Whether to return the payment machine

To spend money to buy things, there are quality problems, return money back is normal, but also to pay huge fees, it is estimated to make a lot of buyers can not accept. But in the purchase of excavator use there is such a case, the last who said that more rational, so that in this small series of secrecy first.

In March 2, 2013, Mr. Cheng bought a 790 thousand yuan excavator to a mechanical company by installment. The two sides agreed in the contract of sale, Mr. Cheng should pay the first payment before May 20, 2013, the balance of interest, as well as other deposit, management fees 728880 yuan, Mr. Cheng in July 20, 2013 to June 20, 2015 in 24 installments, the monthly payment 20 days ago. Mr. Cheng didn't pay the money on time due to the quality of excavator and so on after he paid the down payment. In January 20, 2014, he returned the excavator to the machinery company.

"The quality of the excavator is not good enough. Why do I have to pay the royalty if I return things?" Mr. Cheng couldn't understand that he had returned the excavator to the merchant by instalment, but he didn't expect to pay 170 thousand yuan of royalty.

I think the quality of the commodity has a problem, and he returned the goods, Mr. Cheng felt that it should be no problem. I did not expect that the merchant had to pay a high cost of using it. Businessmen think that the two sides wrote in the contract at that time, Mr. Chen paid 45 days overdue, the merchant has the right to recover the excavator, and Mr. Cheng also needs to pay the use fee.

The total price of the first month is 20%, second months, 10%, third months, 7%... In this way, 10 months, Mr. Cheng will pay about 600000 of the use fee, deducting the first payment of 150000 yuan, and Mr. Cheng will pay about 400000 yuan.

The public said that the public is reasonable, the grandmother is reasonable, in the end how to judge in the end, but the private estimate of the two sides can not solve the problem, see how the professional said.

In the case of Qiaokou District People's court judge Yang Li believes that according to relevant regulations, fees charged shall not exceed the cost of business and equipment using the same amount of compensation for damage, so the case use fee rental fee the same type excavator with reference to the market to count more appropriate. Mr. Chen uses the excavator for 10 months, and the rent of the same type excavator is 17000 yuan a month, and Mr. Chen should pay the fee of 170 thousand yuan for the merchant (including the first payment of 150 thousand yuan).

Whether it is perfect or not, things are finally solved, and there are losses to both sides. Xiaobian personally believes that the quality of the business can not guarantee the quality of the product, which is the biggest irresponsibility of the user. Not only can the merchandise be sold, even if the task is completed, regardless of the product's after sale problem. As a buyer, Mr. Cheng didn't use reasonable way to communicate with merchants when he had quality problems, but he refused to pay the loan. This behavior is not advisable.