When using the goods imported from Japan, we found that the service life did not reach the expected results. After investigation, we learned that the supplier used an alternative material without our confirmation, resulting in a decline in quality. To make up for our losses, the supplier agreed to provide 35% of the original contract quantity as compensation and use the previous materials. But now there is a problem. Even if the goods are provided for free, they still need to import customs declarations, involving tariffs and VAT. Can we let the supplier bear this cost?
Claims, replenishment, repairs, etc. are often involved in international trade practices. But they are rare to mention how to deal with some tariffs and VAT issues. In reality, these actual expenses or tariffs are often unavoidable.
I don’t know how your original contract agreed. If there is no written agreement, we can only analyze it from common sense.
The products offered by the supplier are flawed, but he is willing to compensate you. If the quality of the product he later provided is the same as that promised initially, he also completes the content promised of the original contract.
As for your company, although you have received the defective product, it can be used. And the supplier is willing to compensate you, and then provide some goods for free. There may also be no loss in terms of the payment and the value of the final use.
The only focus is that the replenishment comes in with tariff, which is an extra cost from the defective product of the supplier.
You have the right to discuss this additional expense with the supplier and ask them to take responsibility or to share some tariffs. But I am not quite in favor of doing so. After all, customs declaration and payment of tariff are matters of the buyer. It is not appropriate for asking the seller to handle it.
As far as I know, there are some alternatives in a reasonable and legal situation. If you get them as the free supply of products, although only to pay tariff and VAT, they also require some special instructions in the write-off. You can get this 35% and imports the same quantity of products as before. In this way, there is no additional payment of tariff and VAT if you declare the amount according to the actual amount of payment. This operation is not maliciously evading tariffs and VAT. It is reasonable and legal. It is equivalent to some discounts on import prices and is the most appropriate solution to the problem. You can even discuss with the supplier whether you can pay the goods a little later because you don’t immediately use the goods you bought later.
Some domestic companies have separately imported supplemental products when dealing with this matter. However, they are reluctant to pay tariff and VAT, so they deliberately reported the amount of customs declaration very low. This behavior is suspected of breaking the law.
If the supplier is willing to bear the cost, import it separately. Customs declaration at the actual price is the simplest solution.
Everything is possible when negotiating. You must prepare multiple plans and choose what is acceptable to both sides as the final solution.
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