1.    The background of the disputes

In year 2015, a buyer named as S from Republic of Trinidad and Tobago country purchased a second-hand loader from Q which located in Yantai, China via Alibaba international website. Both parties did not signed the contract in writing  and  the amount involved in the purchase is $ 40,000.the requirement ,such as the brand, the type, the years the machine has served and the relevant fitting and so on. , of the loader is stipulated in the Proforma invoice issued by the seller Q. But there is no provisions over quality standards of the machine and no liabilities of breach of contract is set out .In September 2015, when the buyer received the machine and the buyer found: 1 the machine was lack of spare parts and the received parts seriously did not meet the requirements both parties agreed; 2.http://www.baidu.com/link?url=9D_v2ff2_snUm_DwO5I2l65vpz6wr9k7nlN_taVA3f6TzQtSwIaK2T0FZpM0mKF202SuwTjzgGLGbmuj8DdSRq the machine received is totally a piece of junk and cannot work at all . The seller felt being cheated and contacted the seller trying to talk over the refund of the payment but the seller is totally nonnegotiable and rejected any kind of negotiations.

2、The key of the case

The dispute is of a very typical one over product quality problem in international transaction .the Buyers easily trusted the seller because of the buyer’s trust to Ablibaba international. The reasons why the seller dared to be nonnogetibalbe and do not afraid of any legal liabilities are as followings: 1 No liabilities of breach of the contract are stipulated. Even when the seller violates the contract it’s very hard for the buyer to pursue its serious liabilities. According to Chinese law if without liability of breach of contract is agreed on the defaulting party shall compensate the observant party its actual loss but it’s very hard for the observant party to prove its actual loss; 2 No quality standard is reached by parties and it’s very hard to prove the real status of the delivered machine.  When such kind of case come to court and the judge shall require one party of bearing the burden of proof to have the product tested and the testing report shall be a crucial  criterion to determine whether the product is qualified or not. In most cases the quality standard is the key for the quality testing party to issue the testing report. The product may be qualified based on some standard but may not qualified if the standard changed. 3. Some of the victims of the international transaction just give up when their right is damaged because the forging-related litigation is much as complicated than domestic ones. The evidences are hard to obtain and the legal papers shall be attested by relevant competent authority. In short, such kind of case is hard to win for the buyer if no lawyer in involved in early stage.