Intermediary sued elevator testing company not to pay "hanging card fee"! Court judgment: rejected the intermediary claims!



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Intermediary sued elevator testing company not to pay "hanging card fee"! Court judgment: rejected the intermediary claims!

In recent years, the development of real estate has boosted the demand for elevator inspection and testing, and some people have miscalculated. Recently, the Gulou Court concluded a dispute involving an elevator inspection and testing contract.

In September 2022, Company A and Company B signed a "Talent Search Contract", entrusting Company B to register with Company A recommend "Elevator Inspector Elevator Inspector. Company B has recommend 18 people to Company A in accordance with the contract, all of whom have been registered. However, Company A did not pay the remuneration as agreed, and Company B sued the court, demanding Company A to pay the contract price of 1.476 million yuan and liquidated damages.

Figure source network, picture and text independent

The Gulou Court found out after trial that the essence of the entrustment matters involved in the contract was that Company B "recommend" personnel holding the qualifications of elevator inspectors and elevator inspectors to Company A and registered them, and "cooperated with the evaluation of appearance. This entrustment objectively enables Company A to obtain a qualification level that does not match its actual ability and level, which obviously violates the relevant regulations on the safety supervision and management of special equipment, and the practitioners registered by the "recommend" also do not meet the requirements of the practice norms, and cannot ensure that the evaluation conclusions issued accordingly are standardized, true and objective, seriously affecting the quality and operation safety of special equipment, which is harmful to the national and social public interests, violation of public order and good morals. Therefore, the Drum Tower Court ruled to reject the claim of Company B.
The judge of the Gulou Court introduced that the elevator inspection and testing industry has its own industry characteristics, and the May 31, 2022 《Approval Rules for Special Equipment Testing Institutions", requires the integration of people, certificates and social security.
The judge reminded that the elevator testing industry is not an industry that makes quick money. It depends on quality, technical strength, and industry reputation to maintain and develop. The elevator use or maintenance units engaged in self-testing should seek truth from facts and operate in good faith, do a good job in elevator inspection and testing, and do a good job in the practice publicity of the testing personnel of the unit. The relevant regulatory departments should polish the regulatory probe, comprehensively apply special rectification and daily education management, and seriously investigate and deal with illegal "hanging certificates. (Reporter Ruan Guanda)

Source: Fuzhou Daily, Elevator

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