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China Mexico Alternative Dispute Resolution Center
At the CCCTM, we are aware of a constant problem in the commercial exchange between Mexico and China. Cases of fraud between entrepreneurs in both countries are becoming more frequent, with some of the following modalities being the most common:
Many times there are no legal documents that support the purchase, since they are made through a verbal contract or by email and the importer, in addition to losing money because such documents do not exist, comes into conflict with the customs authorities since they initiate procedures administrative charges due to misclassification of the merchandise, and they even lose the import registry.
Cargo Transport International Logistcs Co., Ltd.
This company is blackmailing us and extorting us with alleged expenses it made to safeguard the container that brings merchandise that I own and argues that if it is not paid, it will not deliver the BL to release the cargo. All his assumptions are false, there were no incidents with the shipping company and he does not present proof of the alleged expenses.
Wealth international Co., Ltd.
The material was purchased by requesting and paying for a rutile content of 87% and 92%. And the supplier sent the material with a lower content than what its invoice and chemical analysis refer to. Legal help was requested for fraud.
Zhejiang Feiyue Vehicle Co., LTD
The Mexican company visited a Chinese supplier to purchase 150 products. The payment corresponding to the merchandise they require is made, which, it is reported that in 5 to 10 days the production of the 150 products would begin. The Chinese company confirms the existence of the selected models and informs that it will increase the price by $ 5 USD per device.The customer communicates that he does not agree with the price increase. The client sends a proof of transfer dated September 18, 2014 in favor of Crown International Holding Limited for an amount of $ 13,950 USD covering 30% of the cost of the production of 300 products with a unit price of $ 155 USD. The client reports that there are problems with the quality of the product’s manufacturing, so the corresponding certificates for its correct importation into Mexico cannot be obtained, so the cancellation of the purchase of the 300 units of the product is requested. The Chinese company refuses to cancel the order, so a return proposal of $ 6,450 USD is made since this amount is 46% of the total deposit.
Shijiazhuang Quanling Commerce and Trade CO. LTD
The company makes a purchase order, when the date of receipt of the merchandise is fulfilled, the shipping company informs the customs representative that the material on the ship does not belong to the company. The supplier ignored this situation as they claimed it was for another buyer, so they schedule a shipment for them. Three weeks after the new agreed shipping date, and if the merchandise is not received, the company requests a refund of your money; that’s when the Chinese provider stops answering phones and answering emails.
Ngai Shing Development Limited
Mexican company dedicated to the textile industry, made the purchase of two machines.
A supposed hacker takes advantage and intercepts the communication to send an email with the invoice and information of the provider but with a different email account, changing the bank account and name of the beneficiary.The deposit was made thinking that the data came from the provider. The name of the company and information of the bank to which it was deposited: GLOBTEC TAYCO.
Shandong Jining Ote Import and Export Co. Ltd
The Mexican company had contact with the Chinese company, which it found on the Alibabá page. This company sent polypropylene samples that worked properly for the Mexican company’s products. It was agreed to pay with a bank credit letter for the order of 18 tons of polypropylene and pet t-94 (said order was made to see if it would fit well with the products of the Mexican company). The credit letter was processed and the purchase order was sent. Banco Monex delivered the documents. On September 11th, the company shipped the alleged resin. The ship arrived at the port of Manzanillo at the end of October 2015. On Saturday the 14th the container arrived at its plant in Guadalajara and upon unloading, the staff realized that it was not the resin that required order, but a product similar to fine sand.
Jinan Daying Chemicals Co. Ltd.
On July 23, 2015, 20 TONs of Paraffin Wax were purchased from the Chinese company Jinan Dayin Chemicals, for an amount of $ 17,240 USD. The representative, Ms. Hardy, sent the papers 10 days after the ship’s arrival at the port, which generated a cost for 10 days of storage (= $ 1,160 USD). At the time of dispatch in the Port of Manzanillo, in the presence of the customs authority, the inspection was made and only 80 sacks of paraffin were found and the rest contained a white powder that was difficult to classify. The container is located in the Fiscal Warehouse, owned by the Customs of Mexico.
Wasser International, Cancún
On two occasions they supplied trichloroisocyanuric acid to Wasser Internacional, Cancun, Mexico. The shipping dates were June 14 and August 17, 2015. They have not been paid yet and they have lost all kinds of contact (no emails or calls are answered).
The Rancho BellAvista company asked Fourcolor Packing Co. Ltd to manufacture boxes to be able to transport broccoli with certain specifications (size, font color, logo, company data).An agreement was reached on the prices to be paid by the Mexican company, for which the manufacture of the boxes began. When they had to pay for the boxes, the Mexican company commented that they had to prepare documents for import but it would be finished soon. Later, it was alleged that in the local (Mexican) market the boxes were $ 1.45 per piece and the one sold by the Chinese company was $ 1.75 (including the import license and others, as well as the $ 10,000 USD of the customs guarantee deposits ). The problem is that they cannot sell the boxes to another customer since they are stamped with the specifications of the Rancho BellAvista company. There was never a response or responsibility from the company again.
Non-payment of merchandise sent by a Chinese company.
Alia Global Logistics, S.A. de C.V.
A Mexican company contacts a Chinese company and agrees to buy merchandise from it by paying an advance of 30% and 70% when it arrives at the Mexican port, with the BL proof. The agreement is concluded, the contract is signed, and merchandise is shipped. Mexicans pay 30% and wait for the merchandise to arrive at the Mexican port. When merchandise arrives, they do not answer calls or emails to a Chinese company and wait for the time given by customs to expire. Customs, after the time has elapsed, finishes off the merchandise. The Mexican company participates in the auction and keeps merchandise at a fraction of the cost. The Chinese company loses $ 25,600 that it could not collect and of course also the merchandise. The Chamber receives a request for support, contacts the Mexican company and they say they are interested in clarifying the point but have not responded to date.
Wenzhou Eternal International Trading Co., Ltd.’s
This company that produces taps and bathroom accessories, defaulted on a purchase order in 2013 and since then an amount of $ 46,411 USD has been claimed from a company in Mexico, since it received only part of the merchandise it paid for and received in poor condition.
Well Done Gifts Co.
Breach of the purchase order, the Well Done company adjusted the price once the merchandise was already in the destination port, they only shipped 12,000 pieces of the 120,000 that the Mexican buyer had to receive. An amount of $ 56,400 USD is claimed.