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Old 05-12-2011, 10:50 AM   #1
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Default Huai Hai Campaign Memorial sculptor sculpture with

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trial after 5 times, this effect caused by the sculpture, the quality of the final price dispute has ended. Qingpu District Court verdict, Mr. Zhao is indeed responsible for the quality of the sculpture, but the defendant company Boyun remaining price to be paid 195,000 yuan.
projects total 1.5 million yuan

70-year-old Mr. Zhao has also created a sculptor in Shanghai, March 28, 2007, Zhao Yun Bo signed with the Office of Huai Hai Campaign Memorial sculpture project cooperation agreement procedures, agreed by the sculpture of Mr. Zhao is responsible for project design production. Relief part of the project requirements for the resin material (similar to copper effect), bronze sculpture in the round part of the process used, bronze to GB 85 copper, tin and standard preparation. Martyrs Monument third Huaihai Campaign Authority proposed sculpture design draft, revised by Mr. Zhao, in the March 31, 2007 and construction companies to pay Fubo Yun Fang signature confirmation, July 18, 2007 Creation is completed. Item price contract for 150 million yuan, the construction side of the sculpture after the final acceptance, Mr. Zhao should have to pay price of 1.425 million yuan,polo ralph lauren homme, 75,000 yuan for the balance of retention money, acceptance in the project within two years from the date of payment clear.
2007 年 4 6, the third Huaihai Campaign Martyrs Monument Authority is responsible for Mr. Zhao made in relief and sculpture in the round design of the script signature. June 17 the same year, the company has Boyun form of a check, paid a total price of 1.055 million yuan Zhao projects. July 16 the same year, the acceptance sculpture was shipped to a third person at the display.
surface is a large area aeruginosa

2008 年 5 22, the third company sent a letter to Bo Yun said the design of the sculpture in the round surface of a large area aeruginosa, seriously affect the visit effect, requires rectification. Bo cloud detected by the company, sculpture in the round copper content of 80.56%, 3.69% tin content, are low by international standards, then in December 2, 2008 Mr. Xiang Zhao sent a letter, asked the Office of the Huai Hai Campaign Memorial sculpture in the round order, relief quality problems for rectification,acheter vetements ralph lauren, but was refused.
in the first trial, the defendant company filed a countersuit Bo cloud that relief in the area of ​​the contract shall be 185 square meters, the volume of sculpture in the round of 30 cubic meters. Is the area of ​​relief, sculpture in the round do not meet the size of the contract, and called for the corresponding part of the net area of ​​less than the price of relief. The sculpture in the round does not match the size and content of copper deficiency and requested to return to the works of Mr. Zhao.
Mr. Zhao has always maintained that, they are completely in accordance with the draft design of the third person confirmed to fulfill contractual obligations, Memorial Hall was July 18, 2007 opening, the third person had also been raised to the plaintiff the quality of the sculpture, the works in full compliance with contract requirements.
bear part of the breach of contract

court held that the plaintiff produced relief, sculpture in the round belong to the art, the main observation of the quality evaluation of whether the user's sculpture ideological and artistic requirements. Contract signed by both parties of the reliefs and sculpture in the round size of the work, but failed to agree how to determine the size of the specific method works. Relief as the plane works of art should be art image size is based on the carrier material, and sculpture in the round set by the contract size is only the outline is to provide a physical size, should also enjoy macro vision meets the requirements for judging criteria. The plaintiff's original design has been signed by the head of a third party confirmation, the third plaintiff recognized the performance of work practices and style, the opening of Huai Hai Campaign Memorial, that the defendant or a third person of the plaintiff in the works before the opening preliminary acceptance, sculpture meet the demand.
As for the bronze sculpture in the round material to the contract, Mr. Zhao, as producers should bear the liability for breach. Bo Yun's counterclaim requests based on the existence of fundamental breach of the plaintiff, leading purpose of the contract can not be achieved under the circumstances, be exercised by the Bo cloud company claims, but the sculpture in the round is still on display in the Huai Hai Campaign Memorial, Bo Yun rights of the company is only may require the plaintiff repair, redo, reduce pay, compensation for losses.
Accordingly, the court then reduced the price by the way, to determine the plaintiff to bear part of breach of contract. Price for sculpture in the round of 75 million, so the discretion of the court reduce the price of 25 million, Bo Zhao Yun companies should pay the price of 195,000 yuan remaining.
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