Free sample against advance payment
Shailesh Verma
(Querist) 11 December 2017
This query is : Resolved
We had received an advance payment of USD 1478 from a buyer 3 years back. The buyer asked us to send the goods as samples and we sent the goods as free sample. The payment is still standing against us. In this case what can be done to settle the payment with our AD Bank? Please advise.
P. Venu
(Expert) 12 December 2017
If the goods were sent as free samples, where is the question of payment?
Kishor Mehta
(Expert) 12 December 2017
You are liable for the amount received to return it back in cash or kind. You may request the other party to send you a receipt of the payment in full and final settlement.
M V Gupta
(Expert) 13 December 2017
In complete facts. What happened after u have sent free samples? Did not the buyer place firm order for supply of the goods before sending the amount of US $ 1478 and asking for the free samples ? Explain the full facts relating to the contract you had with the buyer pursuant to which the buyer remitted the dollars.
Kumar Doab
(Expert) 13 December 2017
You have fallen into the trap by sending goods as free samples.
You have not supplied anything against bill hence apparently there is NO bill due for payment.
Did the buyer state in writing to send goods as free samples?
You can claim payment if any bill was raised and good were sent abroad, per laid procedure.
Kumar Doab
(Expert) 13 December 2017
Before you act on your own preferably show the corresponding record to a very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having a successful track record before you act to appropriate the payment.
