What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

Please provide more background information of your situation and I may be able to help you.  Contact me on TM.

 

 

You should have done the deal outside alibaba.com rather than exposing yourself to risk online.Can't you afford to travel to see the chinese company.

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-


Since you are located in the US, the United States Court of International Trade is one venue of jurisdiction.  A second venue would be the International Chamber of Commerce.  You can arbitrate your case before a referee.

No Dan, that is incorrect and you obviously have no experience in mainland China law.

1. You cannot put a dispute with a mainland China party to arbitration unless your sales contract contains an Arbitration Clause specifying the exact arbitration body who will determine any dispute. The Chinese party may of course agree to arbitration if the contract does not contain an arbitration provision but getting such agreement after the contract is made is unlikely. 

2. Broadly speaking and unless your contract contains provision to the contrary or other special circumstances apply, only a mainland China Court can hear a complaint against a local Chinese party. Generally, a special class of local Court, located near the mainland China party, geared to determine disputes with foreign complainants will hear the case.  

No Dan, that is incorrect and you obviously have no experience in mainland China law.

1. You cannot put a dispute with a mainland China party to arbitration unless your sales contract contains an Arbitration Clause specifying the exact arbitration body who will determine any dispute. The Chinese party may of course agree to arbitration if the contract does not contain an arbitration provision but getting such agreement after the contract is made is unlikely. 

2. Broadly speaking and unless your contract contains provision to the contrary or other special circumstances apply, only a mainland China Court can hear a complaint against a local Chinese party. Generally, a special class of local Court, located near the mainland China party, geared to determine disputes with foreign complainants will hear the case.  

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

we are sorry to here your bad news , we think you should plaster the company name on this site also contact china emberseey  in your country because they ar45e trying to stop this type of thing happening..... good luck!!!!!!

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

Sir,

Awfully sorry about plight!

Maybe we can help with several good associates we have in China and government offcials.

Kindly send all details to our main email address gramecorp@gramecorp.com and we will revert.

Regards and best of luck from now on!

GRAMECORP

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

There are 3 information which you must answer or provide in order that we can help you if you have a viable case :

     (i)  When was the date you last discovered that you have been :"ripped-off"?  That means the date you notice the abnormalty and contact your supplier.  If the period is less than 2 years, then in Chinese law, you have a chance of addressing your case,

     (ii)  Even if you mentioned that you do not have a contract with this supplier, do you still keep records of your correspondences, Purchase Order for this goods, Receipt or Acknowledgement of their acceptance of your payment, Packing List, Invoice, Bill of Lading as well as your e-mail to this supplier upon your discovery of this scam?  These documents and information can still be use in the jurisdiction of the law.

     (iii)  If the lawyer assess that your a good chance of fighting your case, are you willing to make a visit to China to accompany the lawyer to stake your claim?

if you answer to the above three points are yes, then we may be able to help you.  Please contact me on TM.

Best Regards.

Nickedome

 

 

 

 

Quoting from [abebigcat]:

What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

So ,

how to prevent such things from happenings?

Quoting from [abebigcat]:


What can I do about a China company that ripped me off- I sent them over 350k US Dollars and have not received about 70k of goods- Any help will be greatly appreciated-

You need an international lawyer and you might want to fly there and confront them over the matter also try the US consulate or embassy for business relations