For some of our transactions, the delivery time will be involved, so it is necessary for the buyer and the seller to reach an agreement through consultation to deal with the delivery place and some matters needing attention. If the delivery is delayed, compensation is also needed. Next, I will give you an answer on how to compensate for the delay in delivery. Let's look at this problem together.
First, how to compensate for the delayed delivery?
The seller's late delivery includes two situations. First, the delivery period of the subject matter has exceeded but the subject matter has not been delivered; One is that although the seller constitutes overdue delivery, the subject matter has been delivered to the buyer. The seller's late delivery constitutes a breach of contract and shall bear the following legal responsibilities:
(1) In the case that the seller has delivered the goods, the seller shall be liable to the buyer for breach of contract for late delivery of the subject matter, including the liquidated damages agreed by both parties in 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 cannot continue to perform or meets other conditions stipulated by law, it is not applicable to continue to perform. The buyer may request to terminate the contract and require the seller to bear the liability for breach of contract for failing to deliver the subject matter.
Article 566 of the Civil Code: The effectiveness of the termination of a contract. After the termination of the contract, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the parties may request restitution or take other remedial measures, and have the right to claim compensation for losses.
Where the contract is terminated due to breach of contract, the creditor may require the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties.
Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 585 The parties may agree that one party shall pay a certain amount of liquidated damages to the other party for breach of contract, or may agree on the calculation method of the amount of compensation for losses caused by breach of contract.
Second, the characteristics of the contract of carriage
(1) Transportation contracts are generally two-way paid contracts. In the contract of carriage, the carrier is obliged to transport the passenger or goods to the agreed place, and the passenger or shipper is obliged to pay the fare or freight according to the regulations. These two obligations are mutual consideration, so the transportation contract is generally a paid contract. But as an exception, there are also cases of free transportation contracts, such as goodwill sharing.
(2) Transport contracts are mostly standard contracts, that is, transport contracts provide standard terms for carriers to reuse, and passengers or shippers only have the right to agree or disagree when concluding contracts. Tickets, waybills, bills of lading, etc. They are all printed in accordance with special laws and regulations, and freight charges are generally uniformly stipulated. Of course, transport contracts are generally standard contracts, which does not exclude that some transport contracts are not standard contracts, but are concluded by both parties through consultation.
(3) Most transportation contracts are not concluded, and they are established when both parties sign the contract, and there is no need to deliver specific subject matter additionally. Unless, of course, there are other agreements or trading habits between the two parties.
Three. Classification of transport contracts
The scope of transportation contracts is wide and diverse, and different standards are adopted, so transportation contracts can be classified differently.
(1) Based on the transportation object, transportation contracts can be divided into passenger transportation contracts and cargo transportation contracts. The former refers to the contract that the carrier transports passengers from the starting point to the agreed destination; A contract of carriage of goods refers to a contract in which the carrier transports the delivered goods from the starting point to the agreed destination. This classification is mainly adopted in the civil code.
(2) Based on the means of transport, transportation contracts can be divided into railway transportation contracts, road transportation contracts, air transportation contracts, water transportation contracts, sea transportation contracts and pipeline transportation contracts.
(3) According to the number of carriers, transportation contracts can be divided into single transportation contracts and combined transportation contracts.
The above is what I have compiled for you about how to compensate for the delayed delivery.
Detailed answers to the questions are very important for us in the transportation process. The characteristics of the transport contract are very important. We have to bear some compensation responsibilities according to the actual situation, and we also need to bear losses in case of delay. Please consult a professional lawyer if you have any other questions.