Three years later, Mr. Bi Zhenzhen won the first case of mahogany furniture

In August 2007, Mr. He purchased a set of 36 pieces of red sandalwood full rosewood chest of drawers and other furniture from a furniture store opened by self-employed Mr. Yang. The two parties specifically agreed that the furniture wood sold shall be all mahogany products in accordance with the national mahogany standard GB / 18107-2000, with a penalty of two penalties. After receiving the goods, Mr. He entrusted Beijing Wood Furniture Quality Supervision and Inspection Station to appraise the writing desk and bed in the furniture he purchased. The conclusion of the inspection is that the above furniture contains sapwood, and sapwood cannot be called red rosewood or rosewood.

After the incident, Mr. He sued to the court and demanded that the other party double compensate the purchase price. In the lawsuit, he once again applied to the court to appraise the material of the furniture he purchased, and the appraisal conclusion once again stated that some of the sapwood in the furniture could not be called mahogany.

"This is a practice in the mahogany industry." The seller Mr. Yang said that all the mahogany furniture on the Beijing market contains certain sapwood. The furniture he sells is of qualified quality and is not replaced by other wood. It is only used in some parts. Sapwood is not fake at all.

In the lawsuit, the two parties can't dispute whether the furniture belongs to "all mahogany products" and whether it belongs to "fake".

After the court hearing, it was determined that the two parties clearly agreed to apply the national standard. In the national standard, "all mahogany products" is not clearly defined; and the rules of mahogany are as follows: "Mahogany refers to the heartwood of Pterocarpus, Dalbergia, Diospyros, Cliff Bean, and Heliconia ..." According to this article, it can be concluded that all rosewood must be heartwood.

During the court trial, Mr. Yang also believed that he only used sapwood in some parts and components, which was not fake at all, and should not apply "one penalty for two fakes." Mr. He believed that the contract must be all heartwood to qualify. Otherwise it is "fake".

The court finally determined that, from the full text of the contract, the “counterfeit goods” here are not counterfeit and shoddy in the usual sense, and those that do not conform to the quality stipulated in the contract are the “fake” stipulated in the contract. The judge also emphasized that Mr. Yang ’s behavior was not yet fraudulent, and his mistake was that “the delivered goods did not comply with the agreement”.

Accordingly, the court ruled that Mr. Yang double compensated Mr. He for RMB 560,000.
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