Legal analysis: If the seller delays delivery after signing the sales contract, whether the seller can claim liquidated damages depends on the agreement between the two parties. Liquidated damages are punitive and do not presuppose that the non-breaching party suffers losses. Even if liquidated damages cannot be claimed, actual losses can still be claimed. If both parties agree on liquidated damages in the contract for the seller's late delivery of the subject matter, the seller shall pay liquidated damages to the buyer.
Legal basis: Article 585 of the "People's Republic of China and Civil Code"
The parties may agree that when one party breaches the contract, it shall pay a certain amount to the other party based on the circumstances of the breach. Liquidated damages can also be agreed on the calculation method for the amount of compensation for losses due to breach of contract. If the agreed liquidated damages are lower than the losses caused, the People's Court or the arbitration institution may increase it at the request of the parties; if the agreed liquidated damages are excessively higher than the losses caused, the People's Court or the arbitration institution may appropriately reduce it at the request of the parties. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform its debts after paying the liquidated damages.