The seller should be good at using the right to stop delivery

The right to stop delivery of its nature, is a legal measure to give the seller an emergency power
Is to make payment of the seller has not yet received the goods the exercise of a lien on the prices of goods. The author believes that international trade buyers and sellers, especially sellers, proper understanding and use of this right is necessary.


Exercise of the right to stop delivery conditions

Not received payment for the seller to stop delivery in the exercise of right, must meet the following conditions:


First, the seller has handed over possession of the goods, but not yet received payment.

"Have not received payment" refers to the full payment has not been paid or reimbursed, or when using money order
Or other negotiable instruments for conditional payment, Although the instrument was accepted, but has been refused or other reasons, so the original can not be achieved, according to the conditions of acceptance. From the seller of goods has been accounted for
There is a seller to exercise the right to stop delivery of the differences with the lien.

Second, the seller must be insolvent when the buyer can exercise the right to stop delivery, and not only
The exercise of its outstanding loans to stop delivery of power.

Identification of insolvency has nothing to do with the payment, the buyer can not be supported by the manner stipulated in the contract
Pay the price, the seller not justify the exercise of the right to stop delivery. China's "Foreign Economic Contract Law" Article 17 provides "conclusive evidence" standard, requiring that one must prove that the other party does not
Or not performing. The following situation can be considered conclusive evidence: the buyer of debt owed to others, or more transfer property to evade the debt, or deceptive acts promise, or mismanagement, serious losses. If the buyer
Made on the performance of the contract fully guaranteed, the seller shall perform the contract. Party will be suspended if there is no conclusive evidence to fulfill the contract shall be liable for breach of contract.


Third, the seller of goods in transit can only exercise the right to stop delivery.

The "transit" There are several circumstances that must be addressed.

1. If the buyer or his agent before the goods arrive at the destination to extract the specified goods
The "transportation" is deemed to have been terminated. But the buyer should pick up in advance consent of the carrier, or they may have been the carrier of the prosecution. Delivery must be voluntary transfer of possession to the buyer without
The carrier agreed to pick up ahead of time, violated the rights of the carrier transport process is not terminated. Inappropriate to refuse delivery if the carrier transport process is terminated.


2. In the cargo arrived at the designated destination, if the carrier, the other trustee or custodian
To the buyer or his agent admitted that he is holding goods on behalf of the buyer or his agent, and as the buyer or his agent, trustee or custodian to continue in possession of the goods, the transport process is terminated. The carrier is often the custodian of the warehouse receipt, especially in the goods to the destination, the buyer of goods pending instructions requested custody of the carrier as its agent of the carrier itself is excellent evidence
Transport process terminated.

3. If the buyer entered into a contract of carriage with the carrier or charter to accept shipments, regardless of
Whether the seller knew the purpose of shipping port, is not entitled to exercise the invoice for the seller the right to stop delivery. The carrier is only an intermediary between buyers and sellers, not necessarily possession of the goods as an agent of the buyer, unless the buyer is the transfer of charter rental, delivery is right after the loss of the seller to stop delivery.


4. If the buyer is the legal transfer of title documents, the buyer or the seller agreed to resell or dispose of the goods
And so will sell the loss of the right to stop delivery. Can be regarded as the seller agreed to resell or dispose of the goods the buyer behavior: the buyer with the seller agreed to receive the payment from the client to pay; the seller claims to represent the first
Second, the buyer kept the goods; the seller accepted the buyer includes the contents of the bill of lading favor the buyer so the second.


Exercise of the right to stop delivery

In order to stop delivery of the right to make entry into force of the law must be paid by the seller has not yet received
Written notice issued by an agent or seller. This notice is given possession of the captain of the cargo, or distributed to the shipping company. If you notice the latter, there must be ample time to make the ship
Company in a timely manner to convey to their staff or agents of implementation. The seller sent the carrier to stop delivery of written notice, the carrier will not be challenging behavior. The ship did not arrive in the middle of the port of destination
That is to recover the direct possession of the goods, or required during the transportation to deliver goods to the seller, if the seller does not stop the delivery of legitimate exercise of the right, should bear the consequences. The carrier has no obligation to investigate whether the seller to stop delivery of the right to stand as long as he confirmed that the seller can stop delivery of power, do not have to ask the seller to produce a bill of lading bill of lading that has not been sold to a third party. However, if
Fruit carrier knows the legal basis for claims of less than the seller, he can not stop the transport of goods.

United States law on the exercise of the right to stop delivery of more stringent requirements:

1. The seller only to the entire vehicle
Bulk cargo ship line to stop delivery of power;

2. The carrier has no obligation to provide instruction in the absence of recovery
Single, or bearer bill of lading, or the exercise of the right to stop delivery of the bill of lading the shipper is not a secret case
Next stop the delivery.

Rights and obligations of the seller

Not received payment for the seller not only exercised the right to stop delivery of goods to regain
Ownership, nor that a lifting of the sale or transportation contract, the seller the right to resume possession until the purchase price. If perishable goods, has informed the buyer and not pay for goods within a reasonable period
Section, the seller the right to sell, although the seller to exercise the right to stop delivery of the right of possession only to restore, but this right in some situations, but to show the nature of certain preferential rights. In addition, the right to stop the delivery is not attached to the mortgagee have a mortgage on the goods. Although subordinate to the carrier the right to stop delivery warehouse custodian or other charges on the goods of persons entitled to possession of a lien, the latter on the former
Have priority in terms of rights, but it does not have the right attached to the carrier the consignee to meet the cost of freight or other general lien. But if the exercise of the right to stop delivery of the right of the carrier
Profit loss, the seller should be responsible for the consequences resulting therefrom. The seller to exercise authority to stop delivery of goods on the goods themselves and no claim of insurance claims. The seller without the knowledge or consent of the buyer not to resell or dispose of goods, the seller lost the right to stop delivery, but the seller was not entitled to receive payment directly from the second buyer. However, if the seller after the exercise of the right to stop delivery of goods will be sold, the buyer when the buyer against the original priority.


The seller is generally believed that the exercise of the right to stop delivery carrier will undertake the following obligations:

1. Or seller to accept delivery or be delivered instructions;

2. Payment or compensation equal to the unpaid freight transport
Charge the cost of damage;

3. If after the exercise of the right to stop delivery without further instructions, the seller should be supported
To pay the costs incurred, such as demurrage, berthing fees.

The right to stop delivery and the contract of carriage

In certain circumstances, during transport, the shipper may request the contents of the contract of carriage
Make certain changes or modifications. But such changes or modifications to the carrier losses, the shipper should bear the responsibility for compensation. Even if the contract with the carrier for the carriage of the buyer, seller or his agent for
The actual delivery person has the right to think that between him and the carrier form the kind of "trust" relationship, to enjoy the "entrusted with the property subject to certain rights of nature, and the exercise of that right and responsible for the consequences."