BERNEV / CUSTOMS LAW
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Advance paid, but delivery does not comply with the contract

An advance was paid, but delivery did not occur or does not comply with the contract. Separate repayment, interest, performance quality and the legal basis of each claim.

Where the position usually weakens

A position weakens when the document, deadline and evidence do not fit together. Start with the facts, response period and evidence chain.

01the advance was paid without clearly defined stages, acceptance or deliverable documentsrecovery of the advance needs its own evidential model; proof of payment alone is not enough
02the counterparty proposes substitute performance but it has not been documentedthe performance stages, acceptance, claim and calculation all matter
03correspondence mixes a demand for repayment with a dispute about quality and scope of performanceif the dispute has already dragged on, the cost of mistakes can rise with the amount at stake

What to check now

Start with the documents that explain the facts, deadline, money, goods and parties' actions rather than collecting the entire archive.

01

recovery of the advance needs its own evidential model; proof of payment alone is not enough

02

the performance stages, acceptance, claim and calculation all matter

03

if the dispute has already dragged on, the cost of mistakes can rise with the amount at stake