If the seller fails to deliver the goods after signing the sales contract, whether he can claim liquidated damages depends on the agreement of both parties. Liquidated damages are punitive, not based on the premise that the non-breaching party suffers losses. Even if you can't claim liquidated damages, you can claim actual losses. If both parties agree in the contract that the seller has liquidated damages for late delivery of the subject matter, the seller shall pay liquidated damages to the buyer; If there is no agreement on the amount of loss or the calculation method of loss, the buyer may be compensated for the loss according to the agreed amount or method; If there is no agreement on liquidated damages, loss amount or loss calculation method, the seller shall compensate the buyer for the loss proved by evidence. If the seller fails to deliver the subject matter within the time limit, the buyer may require the seller to continue to perform the obligation of delivering the subject matter; If the seller is unable to continue to perform or meets other conditions stipulated by law, it may continue to perform without application, and the buyer may request to terminate the contract and ask the seller to bear the liability for breach of contract for the undelivered subject matter. When the seller delays delivery, the market price of the subject matter is lower than the market price of the agreed delivery period; The price is calculated according to the market price when the subject matter is actually delivered; If the market price is higher than the agreed price when the delivery date is agreed, the price will still be calculated according to the original contract price.

legal ground

In Article 585 of the Civil Code, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party when it breaches the contract, or may agree on the calculation method of the amount of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase the liquidated damages at the request of the parties; If the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties concerned pay liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages. (The effective date of the Civil Code is 202 1 1 1)