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Win the case of non-delivery of goods

In February of this year, purchaser from New Zealand purchased machines from China supplier, DY factory. And the supplier issued the invoice. The payment term 30% deposit, before shipping pay 70% balance. And, purchaser paid deposit 156000 usd to supplier. The delivery date will be 60 days after receive the deposit. When the delivery time was coming, the supplier said because of high cost of raw material, this was constituted of force majeure. They did not agree to deliver goods. The purchaser pursued legal help from our law firm.

After we reviewed this case, and submitted this dispute in court. In court hearing, we argued that since both parties had reached agreement for the price, the supplier shall perform their duties. And the price of raw material had increased in this year. This was commercial risk. The supplier shall anticipate the fluctuation of goods price. This was not force majeure. The judge agreed with our opinion, under the settlement of court, the supplier refunded all payment with huge compensation to client.



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