Order Down Payment refers to a portion of the payment that the buyer pays in advance to the seller after the contract is signed and before the goods are produced or delivered, according to an agreed percentage, usually 10%-30% of the total order amount. Its core functions are to lock in the transaction, share risks, and serve as a guarantee of the buyer's performance. Use cases include: customized product production, large orders, cooperation with new customers, or when the buyer's credit is unclear. Precautions: 1) The down payment percentage must be negotiated by both parties; too high may affect the buyer's cash flow, too low may lose its binding force; 2) It should clearly stipulate whether the down payment is refundable, whether it offsets the balance, and how default is handled (e.g., the 'deposit penalty rule' may apply); 3) It must be distinguished from 'earnest money'—earnest money is usually refundable and has no guarantee nature, while a down payment has legal guarantee effect; 4) It differs from 'advance payment'—advance payment is part of the goods payment paid early and has no punitive nature, while a down payment is non-refundable if the buyer defaults and must be returned double if the seller defaults. In addition, in international trade, attention should be paid to differences in how different legal systems recognize down payments; it is advisable to specify the applicable law and dispute resolution method in the contract.
📝 Examples
1. According to the contract, the buyer shall pay a 30% order down payment within 7 days after receiving the proforma invoice, and the remaining 70% against a copy of the bill of lading. (Note: This clarifies the down payment percentage and payment conditions, with the balance tied to documents.)
2. Because the order is for customized products, the seller requires the buyer to pay a 50% order down payment first to start production; otherwise, production will not be scheduled. (Note: In customized scenarios, a high down payment covers upfront costs and reduces the seller's risk.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
For unfamiliar terms, use GlobalSync's multilingual email helper to confirm with your partner