Key Takeaways
- Your inspection rights depend on your contract — always include inspection clauses
- Chinese courts accept third-party inspection reports (SGS, TUV, Intertek) as credible evidence
- You must inspect goods within a reasonable time after delivery and notify the supplier of defects in writing
- AQL sampling (ISO 2859-1) is the industry standard and is accepted in Chinese courts
- Failing to inspect and notify promptly may be deemed acceptance of the goods
Your Inspection Rights at 4 Stages
| Stage | What You Can Demand | Legal Basis | Best Practice |
|---|---|---|---|
| 1. Pre-Production | Sample approval before mass production begins. Right to reject samples that do not meet specifications. | Contract specifications + industry standards | Sign off on a "golden sample" both parties keep. Document approval in writing. |
| 2. In-Line (During Production) | Access to factory floor to inspect work-in-progress. Right to stop production if defects exceed tolerance. | Contract clause; not automatic — must be agreed | Hire third-party inspector for random in-line checks. Catch problems early. |
| 3. Pre-Shipment | AQL sampling inspection before goods leave the factory. Right to reject and demand rework if inspection fails. | PRC Civil Code Article 621 + contract clause | Use ISO 2859-1 AQL standard (AQL 2.5 for major defects, AQL 4.0 for minor). Third-party report preferred. |
| 4. Post-Arrival | Right to inspect within reasonable time after delivery. Notify supplier of defects in writing within 7 days. | PRC Civil Code Articles 621-622 | Photograph/video all defects. Keep packaging. Arrange independent inspection. Do not use or resell before inspection. |
Pre-Shipment Inspection: Your Strongest Right
The pre-shipment inspection is the single most important quality control point in China trade. It is your last opportunity to catch defects before paying the balance and accepting shipment. Under Chinese law:
- Your right to pre-shipment inspection must be specified in the contract — it is not automatic
- The contract should specify: inspection standard (AQL), tolerance level, inspector (buyer or named third party), and consequences of failure
- If the supplier refuses inspection, this constitutes a breach of contract — you may withhold payment
- Third-party reports from SGS, TUV, Intertek, or Bureau Veritas are the gold standard for Chinese court evidence
Defect Notification: The Legal Deadline You Must Meet
PRC Civil Code Article 621 requires the buyer to inspect goods within a reasonable time and notify the seller of defects. Missing this deadline can be fatal to your legal claim:
Inspect immediately upon arrival
Open and inspect within 24-48 hours of receiving the shipment. Photograph the packaging condition before opening. Count quantities and visually inspect a random sample.
Document all defects in detail
Take clear photos and videos of each defect. Create a written defect list with photos, quantities, and severity. If possible, arrange a third-party inspection within the first week.
Send formal written notice within 7 days
Email the supplier (and WeChat) with: photos of defects, a clear description, the contractual provision violated, and a demand for remedy (return, replacement, or refund). This email becomes critical evidence in court.
How Chinese Courts Evaluate Inspection Evidence
| Evidence Type | Weight in Chinese Court | Tips for Maximum Credibility |
|---|---|---|
| Third-party inspection report (SGS, TUV, Intertek) | High — independent, professional, international standard | Use ISO-accredited inspector. Include photos, sampling methodology, and detailed findings in both English and Chinese. |
| Buyer's own photos and videos | Moderate — accepted but less weight than third-party | Include date stamps. Show packaging labels visible. Video should be continuous — not edited. |
| Supplier's pre-shipment photos | Low — self-serving, may show only good items | Compare supplier photos with your received goods. Discrepancies support your claim. |
| Internal QC reports from the factory | Moderate — if authenticated | Request factory's own QC report before shipment. Inconsistency with actual quality is strong evidence. |
Frequently Asked Questions
This is a major red flag. Legitimate factories welcome inspection — it confirms their quality and protects them from false defect claims. If a supplier refuses, it typically means: they know the goods are defective, they are a trading company with no control over the factory, or the goods do not exist. If your contract has an inspection clause, refusal is a clear breach. Stop all further payments, send a formal demand for inspection citing the contract, and consult a PRC attorney. If the supplier continues to refuse, you may have grounds to cancel the order and demand return of the deposit. Learn about our defective goods service.
Industry standard: AQL 2.5 for major defects (functional, safety, appearance issues that affect usability) and AQL 4.0 for minor defects (cosmetic issues that do not affect function). For critical defects (safety hazards, complete non-function), AQL 0.0 — zero tolerance. Consumer electronics typically use AQL 1.5/2.5; textiles and garments use AQL 2.5/4.0; industrial machinery uses AQL 1.0/1.5. Specify the exact AQL level and sampling plan in your contract — do not leave it to the supplier's interpretation. A properly specified AQL standard is readily accepted as evidence in Chinese courts and CIETAC arbitration.
Yes — but with caution. Chinese inspection companies (CCIC, CTI, PONY) are generally competent but may have less familiarity with Western quality expectations and less independence if they have ongoing relationships with the factory. International agencies (SGS, TUV, Intertek, Bureau Veritas) are preferred because: their reports are in English, they follow international standards (ISO, ANSI, ASTM), their independence is well-established, and Chinese courts and CIETAC tribunals recognize their reports without question. The cost difference ($300-$800 per inspection) is marginal compared to the risk of an unreliable report.
Acceptance and resale significantly weakens your defect claim. By using or reselling the goods, you effectively accepted them as conforming. The supplier will argue: "They inspected the goods, found them acceptable, and sold them to their customers." However, two exceptions: (1) hidden defects (隐蔽瑕疵) — defects that could not be discovered by reasonable inspection, such as internal component failures, material substitution, or manufacturing defects that only manifest during use; (2) warranty claims — if your contract has a warranty period and the defects arose during that period, you may still have a claim. For hidden defects, you must notify the supplier immediately upon discovery. Read about CISG quality remedies.