Defect

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📖 Detailed Explanation

In foreign trade, a defect refers to an imperfection in goods or products that does not conform to contract specifications or industry standards in terms of quality, specifications, performance, appearance, etc. It is commonly encountered in scenarios such as quality inspection, claims, and returns. When using this term, note: 1) The criteria for determining a defect should be clearly specified in the contract, such as sale by sample, sale by specification, or based on international standards; 2) The buyer must raise objections within the agreed inspection period, otherwise the right to claim may be lost; 3) Defect and 'flaw' are slightly different—a defect usually refers to a serious or fundamental quality problem that may lead to contract termination, while a flaw may only affect partial use; 4) Unlike 'non-conforming product,' a defect emphasizes an inherent imperfection of the product itself, rather than a mere inspection result. Foreign trade practitioners should detail the definition of defect, inspection methods, liability attribution, and remedial measures in the contract to avoid disputes.

📝 Examples

1. The buyer discovered obvious defects in the goods within 30 days after receipt, such as cracked welds, and accordingly filed a claim with the seller under the contract terms. (Note: Used in a claim scenario, emphasizing the specific manifestation of the defect and the time limit requirement.) 2. The seller agreed to replace the defective batch of products free of charge and bear the related transportation costs. (Note: Used in an after-sales handling scenario, demonstrating remedial measures caused by defects.)

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