"If you think that B&Q is a big international brand, it is a luxury to expect it to be honest. If you have dealt with B&Q, you will understand what it means to be shameless." - Wu Baiqian "Because the first trial of the case is under trial, it is inconvenient to comment." - B&Q On the side of Shanghai Pudong, Shanghai, there is an inconspicuous white building. There were weeds growing around the building. Apart from the small trucks that occasionally entered and exited, there was almost no figure, and it seemed quite desolate. In the general manager's office on the second floor, a dilapidated sofa was placed opposite Wu Baiqian, general manager of Shanghai Pacific Kitchen Equipment Co., Ltd. ("Pacific Kitchen"). The sofa was too worn out and could not cover the exposed sponge. Wu Baiqian poured a glass of water for the reporter, and then put a cigarette, in the "smog lingering", gradually recalled the "degenerate" to today's hard process. "Although my house is very old now, the factory seems to be going to be closed down, but the result is already good." Wu Baiqian smiled. "Fortunately, I am quick to collect, or even this factory has no According to Wu Baiqian, he now covers an area of â€‹â€‹about 50 acres, which is a huge wealth in Shanghai, a city with scarce land. Wu Baiqian is considering the transformation and renting the factory. "Lucky to close the hand" "I have seen rogues, but I have never seen such a rogue." Wu Baiqian smiled. Probably because of anger and blood, Wu Baiqian's face instantly became a little blush, and began to talk about the right and wrong between B & A. "As early as 2002, when B&Q entered China, I worked with them. At that time I The Pacific Kitchen hood produced by the company is also considered a famous brand in China, and its brand is louder than many well-known hoods. I thought that with the channel of B&Q, I would quickly expand the national market.â€ At this point, Wu Baiqianâ€™s face The result is completely opposite. The result is contrary to the original idea. The Pacific kitchen hood not only did not borrow the east wind of B&Q, but fell into its trap of â€œcareful settingâ€ and gradually entered the path of decline. "Every time they open a store, we have to provide a prototype, a large backlog of funds, and more deductions, a variety of promotional fees, entry fees, store celebrations, such as a lot of money, so the product profit is very thin, plus the payment The cycle is long, and finally the capital chain is very tight. It can be said that the larger the scale, the higher the cost. Since becoming the supplier of B&Q, we have supported it all the year round, but B&Q has long defaulted on the invoiced goods, and a large number of unfounded detained loans. Let us get more and more chilling, we thought of exiting, but we can't quit at once and want to complete it step by step." Wu Baiqian told the International Finance News reporter that his company has sent a letter from 2005 to ask for the refund of the wrong amount, 2006 Beginning to gradually withdraw from some stores in B&Q, by 2009, Pacific Kitchen completely withdrew from the chain channel of B&Q. The prosecution was awarded â€œIn 2006, Pacific Kitchen sent a letter to B&Q, requesting the return of the prototype and the payment. In July 2009, the total number of letters including registration, express delivery, and mail was 112, and there was no result of repeated door-to-door communication.â€ Pacific Xia Qing, a lawyer at the kitchen, told the reporter that on April 22, 2010, the Pacific filed a lawsuit against the Pudong New District Court on the occasion of repeated dunning. The Pacific Kitchen proposed four requirements to B&Q: First, returning 339 sets of prototypes worth 468,312.3 yuan; second, paying invoiced payment of 907,667.74 yuan; third, returning the wrong amount of 1,092,572.96 yuan; fourth, taking Fuzhou store's return of invoices The value-added tax is 70,262.28 yuan; the work deposit received by the Qingdao store is 2,000 yuan; the interest on the invoiced payment of 907,667.74 yuan is calculated according to the bank's loan interest rate for the same period until the effective date of the judgment. During the trial, the change of the lawsuit request 4 was to pay the Fuzhou return deposit of 48,357.36 yuan. The total number of claims is nearly 2.7 million yuan. On November 3, 2011, the Pudong Courtâ€™s first-instance judgment supported the claim of 807,364.95 yuan. However, the Pacific Kitchen refused to accept the verdict and was sued in the Shanghai No. 1 Intermediate People's Court. On February 21, 2012, the Shanghai No. 1 Intermediate People's Court ruled that the facts were unclear and the evidence was insufficient, and the retrial was reissued. It is currently under review in the Pudong New Area People's Court. The Pacific Kitchen has a lot of dissatisfaction with the verdict. If the lawsuit requests a return of 339 prototypes, the value of 46,8312.3 yuan. The original trial found that the prototype ownership after January 1, 2006 is the defendant, the plaintiff has no right to request the return; the prototype before January 1, 2006 has lost the use value and the statute of limitations, please do not support the original teller. The reason for the trial was that â€œthe general terms of the procurement contracts for 2006, 2007 and 2008 are for the prototypes: unless the parties specifically agree, the ownership of the samples belongs to the buyerâ€. In this regard, Xia Qing said that the 2006, 2007, and 2008 General Terms of Purchase Contracts were the format contracts imposed by B&Q on suppliers since 2006. They unilaterally formulated many inequality clauses, and the plaintiff never recognized this. At the same time, B&Q did not conduct cross-examination on the above contract, so it cannot be used as a basis for finalization; Article 41 of the Contract Law stipulates that if the format clause and the non-format clause are inconsistent, it shall be adopted. In the non-format clause, the non-format clause, that is, the special clause, does not make an agreement on the ownership of the prototype, and the prototype is of course the plaintiff. Xia Qing also cited other reasons: "The plaintiff has issued a letter for a long time to request the defendant to return the prototype, the wrong deduction, and the invoiced payment for 112, including 70 claims for returning the prototype (see the next section for details). No objection was raised, indicating that the defendant fully recognized the prototype ownership, the number of prototypes, and the amount.â€ Xia Qing said that a series of facts and evidence were not reflected in the original trial. There are dozens of evidences that Xia Qing gave reporters, but they were not mentioned in the original trial. B&Q has a lot of replies? "If you think that B&Q is a big international brand, it is a luxury to expect it to be honest. If you have dealt with B&Q, you will understand what is shameless." Wu Baiqian is quite lamented. In this regard, Xia Qing exemplified that: In order to explain that the 2004 purchase contract did not agree on the ownership of the prototype, Bianju actually removed the fourth page of the contract, and on page 4, there was an agreement on â€œthe sample used for display was owned by the supplierâ€. In 2005, Pacific Kitchen and OBI contract (Bupanju acquired OBI in 2005), in the supplementary provisions, the "sample ownership belongs to B&Q" clause, B&Q denied that the signatory was the authorized representative of OBI. Then the fact that the ownership of the prototype was returned to the plaintiff in 2005 was denied, but the signatory denied by B&Q was precisely the signatory of the contract in 2005. The â€œrewardâ€ of B&Q was not broken; the original defendant had been trading for nearly 10 years, and the defendant mostly received the goods after receiving the goods. The signature is not stamped. In the prototype list, some of the defendants also signed and uncovered, but B&Q denied all the prototypes, and believed that the signatory was not the defendant's employees. The prototype was filled by the plaintiff himself. In order to prove the authenticity of these prototypes, the plaintiff provided the signatories with the signatures of all the unsigned, and the evidence of the increase was issued, so that the defendantâ€™s lies could not be established. Xia Qing also listed a series of other evidences to prove the "depreciation" behavior of B&Q's "untrustworthy": the plaintiff sent a letter to the defendant since 2005, requesting the return of the prototype, the wrong deduction, the unpaid, etc., until the prosecution totaled 112 Among them, there are 71 registered and 24 emails, of which 5 are emails. The plaintiffs registered and courier recipients include: Pang Zhen, Zhu Qin from the Purchasing Department, Shawen Yu from the East China Region, Jin Jijun from the Legal Department, Zong Qihong from the Finance Department, Zhang Tianqiang, etc., all at the â€œBai'anju (China) Headquarters Phone Number Listâ€ The list of employees is the defendant to the plaintiff. Among them, Jin Jijun replied to 4 emails for the prototype, wrong deduction, etc. that the plaintiff requested to return. The last one said that the information checked by the store was collected and it was executed. With so many letters and mails, the defendants actually said that they were not received, and the recipients were not employees of B&Q. The original defendantâ€™s supply and marketing relationship was nearly 10 years. After 2004, the plaintiffs contacted the above-mentioned personnel. In the original trial, both parties checked the special invoice for value-added tax of the plaintiff from 2004 to the pre-indictment, regardless of the number of invoices and the amount, and the plaintiff. Special VAT invoices are sent in the above manner. The special VAT invoices sent have been received, but only 112 letters from the plaintiff have not been received. Is it possible? Among the evidence provided by the plaintiff, the prototypes were returned in 2006 and 2007. Some of the returned prototypes included prototypes sent in 2006 and 2007, which fully demonstrated that the prototypes in 2006 and 2007 were still indisputable. Regarding this fact, the defendant actually claimed that it was a sample of Baiâ€™anâ€™s mocking of the plaintiff. It is difficult to adjust the contradiction with suppliers. "As far as I know, many suppliers now want to sue B&Q. We are really annoyed at it." Wu Baiqian said that after the big companies in Europe as model companies, how come to China, there will be so More questions. He said that the contradiction between B&Q and many suppliers has been in existence for a long time, and the backlog has been long-lasting, almost to the point where it is difficult to reconcile. For the Pacific kitchen to sue B&Q, B&Q said in an interview that it is inconvenient to comment because the first trial of the case is under trial. Perhaps the contradiction between chain channels and suppliers has been intensified for a long time, which has aroused the attention of relevant state departments. The reporter was informed that the five ministries and commissions of the country jointly went to B&Q to conduct an investigation to understand the current situation of cooperation between suppliers and distributors. On July 20th, a lot of cars parked in the hot sun near the road near the B&Q office building at No. 393 Yinyu Road, Pudong. The reporter followed an insider of B&Q (he did not notice the reporter) to enter the office building and took the elevator to the office lobby on the 7th floor. He saw that he took out the documents and swiped in, and the reporter quickly followed up and entered the office hall. Three secretarial people similar to B&Q saw a reporter surrounded by a reporter. A 20-year-old female secretary asked: "Excuse me, are you?" After the reporter explained her identity, three people were a little surprised, two of them were stealing. Whisper: "Do you have a media manager? Do you want to ask?" Another question is directly asked, "Which contact are you with?" When the staff went to the conference room, the reporter passed the conference room. In the gap between the glass doors, the meeting has begun. The people attending the meeting sit around the round table, but the reporter can't hear the meeting. After a while, the reporter could not be explained, and the staff of B&Q â€œengagedâ€ the reporters to the door. The results of the joint investigation by the five ministries are not known. â€œBai'an has attached importance to and maintained a win-win partnership with suppliers, and maintained good cooperative relations with more than 1,000 suppliers to grow and develop the market together.â€ Bai Anju said that B&Q as a professional home improvement building retailer, from 1999 Since entering China's development, we have been committed to providing customers with a complete set of home improvement solutions with superior quality and after-sales service, which has made great contributions to the vigorous development of the domestic building decoration market. At present, B&Q is making an important reform to the sales, service and installation process. After a series of strategic adjustments, it is expected to expand its business to a successful market leader. In the future, B&Q will continue to be based in China to provide consumers with high quality. product and service. "If the retrial is lost, we will also resolutely appeal." Wu Baiqian embarked on the road of resolutely "dry" with B&Q. How long will this contradiction between suppliers and B&Q continue? How long does it take for B&Q to win supplier confidence and make profits in China? Can B&Q be able to stand up?
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