Delay in Delivery

Delay in Delivery refers to the seller's failure to complete the delivery of goods on or within the delivery date or period stipulated in the contract, and is a common breach of contract in international trade. Use scenarios include: buyer urging shipment, claim negotiations, disputes over discrepancies in letters of credit, and delays caused by production or logistics abnormalities. Points for attention: First, a distinction should be made between "delivery date" and "shipment date." Under FOB/CFR/CIF, the shipment date is the delivery date, while under DAP/DDP, the delivery date refers to the arrival time. Second, delays may be caused by force majeure, shortage of raw materials, changes in shipping schedules, customs inspection, etc. Contracts usually stipulate a grace period and the percentage of liquidated damages. Third, the buyer should promptly issue a notice to urge delivery and preserve evidence, avoiding being deemed to have agreed to an extension due to silence. Compared with "Late Shipment," Delay in Delivery covers a broader scope, including production delays, inland transportation delays, etc. Unlike "fundamental breach," a minor delay usually does not constitute grounds for contract termination, but may trigger penalties. In practice, it is recommended to clearly specify the delivery date, grace period, liquidated damages, and force majeure clauses in the contract, and to purchase cargo insurance to diversify risks.