CHINA LAW SOLUTIONS

  • Home
  • …  
    • Home

CHINA LAW SOLUTIONS

  • Home
  • …  
    • Home

Should You Contract With the Factory or Its Trading Company?

www.ChinaLawSolutions.com

A commercial claim against a Chinese counterparty is only asvaluable as the evidence, forum, and enforcement path behind it. Companies should plan for enforceability before a dispute and respond quickly when payment or performance fails.

Understand the roles

A trading company may provide export, communication,financing, aggregation, or quality-control functions. It may also be an unrelated intermediary with few assets. The buyer should know who manufactures, who invoices, who receives payment, and who is legally responsible for defects
and delays.

The factory contract is not always automatically better

A direct factory contract can improve accountability, butsome factories cannot or will not export directly. A trading company may provide meaningful value and credit support. The issue is not the label; it is whether the structure is transparent and enforceable.

Avoid fragmented responsibility

If the trading company signs the contract but the factorycontrols production, the agreement should address factory identification, subcontracting, inspections, warranties, IP, tooling, and cooperation in
claims. Where appropriate, both entities can assume obligations.

Match payment and remedies to the structure

If money is paid to the trader, the trader should have aclear refund and warranty obligation. If the factory receives tooling or confidential information, it should be bound directly by relevant protections.

Verify both entities

Conduct diligence on the trading company and factory,including their relationship. A common red flag is a seller that refuses to identify the actual manufacturing entity until after payment.

Practical next step

Preserve the complete documentary record and identify wherethe counterparty and its assets are located. Counsel can then evaluate the governing contract, limitation period, forum, preservation options, and
realistic recovery strategy.

Subscribe
Previous
What Evidence Do You Need to Sue a Chinese Supplier?
Next
How to Identify the Correct Legal Entity Behind a Chinese...
 Return to site
Profile picture
Cancel
Cookie Use
We use cookies to improve browsing experience, security, and data collection. By accepting, you agree to the use of cookies for advertising and analytics. You can change your cookie settings at any time. Learn More
Accept all
Settings
Decline All
Cookie Settings
These cookies enable core functionality such as security, network management, and accessibility. These cookies can’t be switched off.
These cookies help us better understand how visitors interact with our website and help us discover errors.
These cookies allow the website to remember choices you've made to provide enhanced functionality and personalization.
Save