Payment Sale

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📖 Detailed Explanation

"Payment Sale" is not a standard term in international trade. It usually refers to a situation where the buyer fails to pay for the goods as stipulated in the contract, and the seller, in order to mitigate losses, resells the goods to a third party or disposes of them at a reduced price. This term is commonly seen under payment methods such as letters of credit, documentary collections, or open account. When the buyer defaults (e.g., refuses to pay, goes bankrupt), the seller exercises the right to dispose of the goods. Usage scenarios include: buyer rejects goods, buyer delays payment, buyer becomes insolvent. Precautions: The seller must ensure ownership or lien over the goods, notify the buyer before resale and keep evidence to avoid legal disputes; also pay attention to whether the resale price is reasonable to prevent accusations of malicious low-price disposal. The difference from "Resale" is that "Payment Sale" emphasizes forced disposal due to buyer's non-payment and has the nature of a default remedy, while "Resale" may be a normal commercial act. Unlike "Auction," disposal does not necessarily go through public bidding. Foreign trade practitioners should clearly stipulate default disposal clauses in contracts and insure credit insurance to reduce risks.

📝 Examples

1. Because the buyer failed to pay and redeem the documents within the validity period of the letter of credit, we had to conduct a payment sale of this batch of goods to recover part of the cost. (Note: Buyer's default forced the seller to resell the goods.) 2. Under documentary collection, if the buyer refuses to pay, the bank can assist the seller in conducting a payment sale of the goods, but the seller must bear the price difference loss. (Note: The seller's disposal method when the buyer refuses payment under collection.)

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