[Direct answer]In the Beijing area, if the seller delivers the goods in advance, the increased storage and other costs incurred shall, in principle, be borne by the seller. According to Article 530 of the Civil Code, the creditor may refuse the debtor's advance performance of the debt, unless the advance performance does not harm the creditor's interests; the expenses incurred by the debtor in advance performance of the debt shall be borne by the debtor. If the buyer explicitly agrees to receive the goods in advance, or the advance performance does not increase the burden on the buyer, the storage fees may be negotiated separately. The key point is whether the buyer agrees and whether the expenses are incurred due to the "advance". It is recommended to keep the notification and handover records when receiving the goods, and clarify the attribution of the expenses. For more details, please refer to the following link:Business and contract dispute services for enterprises.

1. Problem background and typical scenarios

Disputes over storage fees caused by early delivery are common in sales and contracting contracts. Typical scenarios include: the supplier ships the goods early to meet production capacity, but the buyer's warehouse is overcrowded and they are forced to rent external storage space; seasonal goods arrive early, occupying funds and storage space; the buyer explicitly refuses to accept the early delivery, but the seller still delivers the goods, resulting in piling up and causing losses; and both parties have different opinions on whether they agreed to the early delivery, with no one taking responsibility for the storage fees. Many buyers mistakenly believe that "once the goods arrive at your warehouse, you should pay for them", or the seller may refuse to bear the costs, believing that "early delivery is a good thing". In fact, the responsibility for the costs depends on whether the buyer agreed to the early delivery and whether the costs were incurred due to the early delivery. Related storage and logistics disputes can be resolved through negotiation and mediation.Creditor-debtor relations and enforcement case servicesEvaluation.

II. Key points of contention

There are three main points of contention. Firstly, whether the buyer agrees to early performance: if the buyer explicitly agrees, the seller will bear the risk of the goods; if the buyer refuses and the seller forcibly delivers the goods, the seller will bear most of the costs. Secondly, whether the costs increase directly due to "early delivery": if the buyer normally receives the goods, the storage cost does not count as an additional cost. However, if the buyer rents additional storage space or delays the acceptance of the goods, these costs will be considered additional expenses. Thirdly, the obligation to mitigate losses: after the buyer refuses early delivery, whether the buyer properly receives and stores the goods to avoid further losses and affect the allocation of costs. For those involved in supply chain contract management, they can refer to the relevant provisions for reference.Special services and other case services.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling disputes over sales contracts, custody fee disputes often fail due to a lack of evidence to prove whether the buyer agreed or not. In many transactions, the buyer and seller only communicate verbally about delivering the goods in advance, but later the buyer claims to refuse and the seller claims to agree. It is difficult for the court to determine the truth. Hengluo Lawyers usually advise: When either party proposes or accepts early delivery, it is necessary to confirm it in writing (including whether to bear the additional costs); if the buyer refuses early delivery, the seller should clearly inform the buyer and negotiate with him/her about custody; if the seller delivers the goods in advance, the seller should keep the delivery and expense certificates. For reasonable custody fees truly incurred due to early delivery, the seller should bear the responsibility according to Article 530 of the Civil Code. The clearer the evidence is, the more stable the claim will be. For matters related to performance management, it can be followed up accordingly.Special services and other case servicesImprove the process.

IV. Practical suggestions and legal basis

The legal basis is Article 530 of the Civil Code of the People's Republic of China (effective January 1, 2021) (advanced performance: the creditor may refuse, and the additional costs shall be borne by the debtor), Article 509 (full performance and the principle of good faith), and the relevant provisions on custody and warehousing. Practical suggestions: The contract should stipulate the obligation to notify in advance of early delivery and the responsibility for bearing the costs; either party who changes the performance period should confirm it in writing; the buyer should promptly notify the seller of his refusal to accept the early delivery and negotiate with the seller on the custody of the goods to avoid expanding the losses; the seller should retain the vouchers for reasonable expenses such as external warehousing when delivering the goods in advance, and then claim the expenses in accordance with the contract or the law. Where settlement is involved, the provisions may be referenced accordingly.Business and contract dispute services for enterprisesHandle it.

5. Henglu Law Firm's Reminder

Delivering the goods ahead of schedule does not mean that the "buyer will bear the cost". Remember that the burden of expenses depends on two factors: whether the buyer agrees to the early delivery and whether the expenses are incurred due to the early delivery. The first step is to receive the goods and keep a written record of the seller's advance notice and the buyer's attitude (agree or refuse). The second step is to keep the contract, invoice, and storage documents for the additional storage fees. The third step is to refuse the early delivery in writing and fulfill the obligation to collect and reduce losses to avoid being accused of aggravating the losses. Never handle matters verbally, as it will be difficult to provide evidence in case of disputes. If the amount of the expenses is large or the situation occurs repeatedly, it is recommended to consult a lawyer to improve the contract terms and fulfillment process, and seek legal assistance if necessary.Special services and other case-related servicesHelp.

VI. Frequently Asked Questions

Q1: If the seller ships the goods in advance, must the seller bear the additional storage fees?

It's not an absolute rule, but in principle, it is. According to Article 530 of the Civil Code, the additional costs incurred by the debtor in performing the obligation ahead of schedule shall be borne by the debtor; however, if the buyer explicitly agrees to accept the goods ahead of schedule, or if the early performance does not actually increase the burden of storage (such as the goods needing to be stored anyway), the costs may be negotiated separately or even borne by the buyer. The key points are: whether the buyer agrees to early acceptance, and whether the costs are incurred as a result of the fact of "early acceptance". If the buyer refuses early acceptance and the seller forcibly delivers the goods, the additional storage costs will almost certainly be borne by the seller. Whether the full amount can be claimed depends on the written confirmation and evidence of the reasonableness of the costs.

Q2: For the dispute over the storage fee for early delivery, what evidence do I need to prepare?

The core evidence includes: the sales contract (including the delivery period and cost agreement), the seller's notification or communication records of delivering the goods in advance, the buyer's written response agreeing or refusing the advance delivery, the documents of the goods being delivered and signed for, the external storage contracts and invoices, the storage period and cost details, as well as the records of loss and escrow. The organization of the evidence revolves around the four points of "the fact of advance delivery - the buyer's attitude - the costs arising from the advance delivery - the amount being reasonable". The more complete the materials are, the clearer the attribution of the costs will be; it is particularly important to fix the buyer's letter refusing the advance delivery to avoid being deemed as tacitly accepting it.

Q3: How much will it cost in attorney's fees and litigation expenses to recover or defend against this storage fee?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the dispute (the amount of the storage fee) and shall be borne by the losing party. The attorney's fees shall be charged on a per-case basis or as a percentage of the amount of the dispute, subject to the terms of the entrustment contract. Storage fees are usually not high. It is recommended to first calculate the cost of protecting rights and resolve the dispute through negotiation or sending a letter first, so as to avoid "spending a lot of money on a small sum". If there are indeed disputes, the party can refer to the contract terms and Article 530 of the Civil Code to claim the rights, focusing on the proof of the facts in advance and the reasonableness of the fees to control the cost of protecting rights.

Q4: How long does it usually take to resolve disputes over storage fees for early deliveries?

For disputes over small storage fees with clear facts, the simplified procedure is usually applied, and the first-instance trial is concluded within three months; for disputes involving larger amounts or more complex facts, the ordinary procedure is followed, which takes six months. If an appeal is filed, the second-instance trial usually takes three months. Overall, it often takes several months to half a year from filing a lawsuit to making a ruling. Since the amount of the dispute is usually not large, mediation or sending letters for consultation are often faster. It is recommended to fix the proof of fees simultaneously during the litigation, and if necessary, apply for on-site inspection or retrieve logistics records to shorten the evidence-gathering period and avoid procedural stagnation. It can be combined withBusiness and contract dispute resolution services for enterprisesAdvance.

Q5: If the seller forcibly delivers the goods ahead of schedule, what should I do first?

It is recommended to follow four steps: Firstly, upon receiving the notice of early delivery, immediately respond in writing to indicate whether you agree. If you refuse, clearly inform the seller and negotiate a custodial solution with them; Secondly, retain the contracts, invoices, and detailed records of the additional expenses such as renting warehouses, and distinguish between normal and additional costs; Thirdly, fulfill the obligation to mitigate losses and properly receive and store the goods to avoid being accused of aggravating losses due to improper handling; Fourthly, if negotiation fails, claim that the seller should bear the losses according to Article 530 of the Civil Code, and initiate legal action if necessary. Keep all records throughout the process and consult a lawyer to improve the evidence chain of contract performance when necessary.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Corporate commercial legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.