Private transfer of POS machines is not protected by law

In order to facilitate his own business, Mr. Zhang, who is engaged in individual business in Jinan, transferred a pos machine from others to obtain the right to use at the beginning of this year. The two parties signed a formal contract agreement at the handover. However, not long ago, when the bank settled the funds, Mr. Zhang found that his 6,000 yuan was detained by the original owner and became a “blind account”, so he took the contract signed at that time and transferred it to his POS machine. When he went to court, what Mr. Zhang did not think was that the court rejected his claim. The reason was very simple. Mr. Zhang violated the regulations and privately transferred the POS machine. The contract was invalid and it was difficult to be protected by law.

Mr. Zhang lives in Tianqiao District, Jinan City. He runs a building materials company with his family. He wanted to apply for a POS machine, but learned that the application process was very troublesome, so he personally contacted a POS machine merchant. After the two parties met, they agreed to privately trade at a price of 7,000 yuan, and the POS machine expired three months after delivery. In order to ensure Mr. Zhang's funds and account security, the two sides also signed a written contract agreement to stipulate specific details. It is worth noting that at that time, Wang told Mr. Zhang that the POS machine was transferred from a company in Xuzhou. Since the account that was bound to the POS machine at that time was a company in Xuzhou, all the funds during Mr. Zhang’s operation would After hitting the above account, after the expiration of the POS machine, Mr. Zhang needs to settle from Xuzhou Company at the time of settlement. In this regard, Mr. Zhang did not raise any objection.

After a lapse of three months, the POS machine expires and is stopped by the bank. After the expiration, Mr. Zhang contacted the original owner of the POS machine, Xuzhou, in accordance with the information provided by Wang. Unexpectedly, the two parties had a dispute over the 6,000 yuan in the liquidation of the accounts. Mr. Zhang believed that the other party had unreasonably withheld his own 6,000 yuan of funds, which caused conflicts with the other party. After the unsuccessful negotiations, Mr. Zhang found that Wang, who was originally sold to his own POS machine, demanded that he be responsible for the contract and brought him to court.

The case was heard by Judge Qu Hongtao of the Tianqiao District Court of Jinan City. He found that the contract signed between Mr. Zhang and Wang only had a problem and was an invalid contract. "Through the investigation, we learned that the POS machine is used by a company in Xuzhou. According to the regulations, the POS machine should be used by a company in Xuzhou in accordance with the regulations of the bank. It cannot be sublet, transfer or buy or sell. Wang and Zhang are not in the bank. In the case of consent, the privately traded POS machine violated relevant regulations, so the signed contract was invalid. According to this, the Tianan District Court of Jinan City recently made a first-instance judgment on the case and rejected Mr. Zhang’s claim.

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