Nondelivery

Nondelivery is the failure to deliver goods or services as required by a contract. It can be total (no delivery at all) or partial (the delivered quantity or items do not match the contract). It may involve physical shipments, digital goods, or service performance, and is typically distinguished from late delivery by the absence of timely delivery under the agreed terms.

Contexts and causes: Nondelivery occurs in retail, e-commerce, international trade, freight, and postal or courier services. Common causes include stock shortages, production or processing delays, logistical failures, misrouting, miscommunication, or deliberate breach. Force majeure or contractual exclusions may limit liability in some cases, while consumer protection laws may impose stricter duties in relation to goods or services sold to consumers.

Remedies and legal framework: Remedies depend on jurisdiction and contract terms. Buyers may seek damages for losses caused by nondelivery, rescission of the contract, or replacement goods. In some legal systems, specific performance or a price refund with interest may be available. In international trade, nondelivery can trigger remedies under frameworks such as the CISG, and terms defined by Incoterms influence when risk and delivery obligations pass between seller and buyer. Carriers may bear liability for nondelivery due to failure to hand over goods, subject to the terms of the bill of lading or transport contract.

Practical considerations: Parties should document communications, preserve evidence of the contract and delivery terms, and promptly notify the counterparty when nondelivery occurs. Buyers should review warranty and refund policies, while sellers should assess replacement or remedy obligations to minimize losses and resolve disputes efficiently.