1. What is considered a "normal" weight error range for cold-rolled coils?
A: According to industry practice and national standards, the critical limit for weight error is 3‰. The nature of the error is determined by the "delivery method" stipulated in the contract:
If settled based on actual weighed weight: This is the most common delivery method. According to the handling methods of many steel mills, when the error between the actual weighed weight and the document (or calculated weight) is within ±3‰ (three per thousand), it is considered normal, and settlement is usually based on the weight on the document or weighbridge provided by the supplier.
If settled based on theoretical weight: This is the theoretical weight calculated based on dimensions and density. If the actual number of coils or sheets delivered is less than agreed, or if the calculation is incorrect, it constitutes a shortage, which is considered a weight discrepancy. When it exceeds three per thousand, the buyer can raise an objection.
An error exceeding 3‰: The portion exceeding three per thousand will be considered a measurement objection. According to the regulations of some steel mills, once the error exceeds 3‰, the actual weight after re-weighing must be used as the final settlement basis, with refunds for overpayments and additional payments for underpayments.
2. What are the possible causes of weight discrepancies?
A: Besides the possibility of shortchanging, there are many reasons for weight discrepancies. Accurately identifying the cause helps clarify responsibility:
Production Stage (Steel Mill Responsibility): During production, the thickness and width of the steel strip may have deviations allowed by national standards. This is an objective reason for the discrepancy between theoretical weight calculations and actual weight. Additionally, systematic errors in the weighing equipment at the time of shipment are also a contributing factor.
Processing Stage (Processing Plant Responsibility): If the product is a purchased, processed finished product, the error may originate from the processing stage. For example, if the processing plant does not weigh and verify the raw materials beforehand during slitting and leveling processes, the resulting weight differences due to end plates, edge wire losses, etc., are generally considered the processing plant's responsibility.
Transportation and Warehousing Stage (Logistics Responsibility): During logistics and transportation, poor management in hoisting, warehousing, and other stages may also lead to theft or accidental loss of goods.
3: What should I do if I discover a weight discrepancy?
A: Upon discovering a weight issue, you must act immediately, ensuring solid evidence and adhering to compliant procedures. The operational procedure is as follows:
Step 1: Immediately Stop Use and Preserve the Original Condition
If a weight discrepancy is discovered, do not process or use the goods in any way. If the goods have been used, the supplier may refuse to accept the objection.
Step 2: Re-weigh and Secure Evidence
Immediately re-weigh the goods using a weighbridge with a valid calibration certificate issued by a legally recognized metrology institution. Keep the weighbridge receipt; this is the most crucial evidence.
Step 3: Issue a Written Notification and Initiate an Objection
You must submit a formal written objection to the supplier within the quality objection period stipulated in the contract, along with your re-weighing receipt and other supporting documents. Verbal communication cannot replace a formal letter; do not delay.
4. How should I claim compensation? What is the claim process?
A: The core of the claim process is "negotiation first, then litigation."
Internal Evidence Preservation: Properly preserve the contract, weighbridge slip, payment vouchers, objection letter, and all communication records. This is the foundation for protecting your rights.
Negotiation: Proactively communicate with the supplier, present evidence, and reach a written agreement regarding settlement based on actual weight for the excess 0.3% or demanding replenishment and compensation for losses.
Official Mediation: If negotiation fails, you can file a complaint with the market supervision administration bureau or other administrative departments in the supplier's location to request official intervention and mediation.
Legal Proceedings: When the above methods fail, you can file a lawsuit in court based on the contract. Please note that the statute of limitations is 3 years, calculated from the date you knew or should have known that your rights were infringed.
5. How can weight discrepancies be avoided in the contract?
A: Prevention is better than cure. When signing a purchase contract, be sure to clarify the following clauses:
**Clearly define the delivery method and tolerance range:** Clearly specify whether delivery will be based on "weighed weight" or "theoretical weight." Also, clearly define the handling method for weight discrepancies exceeding 0.3%, such as "settlement for the excess based on the actual weight" or "refund for overpayment and additional payment for underpayment."
**Clearly define the acceptance and objection period:** Stipulate that after delivery, the buyer must complete acceptance within a specified number of days (e.g., 7, 15, or 30 days) and raise objections in writing within the stipulated time after acceptance. Clearly state that failure to raise objections within the time limit constitutes acceptance.
**Clearly define liability for breach of contract:** Clearly state in the contract the supplier's liability for breach of contract in the event of a shortage, such as how to compensate for direct economic losses caused by the shortage.
**Clearly define the dispute resolution method:** Stipulate the dispute resolution path, such as "first negotiate, if negotiation fails, submit to the XX Arbitration Commission for arbitration" or "file a lawsuit in the XX People's Court."