Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

Regards

Rana

I think you problem is how to ensure this factory will ship collect goods to you, after you send the rest 70% to them, and it is stupid to ask this factory for returning the 30% deposit to you when the order confirmed and the payment was done, as they will never refund to you if there is no major mistake.

But, I have two suggestions to you as below:

1) request your Yiwu suppliers or friends to this factory to perform inspection, check quality, quantity, packing, color box, shipping mark etc. Whether all of them are correct, afrer that, you send the rest 70% to this factory and request this factory to help you to ship these goods out to you.

2) if you supplier or friends is not available, you can ask SGS ( a third party ) to perform inspection, but you need to bear the SGS charge. As SGS will work this for you, not for this factory. After the inspection and all of them are correct, and you send the rest 70% to this factory, and then request them to assit you to ship these goods to you.

It is just my opinion, hope it can help to solve this problem.

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana

 

 

The seller is in breach of contract for refusing to provide the BL to enable you to pay. This breach is so serious that is called repudiation of contract - the seller has repudiated its most fundamental obligation to provide the BL.

In contract law, when repudiation happens, you must do one of only two things. Either terminate the contract and sue for damages or demand "specific performance". You can lose many of your contractual rights if you start openly negotiating other conditions to settle the matter. "Openly" means where you negotiate without making the negotiation "without prejudice". 

If there is much money involved here you should write and say something like this: We now demand specific performance by you of all the conditions in our agreement including particularly that you provide the Bill of Lading to enable us to pay you. We request your immediate confirmation that you will provide the BL. Failure on your part to perform will lead to termination of the contract and legal proceedings for recovery of our losses including our loss of profit on the transaction.  

If you have any concerns about our payment we will WITHOUT PREJUDICE negotiate an alternative payment arrangement with you provided we are 100% assured we will receive the goods upon payment. This without prejudice offer to negotiate is open for only the next 7 days.

It is critical to conduct your negotiations "without prejudice" otherwise, in contract law, you are surrendering your contractual right to receive the BL before you pay (which may be important if legal action starts).  

Pre-inspection, as other members mentioned, is of course vital. This is a classic case for Ranger's senario his 100 Point topic elsewhere on this forum page. 

Personally, in this situation, I would offer without prejudice to pay the 70% balance into the trust account of some 3rd party trusted by both sides (for example, a mutually agreed HK law firm) to be released upon satisfactory pre-shipment inspection and receipt of the BL by the lawyer.

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana

 

 

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana

 

 

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana

 

 

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana

 

 

Quoting from [Usman0]:

Dear members.

I make a contract with a imp & exp co. in  ningbo. give them 30% deposit and balance against copy of BL we agreed both. 40HQ container 1st and trail orderi placed

when delivery date come factory now demanding before shipment balance, We us eour shipper for cheap freight. may be this is buyer's problem, i ask them to use any shipper

- i ask factory to ship and use his own agent i have no problem and pay him balance within 3 days after shipment BUT THEY REFUSE

- i ask them to give goods to any shipper warehouse i will pay them balance, BUT THEY REFUSE AND DEMAND BALANCE BEFORE

- I ask them give goods on board i will pay balance then THEY REFUSE

- They make our goods even i check picture and samples of box designs and product also. they ask me if i not give them money they will sale in yiwu

- I have suplier in yiwu doing business with that supplier from last 4 years. I ask ningbo factory to take goods in yiwu and take cash from that supplier give them our goods. BUT AGAIN THEY REFUSE and DEMANDING FOR BALANCE.

- I dont know why that factory not coming on any point for business. When i ask them to give me deposit 30% back they again refused. and says they make our goods.

-these are summer season product if late it have to hold for next season, money blockage also

- i want to get goods but i have no trust on factory that they will give me goods after balance payment.

- also not giving my deposit back to me. PLEASE HELP ME IN THIS PROBLEM

how i can get my deposit back from that company even i not break contract. That factory break the contract Many risk for me n doing business in CHINA

ITS SO URGENT my directors asking me this is mine problem. an mistake of mine,

PLEASE GIVE ME GUIDANCE HOW I CAN DO IT? KINDLY PROMPTLY GIVE ME ITS SO URGENT

I WILL BE VERY THANKFUL TO ALL MY SENIOR MEMBERS OF ALIBABA.

 

Regards

 

Rana