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【裁判要旨】在现实生活中,买卖双方完成买卖行为后,产品使用过程中,当出现保修期内卖方履行维修义务不完整时,买方是否能主动雇请第三方进行维修以及维修费用的赔付往往引发新的纠纷。本案就是一起因卖方履行维修义务不完整,买方委托第三方修理后要求卖方支付维修费用的买卖合同案件。法院在委托鉴定机构对维修费用进行鉴定无果的情况下,凭借买方提供的维修增值税发票判决卖方赔偿买方支付给第三方的维修费用,生产者承担连带责任。
Referee essence In real life, buyers and sellers to complete the sale, the product during use, when the seller during the warranty period to fulfill the obligation to perform maintenance is not complete, the buyer can take the initiative to hire third parties for maintenance and repair costs often lead to compensation New dispute. This case is a case of sale and purchase contract with the seller due to incomplete fulfillment of maintenance obligations and requiring the seller to pay maintenance costs after being entrusted by a third party to repair. The court entrusts the appraisal agency to appraise the maintenance expense without any merits, and the seller shall be jointly and severally liable to compensate the seller for the repairs paid by the buyer to the third party by virtue of the value added tax invoice provided by the buyer.