to prove the product was not defective. This is a significant departure from the plaintiff-friendly position in many Western jurisdictions.

Dispute Resolution

Product quality disputes in China may be resolved through negotiation, administrative mediation by SAMR, arbitration, or litigation. The parties may agree on the testing laboratory to determine whether the product meets the required standards. If the parties cannot agree, the court or arbitration tribunal will appoint a qualified inspection body.

Time limits for product quality claims are governed by the Civil Code. Under Article 188, the general limitation period for civil claims is three years from the date the claimant knew or should have known of the damage. For product liability claims involving personal injury, Article 1207 preserves the right to claim for up to 10 years from the date the product was delivered to the first consumer.

Mr. Han advises foreign suppliers to include clear quality specifications, inspection procedures, and dispute resolution mechanisms in their contracts with Chinese buyers. Pre-shipment inspection by a mutually agreed third party can prevent quality disputes before they arise. Where disputes do occur, early legal involvement preserves evidence and positions the client for a favorable resolution.