Tianjin Shengda: investment of more than 4.5 million yuan can not be used in 9 years
Dry powder mortar refers to a kind of granular or powdery material which is physically mixed by dry and screened aggregate (such as quartz sand), inorganic cementitious material (such as cement) and additives (such as polymer) in a certain proportion. It is transported to the construction site in the form of bag or bulk, and can be directly used after mixing with water. In the construction industry, dry powder mortar plays the role of bonding, lining, protection and decoration with thin layer, which is widely used in construction and decoration engineering.
According to the information on the website of the commercial reform department of the Ministry of Commerce on June 13, 2007, the notice of the Ministry of Commerce, the Ministry of public security, the Ministry of construction, the Ministry of communications, the General Administration of quality inspection and the General Administration of environmental protection of the peoples Republic of China on banning on-site mortar mixing work within a time limit in some cities, it is required to create conditions for the central cities, the national environmental protection model cities and the national civilized cities, The prohibition of using cement mixed mortar on construction site was carried out in 127 cities in stages and batches. As the first batch of cities, Tianjin was required to prohibit the use of cement mixed mortar on the construction site from September 1, 2007. This notice opened a policy channel for the promotion of dry mixed mortar in China, and made Tianjin Shengda see market opportunities.
Based on the product sales contract, the two parties signed the Zoomlion fjl, FJW, FLL series dry mixed mortar mixing equipment quality warranty terms, which are mainly used for Tianjin Shengda Construction Engineering Co., Ltd. to use financial leasing, and to sign a financial leasing contract with Zoomlion financial leasing (Beijing) Co., Ltd Model fll60b dry mixed mortar production line.
Wu Guosheng is the old man of Tianjin Shengda dry mixed mortar production line. His main job is to make this production line available. Wu made a list of the actual costs of the dry mixed mortar production line in the past nine years, with a total investment of more than 4.5 million yuan.
In terms of the quality of the production equipment, Wu said, over the past few years, Zoomlion has been constantly being repaired by people from Zoomlion. It is just that the repair is not good. According to his description, once a so-called Zoomlions highest maintenance level master went to the Tianjin factory to find their boss and said that the (production) line was not repaired well. There is a shortage of things. Zoomlions first dry mixed mortar production line is our one. Zoomlions first dry mixed mortar production line in China is not good at anything.
Later, through their understanding of peers, they learned that a total of several lines have been sold to Tianjin, but they are not very good. Others can still work, and this is totally unable to work. Colleagues told Mr. Wu that the same dry mixed mortar production line purchased by Zoomlion at this stage can be used, but it is often easy to break down.
Mr. Wu felt that the companys input and output were not directly proportional to each other. The dry mixed mortar production line could not be used in the first production. Now the concrete in the cylinder is still nine years ago, and it is dry and can not come out.
Zoomlion: once admitted that there were defects in dry mixed mortar production equipment
Tianjin Shengda Wu station director introduced, dry mixed mortar production line invested money can not produce, unexpected things happen around. According to his recollection, in August 2012, when a worker surnamed Xue adjusted the maintenance equipment and put the maintenance tools into the basket, the steel wire rope of the electric hoist of the dry mixing mortar equipment provided by Zoomlion suddenly broke, causing the workers at work to fall from the basket to the ground nearly 20 meters above the ground, causing injuries.
After the accident, as of January 30, 2014, Tianjin Shengda had paid a total of more than 1.27 million yuan to the workers named Xue. Since 2015, Tianjin Shengda filed a lawsuit with Zoomlion on the cost. On September 12, 2016, Zoomlion refused to accept the judgment of the first trial, and the second trial was held and the trial ended.
In February 2017, the civil judgment of the second instance of the product liability dispute between Zoomlion and Tianjin Shengda Construction Engineering Co., Ltd. was published on the China judicial document website, which showed that the facts of the first instance judgment were clear, the applicable law was correct and should be maintained. Judgment: 1. The defendant Zhonglian Heavy Industry Co., Ltd. shall compensate the plaintiff Tianjin Shengda Construction Engineering Co., Ltd. for the economic loss of 1272552.73 yuan within 10 days from the effective date of this judgment; 2. The other claims of the plaintiff and the defendant are not supported. If the obligation to pay money is not fulfilled within the time limit specified in this judgment, the debt interest during the period of delay shall be doubled in accordance with Article 253 of the Civil Procedure Law of the peoples Republic of China. The case acceptance fee of 8127 yuan shall be borne by the defendant Zoomlion
The case analysis shows that the accident analysis report on cargo elevator falling in Tianjin xiaoqinglin dry mixing station provided by Zoomlion Co., Ltd. analyzed the causes of the industrial accident from six aspects, among which the first three aspects mainly pointed to the improper behavior of the plaintiff and its staff on the operation and use of dry mixed mortar production equipment involved, and the latter three aspects The cause analysis mainly points to the problems existing in the dry mixed mortar production equipment involved in the case, mainly including that the hoist on the dry mixed mortar production equipment was not equipped with rope guide and did not design the anti falling device, which led to the potential safety hazard of the dry mixed mortar production equipment involved. At the same time, it was reported that the eighth item of the equipment technical rectification solution provided by Zoomlion The 19th item also relates to the improvement of the wire rope traction point on the dry mixed mortar production equipment involved in the case and the increase of the anti falling device of the hoist.
The court held that, from the analysis of the subject and content of the above two evidences, since the two evidences were provided by the defendant Zoomlion, and the contents clearly pointed out that there were potential safety hazards in the rope guide and anti falling device of the elevator in the dry mixed mortar production equipment involved in the case, based on the two evidences, it should be determined that the defendant Zoomlion Heavy Industry Co., Ltd. was involved in the case The fact that there are defects in the production equipment of mixed mortar constitutes self admission.
In the past nine years, Zoomlion and Tianjin Shengda have sent representatives to carry out maintenance, consultation and other aspects of the dry mixed mortar production line every year. Despite frequent communication, the two sides failed to reach an agreement on the solution.
In May this year, the risk control department of Zoomlion and Tianjin Shengda held another negotiation, and they were willing to pay 1.3 million yuan in cash coupons, and invited Tianjin Shengda to go to Zoomlion for another negotiation. On May 22, Wu and his party arrived at Zoomlion again, and the other party added another 200000 yuan of coupons. They promised to give Tianjin Shengda a total of 1.5 million yuan coupons.
In the past two years, the person who contacted Zoomlion has changed from the maintenance department to the risk control department. During the consultation in May, the representatives of Zoomlion said that their more than 10 million things were left here, and there was also a loss. But our reason is that the loss is not caused by us. Since we started to build the production line, we also want to use this set of equipment, but because of the quality defects, we can not use it, and we always repair and repair it. In fact, our losses are even greater. Among the more than 4.5 million yuan of accounting, we mainly invested in infrastructure with contracts and bills, and the market profit has not been included. When the production line was built, there was no production of a ton. We also terminated the agreement with our contract partners, and we were very passive. In the years of communication with Zoomlion, Tianjin Shengda did not terminate cooperation with Zoomlion. According to Wu, in 2015, Tianjin Shengda also purchased two concrete mixing plant production lines of Zoomlion as well as a number of pump trucks, wall trailers, mobile silos, etc. if there is no quality problem, Tianjin Shengda is repaying the loan as scheduled, and it has not been overdue once. He believes that it is because of the cooperation that Zoomlion has thought of using vouchers. our companys appeal is that, according to the actual amount spent, the minimum amount is 4 million yuan. The other partys promise is still a voucher. Therefore, as the representative of Tianjin Shengda, it is impossible to agree Source: China Quality Wanlixing editor: Wang Xiaowu_ NF
In the years of communication with Zoomlion, Tianjin Shengda did not terminate cooperation with Zoomlion. According to Wu, in 2015, Tianjin Shengda also purchased two concrete mixing plant production lines of Zoomlion as well as a number of pump trucks, wall trailers, mobile silos, etc. if there is no quality problem, Tianjin Shengda is repaying the loan as scheduled, and it has not been overdue once. He believes that it is because of the cooperation that Zoomlion has thought of using vouchers. our companys appeal is that, according to the actual amount spent, the minimum amount is 4 million yuan. The other partys promise is still a voucher. Therefore, as the representative of Tianjin Shengda, it is impossible to agree