货物已经到港口,却碰到国外买家“不提货/要打折/破产”怎么办?Goods have arrived at the port, but encountered foreign buyers "do not take the goods / to discount / bankruptcy" how to do?


发布时间:

2019-12-16

货物已经到港口,却碰到国外买家“不提货/要打折/破产”怎么办?某公司外贸业务员,曾经和一个印度买家做进出口贸易,当时合同约定是按T/T(30/70)结算。但是,当这批货物到达目的港之后,印度当地的货代却发现找不到印度买家来提货,所以只能通过中国的供应商,告诉他赶紧让他的买家到港口来提货,令人惊讶的是,深圳这边的供应商居然也找不到那个买家了。无奈之下,只好等那个印度买家来主动联系这个中国供应商。事隔

货物已经到港口,却碰到国外买家“不提货/要打折/破产”怎么办?
某公司外贸业务员,曾经和一个印度买家做进出口贸易,当时合同约定是按T/T(30/70)结算。但是,当这批货物到达目的港之后,印度当地的货代却发现找不到印度买家来提货,所以只能通过中国的供应商,告诉他赶紧让他的买家到港口来提货,令人惊讶的是,深圳这边的供应商居然也找不到那个买家了。
无奈之下,只好等那个印度买家来主动联系这个中国供应商。事隔一个月之后,这个印度买家终于露头了,奇怪的是,他没有立即提货,也没告知中方没有取货和消失的原因,而是这样说:“我们的滞港费很贵的,你赶紧把那批货给我打折处理,否则我就不提货,而且那批货我也不会要了。”
看到这样的邮件,我们这家中国供应商只能打掉牙往肚里咽。无奈之下,为了减少这批货物在印度滞港期间产生的费用,只好被迫接受买家要求,最终把这批货打折卖给了对方。
仔细看这个案例不难发现,严格来讲,这位印度买家也并不算真正的贸易骗子,他并不是不要货,而是希望中国供应商能够打折卖给他,所以一开始的时候他同意预付30%的订金来买这批货。那他后来为什么又以滞港费为由要求我们这家中国供应商打折卖给他呢?
其实这里就牵扯到一个贸易风险的问题,也体现出一个外贸业务员的专业性。对这个案例里的外贸业务员来说,他并不熟悉这里的贸易风险,至少从一开始就应该有防范意识。
不管买家的口碑和信用如何,我们都应做好预防工作。此外,在问题刚刚发生时,他并没有及时作出反应,而这里的风险事实上也是完全可以避免的。
掌握买家特殊政策
在货发出去之后的3-5天可以拿到提单,那么按照他们合同中的付款约定,发货之前预付30%货款,剩下70%的货款则应该在卖方拿到提单并传真给海外买家后就付完。如果算上银行转账时间在内的话,货款从印度境内打到中国,相关的款项最多不超过72小时就会全部到账。
因此,整体上不会超过十天时间,我们的款项就应该全部到账。如果这个时候款项还没到账,就意味着或许会有风险发生,就应引起注意,主动采取措施。
假如十天内我们没收到款项,而这个时候我们的货还在海上,我们第一步应联系货代,要求改单,改consignee。因为早在此之前,印度当地货代有明确规定:如果要改consignee,只能改在印度当地具有注册号的印度买家,这样的话改起来会比较麻烦,限制非常大。但是现在这条规定已经有所放宽,基本上只要改成to order印度货代,也是可以接收的。
所以,在十天内如果我们没有收到相应的回款,便可要求货代改单,改consignee,这是第一步。但是,请注意:货代不是可以无限期地改单,通常货代改单也就是十到十二天的时间,这是最长期限。如果在十到十二天之内,你没有提出改单要求,也就意味着你失去改单的权利。
第二步,如果已无权改单,那就只能要求货代通知船公司,请保留我们的货物滞留在船上,也就是坚持我们的货物不上岸,不上印度海关堆场,只有这样才能保证我们对货物的拥有权。因为我们的货物一旦上岸,进了印度海关堆场,那么这批货就在印度海关的监管范围之内,等到印度海关要对货物实施拍卖的时候,就一点办法都没有了,甚至你想把它拉回中国的可能都几乎为零。
此外,大家都知道有个弃货声明。全球的很多港口都要求:牵扯退货时,原来的买家需签署退货声明,卖家才能把货原封不动地拉回原出口地。像中国和印度就有弃货声明的要求。也就是说,我们的货物一旦进入印度海关的监管范围,要想把货物拉回,就必须征得原来买家的同意,在确认对方已经不要这批货后,我们才能将货拉回。这样会非常麻烦和繁琐,手续费也会更高昂。
除了要求货代改consignee,亦或要求船公司我们的货物不上岸外,在最初谈判付款方式的时候也是可以多做争取的。尤其是像印度这种信誉度不高、风险又非常大的买家,收款的问题尤为重要。比如可以采取稳妥的付款方式,比方说采取全额T/T,虽说这种付款方式较难争取,但不是完全没有可能,机会在于人的把握。
案例中的这位买家,之所以“诡计”得逞,其实与其海关的特殊政策也是有关的。印度海关规定:若长期无人认领的,滞留在港口的无主货,可由海关实施拍卖,且货物原买家拥有优先竞拍权。就是说,如果原来的印度买家在没人跟他竞拍这批货的时候,便可一人独得。即便是在有人跟他一起竞拍的情况下,他也可以优先取得。
我们常说,全球各国买家的特点是不一样的,阿拉伯商人尤其善于讨价还价,印度商人也是出了名的砍价王。所以,也正是这样一条政策,给了想要投机的某些印度商人提供了可乘之机。
 
有效投诉与求助
回过头来再次分析这个案例,如果真的遇到这种事情,可以跟他玩心理战。首先找出对方的软肋。
 
案例中的买家在货物抵达印度港口后,并没及时去提货。在货代和卖方联系他未果期间,他发现对方也没有采取任何有效措施。所以,他就和中国供应商故意玩起消失,企图以此造成一种滞港费已经出现不得已的局面,甚至想把消息封锁起来。
 
这种情况其实是因为中国供应方经验不足而造成的。如果我们对当地政策有所了解,并且在与印度买家失去联系的第一时间找到其他印度买家,及时把consignee改成另外一个印度买家,那么这个印度买家还真的会继续玩消失吗?显然不可能。
 
所以这种情况下,我们能做的就是尽量把这个消息扩散开,他想玩封闭策略,那我们就玩开放策略。但是,因为印度市场相对比较集中,怎么把这个消息广而告之也是一个问题。
 
这时,就应该利用印度的行业协会,和中国的协会不同,其职能非常之大。通过行业协会,就可以找到相应的有购买力的买家。同时,通过这样的消息传播,对于我们来讲,也是一种广告效应。
 
另外一种方法,我们可以投诉,向比较有实权的机构投诉,比如行业协会。我们可以把这个消息以邮件或者正式公文的形式,正式通知对方,告诉他:“你这种行为已经引起我的激愤,如果在几天内你不解决的话,我将把你这种行为投诉给你们当地行业协会。同时,我还可以将你这种行为投诉到中国当地的贸促会,将来你再来实施采购计划时,可能连人都进不到中国境内。”
 
曾经就有一个深圳老板,以这样的形式把一位有欺骗嫌疑的印度买家投诉到当地的电子消费行业协会,同时又抄送给当地的贸促会,当那个印度买家得知这个消息后,没出3天,立马就把尾款打了过来。
 
所以我们经常说,要投诉,不是投诉无门,而是要投诉到有实际权力的有效部门,这个很关键。由此看出,在跟这样不良的印度买家进行贸易时,我们要具备基本的贸易措施。
 
提醒我们中国出口企业,在跟这些风险比较高的买家进行贸易合作时,一定要提防对方的政策漏洞,避免给我们造成风险。
Goods have arrived at the port, but encountered foreign buyers "do not take the goods / to discount / bankruptcy" how to do?
A company's foreign trade salesman, once and an Indian buyer do import and export trade, when the contract is t / t 30 / 70 settlement. However, when the goods arrived at the port of destination, the local freight forwarder found that he could not find an Indian buyer to pick up the goods, so he had to go through the Chinese supplier and tell him to hurry his buyer to pick up the goods at the port. Surprisingly, even the supplier in Shenzhen couldn't find the buyer.
But, I had to wait for the Indian buyer to contact the Chinese supplier. A month after the incident, the Indian buyer finally showed up. Strangely, he did not pick up the goods immediately, nor did he inform the Chinese side of the reasons for not picking up the goods and disappearing Instead, he said, "our demurrage is very expensive. You give me a discount on the goods, or I won't take the goods, and I won't take the goods. "
To See such an E-mail, our Chinese suppliers can only blow out the teeth to swallow. In order to reduce the cost of the goods during their stay in India, they had to accept the buyer's request and finally sold the goods to the other side at a discount.
A close look at this case shows that, strictly speaking, this Indian buyer is not a real trade cheat either. He does not want the goods, but hopes that Chinese suppliers will sell them at a discount So at first he agreed to pay a 30% down payment for the goods. Then why did he ask our Chinese supplier to sell it to him at a discount on the ground of demurrage?
In fact, there is a trade risk involved here, and also reflects the professionalism of a foreign trade salesman. For the foreign trade salesman in this case, he was not familiar with the trade risks here, at least from the beginning should have a sense of precaution.
Regardless of the buyer's reputation and credit, we should do a good job of prevention. Moreover, he did not react in time to the problems at the outset, and the risks here were, in fact, entirely avoidable.
Know the buyer's special policy
The bill of lading is available 3-5 days after the delivery of the goods. Then, according to the payment agreement in their contract, 30% payment should be made in advance before delivery, and the remaining 70% payment should be made after the seller gets the bill of lading and faxes it to the overseas buyer. If the time of bank transfer is included, the money will be sent from India to China, and the related money will be received within 72 hours at most.
Therefore, on the whole, it should not take more than ten days, and all our money should be received. If the payment has not been received by this time, which means that there may be risks, it should be noted that the initiative to take action.
If we do not receive payment within 10 days, and this time our goods are still at sea, we should contact the forwarder, request to change the order, change consignee. Long before that, local freight forwarders in India had made it clear that if consignee was to be changed, it would have to be to a local Indian buyer with a registered number in India, which would be difficult to change and would be very restrictive. But now this rule has been relaxed, basically as long as to order Indian freight forwarding, is also acceptable.
Therefore, if we do not receive the corresponding payment within 10 days, we can request the forwarder to change the order, change the consignee, this is the first step. However, please note: Freight forwarders are not indefinitely change the order, usually freight forwarders change the order is 10 to 12 days time, this is the maximum period. If you do not request a change of order within ten to twelve days, you lose the right to change the order.
Second, if we have no right to change the order, we can only ask the forwarder to inform the shipping company, please keep our goods on board, that is to say, insist that our goods are not landed on the Indian Customs Yard It's the only way to guarantee our ownership of the goods. Because once our goods are landed and entered the Indian customs yard, then the goods will be under the supervision of the Indian Customs. When the Indian customs wants to auction the goods, there will be nothing to be done Even the chances of you dragging it back to China are slim to none.
Besides, everyone knows there's a disclaimer. Many ports around the world require that, when it comes to returns, the original buyer signs a return statement so that the seller can return the goods to their original place of export intact. China and India, for example, have a waiver requirement. That is to say, once our goods have entered the Indian customs control area, in order to pull the goods back, we have to ask for the consent of the original buyer, after confirming that the other side has not wanted the goods, we can pull them back. This will be very troublesome and cumbersome, and the handling fee will be more expensive.
In addition to requiring the forwarder to change consignee, or the shipping company not to land our goods, payment terms can be negotiated in the initial time can also do more to obtain. The issue of collection is particularly important for buyers like India, who have little credibility and are very risky. For example, we can take a safe payment method, for example, to take the full t / T, although this kind of payment method is more difficult to obtain, but not completely impossible, the opportunity lies in the person's grasp.
The buyer in this case, the reason for the "trick" to succeed, in fact, and its customs special policy is also related. Indian customs rules: IF THE LONG-TERM UNCLAIMED, stranded in the port without the owner of the goods, the auction can be carried out by customs, and the original buyer of the goods have the right of priority auction. That is, if the original Indian buyer could have the whole lot to himself when no one else was bidding on it. Even if someone else bid with him, he would get first dibs.
It is often said that buyers from all over the world are different, that Arab traders are particularly good at bargaining and that Indian traders are also famous bargainers. So it is this policy that has given some Indian businessmen who want to speculate an opportunity.
 
Effective complaints and requests for assistance
Go back and analyze the case again, if it really happens, you can play psychological warfare with him. First, we find each other's soft spots.
 
The buyer in this case did not pick up the goods in time after they arrived at an Indian port. During the unsuccessful contact between the forwarder and the seller, he found that the other party did not take any effective measures. So, he and the Chinese supplier deliberately play disappeared, in an attempt to create a stagnation fee has been unavoidable situation, even want to keep the news closed.
 
This situation is actually caused by the inexperience of Chinese suppliers. Would an Indian buyer really continue to disappear if we knew a little bit about local policy, found another Indian buyer the first time we lost contact with an Indian buyer, and changed consignee to another Indian buyer in time? Apparently not.
 
So in this case, all we can do is spread the word as far as we can. He wants to play the closed game, we play the open game. However, because the Indian market is relatively concentrated, how to spread the news is also a problem.
 
At this point, India's trade associations, unlike those in China, should be used for very large functions. Through the Trade Association, you can find a corresponding buyer with purchasing power. At the same time, through the dissemination of such information, for us, is also an advertising effect.
 
Another way, we can complain, is to complain to a more powerful organization, such as a trade association. We can officially notify the other party of the news by mail or official documents Tell him: "Your behavior has aroused my indignation, if you do not resolve within a few days, I will take your behavior to your local industry association. ". At the same time, I can complain about your behavior to the local CCPIT, and you may not even be able to get into China when you come back to implement your purchasing plan."
 
There was once a Shenzhen boss who, in this way, complained to the local consumer Electronics Industry Association about a suspected fraudulent Indian buyer, and at the same time copied it to the local trade promotion committee. When the Indian buyer learned the news, within three days, I sent the rest of the money right over.
 
So we often say, to complain, not to complain no way, but to complain to the effective departments with actual power, this is the key. It follows that we need to have basic trade measures in place when trading with such undesirable Indian buyers.
 
Remind us that China's export enterprises, in trade cooperation with these high-risk buyers, must be wary of the other side of the policy loopholes, to avoid the risk to us.
 

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