from which day does "within 60 days due net" start counting

Resolved
SERVICE
TRACKING NO. 20260103 / GLOBAL Zhongshen Trade · 23+ Years of Expert Trade Agency
Trade Challenges?
No import/export license, customs delays,
or complex compliance issues.
Our Solution
One-stop full-chain agency: ensure efficient
clearance and fund security.
Cost OptimizationUrgent ClearanceGlobal ResourcesCompliant Rebates
In our contract with the client, it states "within 60 days due net", but it doesn't specify whether this 60-day period starts from the invoice date, the shipping date, or the receipt date. Now, the client insists on calculating the due date based on their receipt date, while we believe it should be based on the invoice date. How should we define this? Are there any industry standards or conventions for this?

Expert Insights

Expert Q&A

Linda Gao
Linda GaoYears of service:7Customer Rating:5.0

Documentation SupervisorStart a Chat

The core risk of this clause lies in the "ambiguous agreement". In international trade,"within 60 days due net" itself does not have a unified statutory starting date,and it must rely on clear contractual provisions. If the contract is not clear,according to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the general principles of national commercial laws,the interpretation will generally be unfavorable to the drafting party,that is,it may be calculated based on the customer's understanding of the receipt date. From the perspective of compliance and risk control,you need to immediately check three things: first,whether there are any supplementary definitions of the "starting date of payment" in the contract text or annexes,second,whether there have been any default calculation methods in past emails,order confirmations,and other written records,which may constitute a de facto agreement,third,whether your invoice indicates the "due date of payment",which will serve as important evidence. It is recommended that in the future,you explicitly write into the contract precise expressions such as "Payment term: within 60 days from invoice date" or "from B/L date",to avoid disputes.

Jason Wu
Jason WuYears of service:10Customer Rating:5.0

International Logistics & Supply Chain ManagerStart a Chat

From a logistics perspective, these 60 days are typically directly linked to trade terms. For CIF or FOB terms, the industry generally calculates from the bill of lading (B/L) date or the shipment date, as the ownership of the goods has already transferred and the seller's obligations are largely fulfilled at this point. For DAP or DDP terms, customers may insist on calculating from the receipt date, as delivery is only considered complete at this point. What you need to do now is review the Incoterms rules in the contract, which is the first basis for judgment. Additionally, the invoice date is usually the earliest, but it's the least favorable from a cash flow perspective. My advice is: If the goods haven't been shipped yet, send an email to the client to confirm the calculation rules in writing; if the goods have already been shipped, check the logistics documents' dates to see if they correspond to the invoice date. Remember, when banks process collections or letters of credit, they only look at the surface dates of the documents, so it's safest to keep your invoice date and B/L date consistent.

Michael Zhang
Michael ZhangYears of service:6Customer Rating:5.0

Customs Declaration & Compliance ExpertStart a Chat

The most worrying thing in this situation is ambiguity that breeds mistrust among clients. What you need to do now is take the initiative to communicate rather than wait for the client to make unilateral decisions. I suggest you send an email immediately, maintaining a professional yet friendly tone. You could write: "Regarding payment terms, to ensure mutual understanding, I'd like to confirm that 'within 60 days due net' in our contract refers to payment within 60 days from the invoice date, correct?" This not only shifts the responsibility back to the client but also demonstrates your professionalism. If the client insists on calculating from the receipt date, you could propose a compromise: "Considering our long-term cooperation, we'd accept payment within 45 days from the receipt date." This preserves the relationship while shortening the payment period. Remember, payment terms are negotiated, not unilaterally interpreted. Next time before signing contracts, always use unambiguous phrasing like "Net 60 days from [specific date]," and if necessary, add a bracketed explanation.

Note: We respect all users' expressions; however, user comments represent their personal views only.