越来越多外国企业前往中国购买铝锭、钢材等原材料,然鲜为人知的是,有部分供应商,为了吸引买家下单,起初报价很低,但在收到款项后,在履行合同过程中,以各种理由加价或直接少发货。
More and more foreign companies go to China to buy aluminium ingot, steel and other raw materials, What is little known is that there are some suppliers, in order to attract buyers to place orders, the initial offer was very low. However, after receiving payment, during the performance of the contract, with various reasons to increase the price or directly less delivery.
某缅甸企业,对在中国采购非常谨慎。在下单前,对山东某供应商进行充分的尽职调查,包括核实对方在阿里巴巴的店铺、委托第三方实地走访,并签署了较为完善的合同,更是请检验机构监装发货。但对方供应商还是出现了违约行为,擅自改变合同条款,拒绝发货。
A Myanmar company is very cautious about sourcing from China. Before placing an order, it conducted sufficient due diligence on a supplier in Shandong, including checking the other party's shop on Alibaba, hiring a third party to conduct on-site visits, signing a more comprehensive contract, and even hiring an inspection agency to monitor the shipment. However, the supplier still appeared to be in breach of contract, making unauthorised changes to the terms of the contract and refusing to ship.
在私下沟通无果后,该缅甸公司找到我们法律团队,委托我们律师解决该纠纷。在查阅资料及调查对方信息后,我方律师告知客户,存在以下风险点:
第一,对方公司在合同上签署的章与法定公章不符;
第二,对方的收款账户为境外账户。
After communications failed, the Myanmar company contacted our legal team and instructed our lawyers to resolve the dispute. After reviewing the materials and investigating the other party's information, our lawyers informed the client that there were the following risk points:
Firstly, the seal signed by the other company on the contract did not match the official legal seal;
Secondly, the other party's collection account was an offshore account.
为了尽可能保证执行到对方的资产,我方律师在立案的同时积极与法院沟通,由法院查控对方资产,并通过追加对方一人公司的股东及配偶为共同被告,成功冻结到对方财产。
In order to ensure that the other party's assets were seized as far as possible, our lawyers actively communicated with the court at the same time as the case was filed, and the court searched and inspected the other party's assets and successfully froze the other party's assets by adding the shareholder and spouse of the other party as co-defendants.
随着诉讼的进行,对方发现本案对其并不利,在庭审后临时请律师、向法庭递交补充材料,我方律师对此积极应对,一一反驳。
As the litigation progressed, the other party realized that the case was not in their favour and after the trial they temporarily hired a lawyer and submitted additional materials to the court, to which our lawyers responded positively and rebutted each and every one of them.
迫于压力,庭后对方提出调解,我方律师也积极协助当事人与对方达成调解方案,既最大程度维护当事人的合法权益,也成功追回超过21万美元的货款。对此,客户对我方律师提供的法律服务非常满意。
Under pressure, the other party proposed mediation after the trial, and our lawyers also actively assisted the client and the other party to reach a mediation programme, not only to preserve the client's legitimate rights and interests as much as possible, but also recovered over USD 210,0000. In this regard, the client is very satisfied with the legal services provided by our lawyers.