International B2B Contracts & Trade Law

How do I handle late delivery from an international supplier?

Updated: 2026-10-14

Short answer

Check the contract's delivery date, delay-notice procedure, and remedies; then contact the supplier promptly and request a written recovery plan with realistic milestones. Document the impact of the delay and explore practical alternatives. If the supplier fails to resolve the problem, review your contractual and legal options before withholding payment, cancelling the order, or claiming damages.

Review the Agreed Delivery Terms

Confirm the contractual delivery date, delivery location, applicable Incoterm, permitted extensions, shipment schedule, and any agreed grace period. Check whether the contract distinguishes dispatch from arrival or delivery at the named destination. Review the force majeure provisions, notice requirements, liquidated damages or other delay remedies, and conditions for termination. The agreed delivery obligation and applicable law determine which rights may be available.

Contact the Supplier and Request a Recovery Plan

Ask for the reason for the delay, the goods' current production or shipment status, the remaining steps, and the earliest realistic delivery date. Request a written recovery plan with specific milestones, responsible contacts, and regular updates. Confirm whether partial shipment, expedited transport, alternative production, or another workable arrangement could reduce the impact. Record any agreed changes to delivery dates and costs in writing.

Document the Impact and Limit Further Losses

Keep the contract, purchase order, revised schedules, supplier correspondence, tracking records, and evidence of costs caused by the delay. Depending on the transaction, consider whether substitute goods, temporary sourcing, revised production planning, or alternative transport could reduce the loss. Record the cost and feasibility of any mitigation steps. Avoid making unsupported claims or agreeing to revised terms without checking how they affect existing rights and obligations.

Check Your Remedies Before Taking Action

Depending on the contract and governing law, potential remedies may include an agreed extension, recovery of qualifying damages, contractual delay compensation, substitute procurement costs, or termination if the relevant conditions are satisfied. If the CISG applies, its rules may provide remedies for breach and include procedures affecting additional time to perform and avoidance of a contract. These remedies are subject to legal requirements and circumstances; a missed date does not automatically permit cancellation in every case. Seek legal advice before taking an irreversible step in a high-value dispute.

Improve Future Supplier Delivery Performance

For future orders, establish realistic production and delivery milestones, require early warning of possible delays, and define reporting and escalation procedures. Consider pre-shipment inspection, backup sourcing, buffer time for customs and transport, and contract remedies appropriate to the product's commercial importance. Review the supplier's performance over time and update lead-time assumptions using actual results. A clear delivery and delay-management process can reduce disruption in future international orders.

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