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Importer newbie may have messed up. You decide
Post 1 of 2
importernewbie
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Okay guys I need to know some info about proforma invoices.  Here's what happened:  My husband and I went to a Hong Kong supplier.  We picked out some merchandise with the intent of placing an order at a later date.  What we wanted and requested was a quote with a list of the items we wanted so that we could place the order from the US when we returned home.  The exporter drew up a proforma invoice.  I was not familiar with this document.  We were very upfront about the fact that we were still meeting with other suppliers and had not made up our minds to actually do business with this exporter.  After drawing up the proforma invoice, the exporter asked me to sign it.  I was very reluctant, and asked whether this was any type of binding document.  The exporter said "it means nothing, it is simply protocol to show who we have been working with."  I signed it, which may not mean anything at all because I am not the owner of the business (my husband is).  There is also one other buying party listed on the invoice who did not sign as well.  Later the exporter sent me a typed "final proforma invoice." It had differences from the first invoice (the one I signed) which the importer called a "draft".  Apparently, there were several duplicate items on the handwritten "draft" invoice that I signed.  Those were removed on the typed final invoice.  I do not wish, nor did I ever  wish to be bound by this or any other document at this stage.  I did not sign the final typed proforma invoice.  In fact, I emailed the exporter and told her that I rejected it.  If we do decide to go forward, there are changes we would like to make.  I realize now that I should have not signed the first document if I was unsure of its significance.  Am I in any legal trouble here?  Is this importer acting properly by drawing up this formalized of a document at this stage?  Please help here as I am very worried about the course of this transaction.
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06 Nov 2009 23:44
Post 2 of 2
A Proforma Invoice is legally binding when it is signed. It becomes a legal document that can hold up in court.

In trade transactions, a pro forma invoice is a document that states a commitment from the seller to sell goods to the buyer at specified prices and terms. It is used to declare the value of the trade. It is not a true invoice, because it is not used to record account receivable for the seller and for the buyer.

Sales quotes are prepared in the form of a pro forma invoice which is different from a commercial invoice. It is used to create a sale and is sent in advance of the commercial invoice. The content of a pro forma invoice is almost identical to a commercial invoice and is usually considered a binding agreement although the price might change in advance of the final sale.

Unfortunately you might be locked into that error unless you can show that this was a clear error and does not normally occur in this deal or transaction. Of course if the contractor agrees that it was an error then you will not be locked in and can change it. However if they relied on the error then you are locked in.



12 Nov 2009 05:16
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