China order delayed: check force majeure claims
Ask the UK seller for the agreed clause, its formal notice and evidence connecting the event to your order. Check mitigation and the precise relief requested before agreeing revised dates, payment changes or cancellation. Production evidence can support that review through Cambridge China Bridge.
Start with your contract with the UK seller
Collect the accepted quotation, purchase order, seller's terms and agreed amendments. Ask the seller to identify the force majeure wording it relies on, including definitions and exclusions. Check the named contracting parties, governing law and dispute procedure. Use our UK seller supply terms checklist for the wider contract review.
Compare the claimed event with the clause's wording: does it refer to prevention, hindrance or delay? Does it address factory, subcontractor or carrier disruption? Ask which obligation is affected and what relief is requested. If the seller cannot identify a clause, ask it to explain its alternative contractual or legal basis and obtain advice before accepting that explanation.
Check the notice against the agreed requirements
Read the force majeure clause alongside the general notices clause. Check the trigger for notification, any deadline, required contents, permitted delivery method and recipient address. Ask for the notice as sent and evidence of delivery. Compare when the seller learnt of the event with when it notified you.
Check requirements for continuing updates and notification when the disruption ends. Public-sector contract wording illustrates why delivery method matters: the Environment Agency's published terms permit force majeure notices by email only with an original notice subsequently delivered personally or by recorded delivery. Treat that as an example to compare with your own terms, rather than a requirement for your order.
Request evidence linking the event to your order
Ask for a dated chronology covering the disruption, the affected factory or route, your order's status beforehand and the operations now blocked. Request order references, production records, relevant closure communications or carrier cancellation messages. Ask the seller to separate existing lateness from delay attributed to the claimed event.
A general news report or factory statement is a starting point for questions. Ask how it explains the missed delivery obligation in your contract, including unaffected goods or activities. Our factory production delay guide covers the operational recovery plan once the actual blocker is established.
Check what the seller tried to reduce the delay
Ask the seller to identify any mitigation wording in the clause and provide an action log. Request evidence of alternative components, production capacity, collection arrangements or transport routes considered, with feasibility, cost and reasons for rejection. Distinguish options explored from options actually booked or implemented.
Ask what can continue while the affected work is blocked and what will demonstrate that normal performance can resume. Check proposed substitutions against your specification and approval process. Keep the inspection checks appropriate to any goods offered for an early or partial shipment.
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Compare the options before agreeing a change
Check separately for time extensions, suspension, payment provisions, prolonged-disruption termination, notice steps and any refund wording. Ask what each proposed option means for your deposit, completed stock, outstanding balance and extra costs. Before cancelling, withholding payment or seeking compensation, review the actual contract and obtain appropriate advice.
If you negotiate a recovery arrangement, record the revised milestones, evidence, update schedule, cost allocation and end point for another decision. Ask an adviser to check any wording about accepting relief, settling claims or giving up rights. The published public-sector General Terms require variations to be agreed in writing and signed by both parties; check your own amendment procedure.
Frequently asked questions
What should I ask for when a seller claims force majeure?
Ask for the agreed clause, formal notice, order-specific chronology, supporting records, mitigation log and the exact relief requested.
Does a factory closure prove my order is covered?
Ask the seller to connect the closure to your order's blocked operations and the clause's wording. Compare the order's status before the closure with the delay now claimed.
Can I cancel or stop paying a delayed China order?
Review the contract's termination, payment and notice provisions and obtain advice before acting. Ask separately about the deposit, completed goods and outstanding balance.
Should I accept a revised delivery date?
Ask for supported milestones and transport assumptions first. Record the proposed change, costs and next decision point, and check any accompanying waiver or settlement wording.