[Direct answer]In the Beijing area, if there is no agreement on the place of performance or the agreement is unclear, it does not directly lead to the inability to perform the contract, but is subject to supplementation in accordance with the law. According to Article 511, paragraph 3 of the Civil Code of the People's Republic of China, the party paying the money shall perform at the place where the party receiving the money is located; the delivery of real estate shall be performed at the place where the real estate is located; and the performance of other objects shall be performed at the place where the party performing the obligation is located. In a sales contract, if the seller delivers the goods, the place of performance is usually the seller's residence or place of business. The parties may also reach a supplementary agreement afterwards. If no agreement is reached, the performance shall be determined in accordance with the relevant provisions of the contract or the transaction practices. It is recommended to specify the delivery location in the contract to reduce the risks of freight and jurisdiction disputes. For more details, please refer to the following link:Business and contract dispute services for enterprises.

1. Problem background and typical scenarios

In contracts such as the sale of goods, processing contracts, and storage and transportation contracts, parties often fail to specify the delivery location due to negligence, or merely agree verbally, leading to disputes over interpretation afterwards. Typical scenarios include: purchase contracts that only state "delivery to the door" but fail to specify the city and warehouse; in cross-regional transactions, parties may disagree on whether "delivery" means the buyer picking up the goods themselves or the seller arranging for shipment; and after years of implementing long-term supply agreements, disputes over who should bear the freight costs may arise due to unclear delivery locations. The delivery location not only represents the physical location of the goods, but also directly relates to the jurisdiction of the court and the timing of risk transfer. Once a dispute arises, an unclear location will increase the difficulty of providing evidence. Related transportation and storage disputes can be resolved in conjunction with the following measures:Real estate sales and construction project servicesMake a comprehensive judgment on the logistics rules beyond the above-mentioned ones.

II. Key points of contention

The core of the dispute over the performance location often focuses on three points. Firstly, the order of application of statutory supplementary rules: if the agreement is unclear, the parties shall first supplement it by agreement. If this fails, they shall follow the relevant provisions of the contract or trade practices. If this still fails, they shall apply the statutory place prescribed in Article 511 of the Civil Code. In practice, the determination of trade practices often becomes the deciding factor. Secondly, the timing of risk and ownership transfer: the risk of damage or loss of goods transfers with the delivery, and the unclear performance location may blur the boundaries of risk assumption. Thirdly, the jurisdiction connection point: contract disputes can be jurisdictional by the court of the performance location, and the unclear location may shake the basis of jurisdiction. For cases involving the recovery of payment, reference can be made to the relevant provisions of the Civil Code.Creditor-debtor relations and enforcement case servicesDetermine the collection path.

III. Professional analysis by Hengluo Lawyers

Based on our practical experience in handling disputes over sales contracts, cases with unclear performance locations rarely face the problem of "no available location". The difficulty lies in proving the parties' true intent and long-term transaction habits. Hengluo Lawyers usually start by reconstructing the actual delivery model from past contracts, orders, delivery notes, and chat records. If all previous transactions were shipped by the seller and the buyer signed for the goods locally, even if there's no written agreement, it may be deemed that the actual performance location prevails. For new transactions with obvious lack of agreements, we decisively invoke Article 511 of the Civil Code to fix the performance location at the party's place of performance obligation, thus clarifying jurisdiction and freight charges. It should be noted that transaction habits must be repetitive, stable, and known to both parties. It's difficult to rely solely on one party's statement. For long-term supply relationships between enterprises, we can provide follow-up legal services.Business and contract dispute resolution services for enterprisesAnalysis of the chain of evidence.

IV. Practical Suggestions and Legal Basis

The legal basis mainly includes Article 501 of the Civil Code of the People's Republic of China (effective from January 1, 2021) (Supplementary Agreements and Contract Interpretation), Article 501 Paragraph 3 (Statutory Place of Performance), Article 603 (Place of Delivery by the Seller), and the provisions of the Civil Procedure Law on jurisdiction over contract disputes. Practical suggestions: When signing the contract, specify the delivery city, specific address, and the party responsible for the freight in a dedicated clause; retain the delivery notes, signing records, and logistics tracking information during the performance to solidify the actual place of performance; in case of disputes, first send a letter to confirm the place of performance, and then decide whether to litigate; when choosing jurisdiction, priority can be given to the court in the place of performance that is favorable to the party concerned. For cross-regional performance, relevant provisions can be combined accordingly.Special services and other case-related servicesEvaluate the jurisdiction strategy.

5. Henglu Law Firm's Reminder

The place of performance is no small matter. It simultaneously determines the freight charges, the transfer of risks, and the jurisdiction of litigation. Vague agreements mean giving up the initiative. It is recommended to separately list the "delivery location and transportation responsibilities" clause in each contract. For transactions across different regions, it is particularly important to clarify whether the goods will be picked up by the buyer, transported by a third party, or delivered to the buyer's doorstep. Any corrections made after the fact must be formalized in writing or through chat records confirmed by both parties to avoid verbal reneging. If a dispute over the place of performance has arisen, it is necessary to collect historical transaction documents as soon as possible and, if necessary, entrust a lawyer to send a letter to assert rights to prevent the other party from delaying payment or transferring jurisdiction on the grounds of an unclear location. For more contract risk prevention, please refer to the relevant materials.Intellectual property protection and corporate legal services.

VI. Frequently Asked Questions

Q1: If there's no agreement on the place of performance, can I win the lawsuit?

The success of the lawsuit depends on whether you can prove the performance location and the other party's obligations. The law provides rules for rectifying unclear agreements. According to Article 511 of the Civil Code, if the other party's obligations are performed at the place where the party performing the obligations is located, the seller's delivery location is usually the seller's residence. You can assert your rights based on this. If you have delivery notes and signing records to prove the actual delivery mode, or can prove the transaction habits, the probability of winning the lawsuit will be higher. Conversely, if you only make oral claims without any traces of performance, it will be difficult to provide evidence. It is recommended to first fix the evidence and then evaluate the strategy. Do not believe in unrealistic promises of winning the lawsuit. The outcome will ultimately be determined by facts and evidence.

Q2: Regarding the delivery location and shipping fees, what evidence do I need to prepare?

The core evidence includes: written contracts or orders (to prove the basic agreement between the two parties), delivery notes and signing records (to prove the actual delivery location and the recipient), logistics waybills and tracking records (to prove the transportation route and the party who paid the freight), chat logs and emails (to prove the agreement or correction between the two parties on the delivery location), and historical transaction records (to prove long-term transaction habits). The organization of evidence should focus on three points: "where the goods were actually delivered, who paid the freight, and when the risk was transferred". The more complete the materials are, the better they can counter the other party's claim of changing the delivery location afterwards. If necessary, you can apply to the court to retrieve the logistics information.

Q3: If I hire a lawyer to handle a dispute over the place of performance, what would the approximate cost be?

The litigation fees shall be calculated in accordance with the "Measures for the Payment of Litigation Fees" based on the amount of the litigation subject matter and shall be borne by the losing party. As for the attorney's fees, they shall be charged on a per-case basis or as a percentage of the litigation subject matter, depending on the complexity of the case, the amount of the litigation subject matter, and the workload. There is no unified national standard for this, and the specific fees shall be subject to the terms of the engagement contract. For disputes with small litigation subject matters and clear facts, the costs can be controlled; for large-scale sales contracts, the attorney's fees should be weighed against the potential benefits. It is recommended to request the law firm to provide a detailed fee breakdown before entrusting the case, clarifying whether the fees include travel and litigation expenses, to avoid price increases during the process. If necessary, compare prices from multiple law firms before making a decision.

Q4: How long does it usually take to litigate a case to confirm the place of performance?

The first-instance ordinary procedure generally concludes within six months, and the simplified procedure within three months; for disputes over the place of performance with clear facts and relatively small subject matters, the simplified procedure can be applied, with a shorter timeframe. If the other party raises a jurisdiction objection, the case will first undergo a jurisdiction procedure before the substantive trial, and the overall timeframe will be extended accordingly. After the judgment takes effect and enters the enforcement stage, the timeframe for recovering the payment will be calculated separately. Overall, simple disputes over the place of performance often take several months from filing to adjudication. It is recommended to clarify the jurisdiction connection points at the time of filing to avoid the other party delaying the process by raising location objections, and to apply for property preservation when necessary to accelerate the recovery of payments.

Q5: If there's no agreement on the place of performance, what should I do specifically?

It is recommended to proceed in four steps: First, review all contracts, orders, and historical transactions to determine whether there is a presumed place of performance or a habitual transaction practice; Second, send a letter or WeChat message to the other party to confirm the delivery location and freight charges, and rectify the agreement in writing; Third, organize delivery notes, receipts, and logistics certificates to solidify the actual place of performance and prevent the other party from reneging on the agreement; Fourth, if the case has already been litigated, claim the statutory place of performance in accordance with Article 511 of the Civil Code and strive to obtain a favorable jurisdiction court. Throughout the process, keep communication records and, if necessary, hire a lawyer to send letters to assert rights and formulate litigation plans, minimizing the risks brought by ambiguous agreements.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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. →Business and commercial legal services·Beijing Hengluo 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. If you encounter disputes, please consult a practicing lawyer in time.