Delivery of the subject matter is the most basic obligation of the seller, and the seller must also deliver the subject matter at the agreed time. The seller's delay in delivery, that is, delay in delivery, means that the seller is still obligated to complete the delivery of the subject matter after the expiration of the time limit stipulated in the contract. The seller's late delivery includes two situations: one is that the delivery period of the subject matter has expired but the subject matter has not been delivered. The other is that although the seller constitutes overdue delivery, the subject matter has actually been delivered to the buyer. The seller's late delivery of the subject matter constitutes a breach of contract and shall be liable for delay in performance.

In case of overdue delivery, the Seller shall bear the following legal responsibilities:

1. If the seller has actually delivered the subject matter, the seller shall be liable for breach of contract for late delivery of the subject matter to the buyer. Specific responsibilities include: 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. In this case, since the buyer has accepted the delivery from the seller, the buyer should not terminate the contract.

2. 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. 4. If the market price of the subject matter changes greatly after the signing of the contract, the seller fails to deliver the subject matter in time, which may cause price losses to the buyer. Therefore, combined with previous trial practice, if the market price of the subject matter is lower than the market price during the agreed delivery period when the seller fails to deliver the subject matter in time, the price shall be 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. The purpose of this treatment is to punish the seller for breach of contract and make up for the buyer's losses.

Second, the provisions on liquidated damages for late delivery.

The contract stipulates liquidated damages in principle, and the relevant provisions stipulate the proportion of liquidated damages, and the statutory liquidated damages shall apply. In this case, due to the different contents of the contract and the different nature and degree of breach of contract, the method and amount of determining liquidated damages are also different.

1. If the relevant laws and regulations clearly stipulate the proportion of liquidated damages, the amount of liquidated damages can be calculated directly according to this proportion. For example, as stipulated in Item 5, Article 35 of the Regulations on Purchase and Sale Contracts for Industrial and Mining Products, in case of late delivery, the buyer shall be paid liquidated damages for late delivery according to the regulations of the People's Bank of China on late payment and the total value of late delivery. It is clearly stipulated here that the proportion of liquidated damages for delayed delivery is three ten thousandths per day. Another example is the fourth provision of Article 2 1 of the Labor Contract Regulations. If the crops are delivered in time, it shall pay the ordering party liquidated damages according to the contract. In terms of remuneration, one thousandth of the total remuneration of the overdue part shall be paid as liquidated damages for each overdue day. It can be seen that the legal calculation standard of liquidated damages for delayed performance of the contract is fixed. Various demurrage fees, late payment fees, etc. The above provisions shall prevail.

2. Relevant laws and regulations only stipulate a certain percentage of liquidated damages. This requires the people's court or contract arbitration institution that accepts the case to determine a certain proportion in order to calculate the amount of liquidated damages. For example, Item 1 of Article 35 of the Regulations on Purchase and Sale Contracts of Industrial and Mining Products stipulates that the supplier shall pay liquidated damages to the buyer if it fails to deliver the goods. The penalty for common products is 65438+ 0% to 5% of the total value of the undeliverable part of the payment. Generally speaking, the legal liquidated damages for non-performance or incomplete performance of the contract are within a certain proportion.

To sum up, it can be seen that delayed delivery needs to bear corresponding legal responsibilities. The Contract Law does not specify the liquidated damages for delayed delivery, which shall be based on the amount agreed in the contract signed by the parties, but it needs to be effective within a certain proportion. This is to punish the seller for breach of contract and make up for the buyer's losses.

3. If the seller delays the delivery, the additional performance costs arising therefrom shall be borne by the seller.