What happens if the payment is made to the other company s account and they don t deliver the goods?

According to the contract, if the other party fails to perform its obligations and breaches the contract, you can ask the other party to perform as soon as possible or collect evidence to sue for settlement.

Business-to-business transfers

Meaning: A company-to-company transfer, or a unit-to-unit transfer. Also known as corporate transfer.

Payment method: The opening bank of the legal representative of the payment company transfers money to the opening bank of the legal representative of the receiving company.

Execution method: handled by the financial departments of both companies.

Extended Resources:

Breach of contract

A breach of contract is a breach of a contractual obligation, also known as non-performance of a contractual obligation. The contractual debts here include not only the obligations agreed upon by the parties in the contract, but also the obligations directly stipulated by the law, as well as the obligations that the parties must comply with according to the requirements of legal principles and spirit. It only refers to the objective fact of breach of contract debt, and does not include the subjective fault of the parties and relevant third parties.

The classification of the form of breach of contract in the contract law of each country is different.

Actual breach of contract

Article 29 of China's Law on Foreign-Related Economic Contracts stipulates that "if a party violates a contract and seriously affects the economic interests expected in the conclusion of the contract, fails to perform the contract within the time limit agreed in the contract, and fails to perform within a reasonable period of time allowed to postpone performance, the other party may terminate the contract". As an important rule that allows and restricts the creditor to terminate the contract in the event of a debtor's default, the actual default system is an important measure to maintain contract discipline and protect transaction security, and its scope of application should be universal.

The main manifestations are as follows:

a.Refusal to perform: the debtor indicates to the creditor that it will not perform the contract; This representation is generally explicit or implicit.

b.Improper performance: although the debtor has performed the debt, its performance does not conform to the nature of the debt; Improper performance falls into the following categories:

a.Fulfillment is incomplete in quantity;

b.The variety, specification, model, etc. of the subject matter do not conform to the provisions of the contract, or the subject matter has hidden defects;

c.Harm payment, the so-called harm payment, refers to the form of default in which the performance has a positive infringement of the creditor's right, that is, the form of default that exceeds the performance interest or other damage that occurs outside the performance interest;

d.incompleteness of the mode of travel;

e.Incomplete fulfillment of a breach of ancillary obligations.

If the other party breaches the contract or the contract is not formed, your company can ask them to return the money. If they don't return it, your company can file a lawsuit with the court based on the bank documents and the original contract.

According to the contract, if the other party fails to perform its obligations and breaches the contract, you can ask the other party to perform as soon as possible or file a lawsuit.

If the other party breaches the contract or the contract is not formed, your company can ask them to return the money. If they do not return, your company can file a lawsuit with the court according to the bank slip and the original contract. If the other party fabricates lies to cover up the facts for the purpose of illegal possession, then it is possible to constitute the crime of fraud.

But the problem is that now, after the public security organs get your report, it is very likely that they will not intervene in this case as a civil economic dispute. Therefore, you must find certain clues when reporting the case and inform the public security organs that it is not an ordinary economic dispute.

Clause. 1. Execute in accordance with the terms of the contract between the two parties;

Clause. 2. If the other party breaches the contract, it may request to continue to perform the contract or demand the payment of liquidated damages;

Clause. 3. If the other party clearly states that it will not perform, collect evidence, and the payment does not exceed 24 hours, it can apply to the bank for withdrawal.

Article 214 of the Civil Procedure Law of the People's Republic of China provides that if a creditor requests the debtor to pay money or valuables, it may apply to the basic people's court with jurisdiction for a payment order if the following conditions are met: (1) the creditor and the debtor have no other debt disputes; (2) The payment order can be served on the debtor. The application shall clearly state the amount of money or valuable ** requested to be paid to the Bureau of Prudence, and the facts and evidence on which it is based.

If the other party has no intention of delivering the goods, but takes it for the purpose of illegally taking possession of the payment, it is suspected of constituting the crime of fraud and can go to the public security organ to report the case. If the other party only delays the delivery, it is a violation of the contract prudential law, and you can go to the people's court where the other party is located to file a lawsuit, and the people's court will file a case for review. Article 266 of the Criminal Law: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between three and ten years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property.

Where this Law provides otherwise, follow those provisions.