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When Things Go Wrong in China

This page covers the four things that go wrong most often: goods that do not match, money sent to the wrong place, goods held at customs, and a person in trouble in China. For each one, it says who to take it to. It is part of our China sourcing series. It is not legal advice. For a real case, talk to a lawyer in the city where the problem sits.

What do you do in the first hour when the goods do not match?

Your order, your consignee, your name as the buyer on the contract. The checking is yours too: nobody stands between the factory and you. You run the batch against the sealed sample before it ships, and when it does not match you refuse it — the goods do not travel. If an agent runs the order, that check is the agent's job; and a mismatch usually only reaches you after the carton is open. The claim is yours to bring either way, because the contract is in your name.

Then the first hour looks like this. Stop, film, and write. Do not sign a clean receipt, do not move the goods into your own stock, and do not accept a promise on the phone.

If the value is large, book a third-party inspection. Inspection companies such as SGS, Bureau Veritas, TÜV or CCIC issue a report you can put in front of a platform or a court. A report usually takes several working days in our experience, so start it early. Nobody issues a report for you unless you buy one. What you can produce yourself is a self-check record: the items checked, the number for each one, and who signed it. The sample guide covers how to seal and store the reference unit.

Who do you take it to: the supplier, the forwarder or the platform?

Take a quality or specification problem to the supplier. Take a transport or short-shipment problem to the forwarder. Take a payment problem to the platform, the bank and the police, in that order.

Escalate in three steps: written notice to the supplier, then a third-party report, then the dispute clause in your contract. A supplier who sees a report and a deadline answers differently from one who sees a complaint.

What can you do in the first 24 hours if the money went to the wrong place?

Call your bank first, then the receiving bank, then the police. Speed matters more than the wording of the email.

One preventive check is worth more than all of this: the company name on the PI, on the bank account and on the business licence must be the same. Our guide to paying a Chinese supplier covers the checks.

What do you do when customs holds the goods?

Call the customs broker first. The broker or the forwarder holds the file, and the notice tells you which rule was triggered.

Time cost, in our experience: a document check is days, a physical inspection is one to two weeks, and a penalty case runs for months. Add storage fees for every day. The customs and duty guide covers the declaration side.

What do you do if you lose your passport or get sick in China?

Report the loss at a police station, then go to your embassy or consulate for a travel document. For a medical problem, go to a public hospital with an international department and call 120 for an ambulance.

When is it a police matter, and when is it a civil case?

The police handle crimes and public order. They do not handle a supplier who took your money and shipped late.

Where does a commercial dispute actually go?

It goes where your contract says. With an arbitration clause, it goes to arbitration. Without one, it goes to a people's court.

This page describes general procedure. It is not legal advice, and it is not a prediction of any case. For a real dispute, consult a lawyer in the city where the supplier or the goods are.

Do-this checklist

  1. Film the unopened carton in one continuous shot.
  2. Do not sign a clean receipt for a damaged or wrong delivery.
  3. Keep the bad batch separate and count it per carton.
  4. Put the approved sample photo next to the delivered unit in one frame.
  5. Write the defect list with numbers, not adjectives.
  6. Send the written notice within 24 hours and set a deadline.
  7. Book a third-party inspection early when the value is large.
  8. Call the bank within the first hour of a wrong payment.
  9. Get the customs notice in writing before you argue about the reason.
  10. Report a lost passport at a police station, then go to your embassy.
  11. Call 110 for fraud, theft or threats; call 12345 for an economic dispute.
  12. Read the dispute clause in your contract before you sign it.

Sources

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