I had a bad deal with a polish company.What I say is true,unless I will die in few seconds.We are manufacturer in chemical glow sticks.I received an inquiry from Global-Import company about glow stick.


Global-Import

Piotr Krolczyk

Jagiellonska 66/4A

Nowy Sacz

Poland

Attn:Monika

        I sent her our samples and her client agreed our product.The very important,I sent her samples which attached a red cord.That 's our common product.Her inquiry picture without any red cord and she didn't tell me the glowstick must attach a red cord. And I didn't confirm it with her.Frankly speaking,we can attach the red cord for free.

       After we finished the product in short time,she told me that the goods would be shipped at twice,15000pcs by air,30000pcs by sea. 15000pcs was shipped very well and we got the balance. The sea transport was delayed for DHL here can book the earliest ship was 1 June.It was unacceptable for her because the goods couldn't arrive on time.So she had to choose air without other way.I promised usd100 as discount kindly because I thought she had to afford high freight. When she got the 15000pcs sticks on 29 May,she found the sticks without red cord and called me to send the red cord by express.We send out over 45000pcs the red cords on 30 May.At this point,she knew that the last 30000pcs would come without red cords. The goods was in our warehouse then.She didn't stop us transport the last 30000pcs.If she did,we could do it by ourselves. Maybe I am a new player in this game,or I trust her ,we sent out the last 30000pcs by air without getting back the balance for 30000pcs sticks.She said they would transfer the balance after we send them bill of loading.In those days,she never said they would not pay the balance.When she got the problems in custom in Poland,she also asked me to send her CE certification for glowsticks,for custom need it and I sent it.. In the next few days,I sent her e-mail for asking whether they got the goods successfully,but no one answer and I made a call to her.It was message voice,I left a message that let me know how about it and reply me by email. After several days silence,I got an bad e-mail for us,they wouldn't pay us the balance.The only reason we sent her uncomplete product, she refered to red cords. I can't find a word in her e-mail that they want the sticks attaced a red cord. She gave me the reason that we sent the samples with red cord and our picture we sent her wih red cord. I said that our product,may it gave her wrong directions. Now,what should I do? Just be a loser ?They got the goods without paying the balance for 30000pcs,about usd3500.Whatever I said to her,I got the same answer,Don't blame me for your fault,it is all your fault.The business is over for her. Is that the right attitude towards the problems? Can she deduct all the balance by single side?What would you do if you were in such a situation  ?Any ideas and advice,I will thank you very very very much!

Jacky

 

 

Yiwu Hengliang Toys Co.,Ltd

 

It seems that you are really a newbee in international trade even on trade terms, how possible to send the buyer the B/L without receipt of the balance!

And your work is not careful enough, a red cord you said on the products, you really done the terrrible work.

It is almost no way for you the get the money back. unless to get into international lawers from their end for trying, but you have mistake on goods, this is also make you not easy to get the money. they have the execuse to refuse payment.

As matters presently stand it is only a civil dispute. However, you might consider trying to turn it into a criminal matter because Poland, as an EU member, will investigate fraud, Her true intent is obviously fraud (otherwise she would have asked you to take the goods back and return her deposit/airfreight). Here's how you turn it into a criminal matter ... first, by email, deny that you are in breach of contract but offer to repay her deposit/freight if she allows you get somebody in Poland to firstly check that she has not sold the goods. If she refuses that offer, you then have a case against her for fraud which you can report to the Polish Police. If she accepts your offer, just walk away and forget her.  That's the sort of treatment this smart-ass Polish lady deserves.    

Quoting from [Elecpack]:

It seems that you are really a newbee in international trade even on trade terms, how possible to send the buyer the B/L without receipt of the balance!

And your work is not careful enough, a red cord you said on the products, you really done the terrrible work.

It is almost no way for you the get the money back. unless to get into international lawers from their end for trying, but you have mistake on goods, this is also make you not easy to get the money. they have the execuse to refuse payment.

Thanks for your comment, Elecpack!

         I think you don't undertand my situation. I send her samples with cord and it is our standard product.Glowsticks come with cord or not,it is up to client.She sent me inquiry picture without cord.Also I sent her invoice ,which said,45000pcs glowsticks,unit price,1c logo,not mention the cord.She agreed it by return e-mail and paid us 30% deposit.She never mentioned that glowstick would come with cord,never,even a word. When you buy something,will you let your supplier konw it clearly how about the product? how many parts make up of it?

Those goods were sent at twice by air. After I sent 15000pcs and sent her B/L,she arranged the balance for 15000pcs at once. And when she got the 15000pcs in Poland,she found the glowstick without cord and asked me to send her cord at once.We did it the next day.It doesn't mean it is my fault.

    As I say,I am new player. We should not send her goods without getting back the balance for 30000pcs glowsticks. It put us in disadvantage position.She got the goods and also she hold the money.Whether pay for it,it is up to her will. Now,whatever i say, I get the same answer.Don't blame me for all your fault.

     Yes,be true,she is the winner in the case. I will learn much for it.

 

Quoting from [Aussie]:


As matters presently stand it is only a civil dispute. However, you might consider trying to turn it into a criminal matter because Poland, as an EU member, will investigate fraud, Her true intent is obviously fraud (otherwise she would have asked you to take the goods back and return her deposit/airfreight). Here's how you turn it into a criminal matter ... first, by email, deny that you are in breach of contract but offer to repay her deposit/freight if she allows you get somebody in Poland to firstly check that she has not sold the goods. If she refuses that offer, you then have a case against her for fraud which you can report to the Polish Police. If she accepts your offer, just walk away and forget her.  That's the sort of treatment this smart-ass Polish lady deserves.    

Dear Aussie,

       I  think it is a obviously fraud.Plese be patient and let me explain it for you.In her e-mail,never mentioned that glowsticks would come with cord. I sent her invoice which said,45000pcs glowstick,unit price,1c logo,not metion cord.She agreed it by return e-mail and paid us 30% deposit the next day.

        Those 45000 were sent at twice by air.15000pcs was sent from Beijing ,I sent her B/L,she paid balance for 15000pcs the next day. When she got the first 15000pcs,she found that glowsticks without cords and asked me to send her cords.We did it the next day.At this point,the rest 30000pcs were in our warehouse.She could asked me to tie cords to glowsticks again,or she could tell me that they wouldn't accept those product,so we would not send them,but she did not.

          The most important,I should not send her goods without the balance for 30000pcs.When she met problem in Poland custom,she asked me to send her CE certification for glowsticks.At the same time ,I asked her to arrange the balance for 30000pcs. She told me that the case was overbudgete and she would have a meeting with her partner.When she got the goods,I sent her several e-mails for inquirey whether they had got the goods form custom.It was silent, no reply. I also made a call,no one answered,it asked me to leave a message.  About 5days later,she threw me an e-mail that they would not pay the balance. I have tried to consult with her whether we can get less money,it failed.Now whatever I say,I get the same answer.Don't blame me for all your fault. The case has transfered to accountant.I am quite busy.So it means the case is over for her. But it left me a lot,we spent over one month on it,no profit,but to lose usd2900 on cost.It is a bad action,a irresponsible company!

   I have learned much from this case. Thanks to you,Global import.