Siemens deduction of gold incident continued: dealers hard to marry American lawyers want to pick up

The global medical device giant Siemens Medical and Chinese distributors may have new developments at the end of this month.

Mr. Wu, a former distributor in South China, told the author that Siemens Medical has sent a “Partner Deposit Information” form to the dealers who have been forfeited, requesting the dealer to apply for a refund. “We judge Siemens is also considering The deposit has been refunded, but considering the options that need to be checked in the application form may hinder us from defending the rights, so we sent a refund response letter to Siemens, so we have not yet known the attitude of Siemens."

This medical device giant, which is second only to GE in the domestic market, Siemens China has previously told the author about the dealer incident. "Siemens attaches great importance to it, and the relevant internal departments immediately start a detailed investigation." But for the latest development, The relevant person in charge of the company only said that the specific situation is being confirmed within the company, and there will be further communication.

Dealer "hard"

Since the end of last year, Siemens Medical has confiscated 10% of the dealer's contract deposit on the grounds that the sales contract expired. Later, more than 30 dealers nationwide joined the rights defense alliance and sent a letter to Siemens Medical. At that time, Siemens responded to the dealers that the trading habits advocated by the dealers lacked a legal basis.

However, the incident seems to have turned around recently. Mr. Wu showed the author the “Partner Deposit Information” form that Siemens Medical gave to the distributor, which stated, “If your company wishes to apply to our company, you will sign a contract with your company and Siemens (China) Co., Ltd. Shanghai Branch. Sales contract, I hope that our company will refund the deposit paid by your company, please provide the information so that we can evaluate your application."

Mr. Wu said that according to the current progress, Siemens Medical has finally responded positively to the dealer's legitimate demands. Although no specific solution has been proposed, it has taken a step toward the return of the deposit. The dealer originally agreed on the action plan. Also suspended. “However, we do not agree with the background and reasons for the refund application listed in the application form given by Siemens Medical.” The reason mentioned by Mr. Wu is actually the background and reason for the refund application in the order. Siemens listed the cancellation of the project. , product changes, project delays, customer bankruptcy and other reasons.

"But we are not willing to check these options." Mr. Wu said that after the dealer alliance's deliberation, the contract did not stipulate the above reasons can apply for a refund, worried that these reasons were selected, and then can not be said, Therefore, we plan to fill in the real reason for the contract “abortion”.

Mr. Wu presented the author with a reply letter on “Returning the background and explanation of the reasons”, which stated that “the reason why the contract was signed in advance was that Siemens sales personnel forced us to sign this task to complete the task. Otherwise, Siemens In terms of threats to reduce our distribution area and even cancel the distribution rights, "At the time of signing the contract, the end user on the contract has not started the bidding procurement process... The transaction involved in the contract has not actually taken place."

The reply letter also mentioned that "Siemens salesperson insisted that we sign the contract and promised to return the deposit in return for the new order contract, or to give a discount on the new order contract, and repeatedly claimed We will not let our deposits suffer losses. It is necessary to emphasize that in the past, our company and other distributors and Siemens have a large number of transaction records."

“At present, the alliance dealers have agreed to use this as a reply as a template. The letter has been sent out last week and asked Siemens to reply within 10 days. I believe the event will have a result at the end of March.” Mr. Wu said that the dealers only want to Get back the deposit.

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