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Necessary precautions before purchasing and shipping goods from China

Good Morning,

I am willing to import goods and accessories from China for a gift and toy shop.

There are offices in China for Jordanian and Arab agents whose job is to handle such deals for those who don't know the Chinese market very well and organize the shipment and method of payment, against a commission for themselves.

What are the precautions I have to take in China to avoid falling victim to fraud?

How do I make sure the goods with be delivered and when do I have to pay?

Should I carry with me any bank guarantee certificate, trade license or any other document to China?

Jihad El-Shareef & Associates
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11 Jan 2018, 09:11

Greetings,

According to the law, it's necessary to sign a contract with the agent office explaining in details the goods to be purchased, the way of shipment, expenses and others.

The most important thing is to check the ID validity of the person you're dealing with like his passport and residence visa. After checking this, you need to check the trade license of the company to make that the person you're dealing with is authorized by this office.

Second, away from the legal part, there are practical procedures a person shall follow to protect his interests, and these are:

You shall be available at the time of packing the goods in the container to make sure it's the same like you requested, and after doing that you shall obtain a document called (get path) indicating that the goods are fine and ready to be shipped to Jordan.

You have to make sure that the address provided in the said document is your right address.

In case you were not available at the time of packing the shipment, the office shall hand you the document (get path), and you can pay the price of the goods after that without falling victim to fraud.

Kind regards,

Attorney Amany Al Jabari

Know Your Rights Legal Initiative

0796049528

17 Jan 2018, 12:49

شكراً للتوضيح

Ahmad Mesk Law Firm
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11 Jan 2018, 14:20

First: According to the article (5) of the Jordanian Law of Commercial Brokers and Mediators, any person willing to carry out the activities of commercial proxy and/ or brokerage in Jordan must be registered at the Ministry of Industry and Commerce with the special register of commercial brokers.

Therefore, I advise you to make sure that the broker helping you in purchasing the goods is a company duly registered at the Ministry of Industry and Commerce, and that the trade license is still valid and not expired.

Second, According to the article (417) of the Jordanian Criminal Law, Fraud is the act of deluding a person of something fake or does not exist.

Hence, I advise you to go personally to China in case you are dealing with the brokers there for the first time and see the goods, the factory, the seller, the broker and the shipping company.

Moreover, you shall inform about all the legal procedures and the method of payment, which is usually agreed to be through bank transfers to the seller or the broker.

Bank transfers are the most secure methods of paying the price of goods to the seller, as it stands as an assurance for the person or the company who transferred the money, the receiver, the exact amount, the date of transfer, the date of receipt and the reason of the transfer.

Therefore, I advise you in case it was your first time to import goods from China, to travel there and check the feasibility of the deal in all legal and commercial aspects, especially in the part related to the principle of mutual trust in the transaction between you and other businessmen.

In case you travel, check the tests conducted by food control or medical control, the ISO specs, and make an approximate assessment of the customs fees and taxes on sale before importing huge shipments.

In addition, it is crucial to confirm that the same trademark of the goods is not registered in Jordan, otherwise, you will need the written consent of the trademark owner in China before you can sell in the Jordanian market.

This may hold you legally accountable for selling the goods of a registered trademark in Jordan without consent and consequently nullified as per the article (4/6) of the Jordanian Trademark Law.

17 Jan 2018, 12:49

جازاكم الله خيراً أستاذ أحمد

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