Successfully settle the aluminum cargo dispute

In August, 2024, the seller issued the Proforma Invoice to buyer with invoice. The invoice stated that the goods were aluminum foils. The amount was 98,690 USD, Price term: CIF New York Port. Payment of term: T/T 30% deposit, 70% against LC at sight. Delivery time: 15 days after receiving the deposit. The buyer paid supplier the deposits according to agreement, but the supplier did not delivere the goods as agreed and unilaterally raised the price of the goods, which constituted a serious breach of contract. The supplier did not want to proceed on the trade business with the supplier. After we attorney contacted with the supplier for pushing them settlement, and informed them the violation of agreement seriously, after several negotiations, the supplier refunded the deposit to the buyer on time.

According to Civil Code of the People’s Republic of China, Article 509, the parties shall fully perform their respective obligations as contracted. The parties shall comply with the principle of good faith, and perform such obligations as sending notices, rendering assistances, and keeping confidentiality in accordance with the nature and purpose of the contract and the course of dealing. Article 601 A seller shall deliver the subject matter at a time as agreed in the contract. Where a time period for delivery is stipulated in the contract, the seller may deliver the subject matter at any time within such period.