
Paying a deposit is often the price of getting a new supplier to start production, but once the money leaves your account you carry the risk that the goods never arrive, arrive late or do not match the order. A supplier that has already been paid has little financial reason to fix problems, and recovering an advance from another country can cost more than the order is worth. The FBI's Internet Crime Complaint Center (IC3) recorded 56,478 non-payment and non-delivery complaints in 2025, with reported losses of about $503 million, a category that covers both buyers who paid and received nothing and sellers who shipped and were never paid. This guide explains how to verify a supplier before you pay, how to keep the deposit small and tie later payments to inspection and shipping events, and when to use a letter of credit, an advance payment guarantee or escrow. It also covers what Incoterms 2020 rules do and do not settle, how to draft force majeure and arbitration clauses, and how to plan your own cash and stock while a new supplier is producing.
A new supplier has no track record with you, so an advance payment asks you to fund production on trust alone. If the supplier misses deadlines, cuts corners or disappears, the money is already out of your account and your only remedy is a claim against a company in another jurisdiction. Fraud adds to the commercial risk. In its 2025 annual report, the FBI's IC3 recorded $20.877 billion in reported losses across all crime types, 26 percent more than in 2024, and business email compromise, a scheme aimed at businesses that pay suppliers by wire transfer, was the second-largest loss category.
When a new supplier is your only source for a product, an advance payment ties up your cash and your supply plan at the same time. If the supplier fails to ship, the deposit is out of reach for as long as recovery takes, and you may also lose sales while you find a replacement. Smaller importers feel this most, because one lost deposit can absorb the working capital set aside for a season. Keep first orders small, qualify a second source where you can, and avoid paying a large share of the price before you have evidence that production has started.
Once most of the price has been paid, the supplier has little financial reason to accept corrections, meet the agreed ship date or replace defective units. Your main leverage in any purchase is the money you still owe, and a 100 percent advance gives it up before production begins. Keep a meaningful balance outstanding until the goods have passed inspection or the shipping documents are presented, and put change orders, approval steps and delivery dates in writing while you still hold that balance.
Getting an advance back is hard when a dispute arises after payment. The supplier holds the money, and you must prove non-delivery or non-conformity under a contract that may be governed by foreign law. Cross-border litigation or arbitration is expensive and slow, and for a small order it can cost more than the amount in dispute. If the transfer went to a fraudster rather than the real supplier, speed matters even more: report it to your bank at once, because the chance of freezing the funds falls as time passes. Structure your payment terms so that most of the price is paid only after the goods are inspected or shipped.
Checking that a supplier is a real business that can make what it sells is the cheapest protection a buyer has. The IC3 received 1,008,597 complaints in 2025, and it defines business email compromise as a scam targeting businesses that work with suppliers and regularly make wire transfer payments. Before any money moves, verification should confirm three things: the company exists, it can make the product, and the bank account you are paying belongs to it.
Ask the supplier for its certificate of incorporation or business license, its tax or VAT registration number and any export license its product requires, then check them yourself in the official company register of the supplier's country rather than relying on copies sent by email. The registered name, address and directors should match the contract, the proforma invoice and the beneficiary name on the bank account. A mismatch, a very recent registration date for a company that claims years of exports, or a registered activity unrelated to the product is a reason to pause before paying.
Ask for references from other buyers, ideally in your region, and contact them using details you find independently. A B2B marketplace such as Global Trade Plaza can help you shortlist suppliers, but verify each one yourself before you pay. Customs shipment records, where available, show whether the company has actually exported the product it offers. Consistent shipments and buyers willing to speak for the supplier support a first order; no export history, or references that cannot be reached, call for a smaller trial order or a secured payment method.
Credit reports from commercial information providers can show a supplier's ownership, legal disputes, payment record and financial statements where these are filed. For first orders of meaningful value, an independent factory audit confirms that the premises, equipment and workforce match what the supplier claims, and that you are dealing with a manufacturer rather than an undisclosed trading intermediary. These checks cost money, so match their depth to the deposit at risk; the reports give you an objective basis for deciding how much to pay upfront.
Payment security mechanisms let a buyer pay a new supplier without relying on trust alone. A documentary letter of credit makes payment depend on compliant documents, an advance payment guarantee gives the buyer a bank's promise to repay the deposit, and escrow holds funds with a third party until agreed conditions are met. None of them removes the need to verify bank details: business email compromise accounted for $3.05 billion in losses reported to the IC3 in 2025. The right choice depends on the order value, what the supplier will accept and the cost of the instrument in both countries.
A direct transfer in advance gives you no security: once the funds arrive, getting them back depends on the supplier. Under a documentary letter of credit issued by your bank, the supplier is paid only when it presents documents that comply with the credit, such as a bill of lading, a commercial invoice and, if you require one, an inspection certificate. Under the ICC's UCP 600 rules, banks deal with documents and not with the goods, so a letter of credit protects you only as far as the documents you specify; name an independent inspection certificate as a required document if quality matters. Confirmation by a second bank adds that bank's undertaking to pay the supplier, so it protects the supplier rather than you, and it is a concession you can offer a supplier that hesitates to ship without payment.
Escrow holds the buyer's payment with a neutral third party and releases it to the supplier only when agreed conditions are met, such as delivery, acceptance after an inspection period, or a joint instruction from both parties. It suits first orders and custom products where you want to see the goods before the supplier is paid. Before agreeing, check that the escrow agent is licensed or regulated where it operates, read how it handles disputes and refunds, and confirm its fees in writing. Some marketplaces offer their own payment-protection services; read their terms closely, because the conditions for a refund vary.
If a new supplier insists on a large deposit, ask it to have its bank issue an advance payment guarantee in your favor for the amount of the deposit. Under the ICC's Uniform Rules for Demand Guarantees (URDG 758), in force since July 1, 2010, the guarantee is independent of the sales contract: you claim by presenting a demand with a statement of how the supplier is in breach, and the bank is not bound by the terms of the underlying contract. A performance guarantee can also secure delivery on time and to specification. The bank's fee is charged to the supplier as the applicant and depends on its creditworthiness, and a supplier that cannot obtain a guarantee from its own bank deserves closer scrutiny.
Well-structured payment terms keep the buyer's exposure in line with the supplier's progress. Paying in stages tied to verifiable events, such as order confirmation, a passed pre-shipment inspection and presentation of shipping documents, means you never have more money at risk than the work completed justifies. Every stage needs written completion criteria and a named document as proof. Payment instructions need a control of their own: the IC3 recorded 24,768 business email compromise complaints in 2025, and a common tactic is a convincing request to send funds to a new account, so confirm any change by phone on a number already on file and require two people to approve outgoing transfers.
Milestone payments split the price into stages linked to events you can check. One common structure is a deposit on order confirmation, a second payment after an independent pre-shipment inspection passes, and the balance against the bill of lading; the percentages are a commercial choice, not a standard. Define each milestone in the contract together with the evidence that proves it, such as an inspection report from a named agency or dated photos showing batch numbers. Avoid milestones that only the supplier can confirm, because they give you no real control over when your money is released.
A deposit with the balance due on shipment is the simplest structure and the one many suppliers propose. To keep it in your favor, keep the deposit as low as the supplier will accept, and pay the balance only against a copy of the bill of lading and a passed inspection report, not against a statement that the goods are ready. Paying the balance through a letter of credit or a documentary collection means you pay only once the goods have shipped and the documents are presented through the banks. Agree in writing whether and when the deposit becomes non-refundable, and what happens to it if the supplier misses the ship date.
If you pay in a currency other than your own, exchange-rate moves between the deposit and the balance change your landed cost. State the contract currency and agree that any refund of the advance is made in the same currency and amount you sent. A forward contract with your bank can fix the rate for the balance date, and paying both instalments in a major currency such as USD or EUR can reduce conversion costs. Agree who pays bank charges on each transfer, including intermediary bank fees, so that neither side later disputes an underpaid invoice.
Most losses on advance payments trace back to agreements that leave the buyer's protections undefined. Typical gaps are an open delivery date, quality described only by a sample photo, no right to inspect before the balance is paid, and no rule for refunding the deposit if the supplier fails to perform. Each gap gives the supplier room to argue that it has performed while you have nothing objective to point to.
An order with no fixed shipment date makes it hard to prove that the supplier is late and to claim back the deposit. State a latest shipment date, or a window such as a set number of days after the deposit is received, and the remedy if it is missed: a price reduction, the right to cancel with a refund of the deposit, or both. The Incoterms rule you choose defines where delivery takes place and where risk passes: under FCA, CPT and CIP at handover to the carrier, under FOB, CFR and CIF when the goods are on board the vessel at the port of shipment, and under DAP, DPU and DDP at the named destination. Name the rule, the place and the Incoterms 2020 edition in the contract.
Without written specifications, you have no objective basis to reject goods that do not match what you ordered, and a supplier that has been paid in full has no reason to rework them. Attach specifications to the purchase order: materials and grades, dimensions with tolerances, packaging and labeling, and any standard or test method the goods must meet. Reserve the right to a pre-shipment inspection by an independent agency, state the sampling basis and acceptance levels, and make a passed inspection a condition of the balance payment. An approved, sealed reference sample gives both sides a physical benchmark.
Force majeure clauses excuse late or failed performance caused by events outside a party's control, such as war, natural disaster or a government export ban. For a buyer who has paid in advance, the key question is what happens to the deposit: without a clear rule, a supplier can rely on force majeure to delay delivery indefinitely while keeping your money. Require prompt written notice with evidence of the event, set a maximum suspension period after which either party may terminate, and state that an advance for goods not delivered is refunded on termination. Notice periods are a matter of negotiation; there is no standard number of hours or days.
For the buyer, an advance payment is cash that leaves the business weeks or months before the goods can be sold. Long production and transit times widen that gap, and a supplier delay extends it further. Plan the deposit, the balance, freight, duties and taxes as separate outflows with their own dates, and decide in advance how long you can wait for a late shipment before the delay affects your own customers.
Treat each advance as short-term credit you are extending to the supplier, and size it against your available working capital, not only against the order value. Smaller trial orders limit how much of your cash a new supplier holds at any one time, and trade finance from your bank, such as an import loan linked to a letter of credit, can spread the outflow. Where a supplier asks for a large deposit to buy materials, ask to see the material purchase order or invoice before you release the next payment, so the money is used for the purpose agreed.
Schedule payments to a new supplier so that each one follows evidence of progress rather than a calendar date. Ask for the material invoice or goods-received note before a second payment, the inspection report before the balance, and the bill of lading before releasing any amount tied to shipment. Record every payment against the contract and the proforma invoice, and keep a single, verified set of bank details on file. Treat any request to change the account, pay a different company or split the payment as a fraud warning until you have confirmed it by phone.
A first order from a new supplier is more likely to arrive late or need rework, so do not plan your sales as if it will arrive on the quoted date. Keep safety stock from an existing source, or time the first order so that a delay does not leave you out of stock in your peak season. Limit the first order to a quantity you can sell or absorb even if part of it is rejected, and increase volumes once the supplier has delivered on time and to specification.
Incoterms 2020 rules allocate costs, risks and delivery obligations between seller and buyer; they do not govern payment. As the ICC Academy explains, the rules are not a substitute for a sales contract dealing with payment and quality terms, and they do not deal with the passing of title to the goods. Under FOB, CFR and CIF, risk passes to you when the goods are on board the vessel at the port of shipment, and under FCA when they are handed to the carrier, so loss or damage in transit after that point falls on you unless your cargo insurance covers it. Only the D-rules (DAP, DPU and DDP) keep risk with the seller until the goods reach the named destination. Payment dates, the documents that trigger each payment and the moment ownership passes must be written into the contract separately.
A contract that does not state the governing law and the forum for disputes leaves you to argue about both before you can argue about your deposit. Choose a governing law you and your advisers understand and a forum whose decisions can be enforced where the supplier holds its assets. A judgment from your home courts may be of little use if the supplier's country does not recognize it, which is one reason many international buyers prefer arbitration. Write both choices into the contract expressly, because the Incoterms rule does not determine them.
An arbitration clause sends disputes to a private tribunal instead of national courts, usually under institutional rules such as those of the ICC or the LCIA. Its main advantage for a buyer trying to recover an advance is enforcement: arbitral awards can be recognized and enforced in the states that are party to the New York Convention of 1958. Arbitration still takes time and money, and an award is worth only what can be collected from the supplier's assets, so it complements, rather than replaces, keeping the deposit small and secured. Specify the institution, the seat, the language and the number of arbitrators.
Before paying, check that the proforma invoice shows the supplier's full registered name and address, the same beneficiary name and bank account as your verified records, the contract or order number, and the agreed price, currency and payment terms. Keep the bank's payment confirmation, such as the SWIFT MT103 or your bank's transfer advice, as proof of each payment, and ask the supplier to acknowledge receipt in writing. If you later need to claim the deposit back, these records show exactly what you paid, when and to whom.
As the importer, you are usually responsible for the import declaration, so the commercial invoice must match the goods, the packing list and your payment records. Check the Harmonized System classification, country of origin and declared value before the goods ship; the World Customs Organization's HS is used by more than 200 countries and economies as the basis for their customs tariffs. Under the WTO Customs Valuation Agreement, customs value is normally the price actually paid or payable, which includes the advance, so link the deposit and the balance to the same invoice. An inaccurate declaration can lead to delays, penalties or seizure of the goods.
Payments for imported goods are generally outside the scope of withholding tax, but payments for services, design work, tooling or royalties may be subject to it in your country, in which case you, as the payer, may have to deduct and pay the tax. Check your own country's rules before paying an invoice that mixes goods with services, and ask whether a tax treaty reduces the rate. Getting this wrong can leave you liable for tax that was not withheld.
Weak records also make payment fraud easier to miss and harder to recover from, so check every payment request against the verified details on file before it is approved. For the exporter's side of these problems, read our guide on export payment mistakes in Brazil market and how to avoid them.
When a dispute arises after you have paid a deposit, act quickly and in writing. Identify the specific breach, whether late shipment, non-conforming goods or missing documents, and check the contract for the governing law, the dispute resolution clause and any notice requirements. Send the supplier a formal notice that cites the relevant clauses and attaches the evidence, such as the inspection report or the agreed shipping schedule. Withhold any unpaid balance only as the contract allows, because withholding without a contractual basis can put you in breach as well. A clear record from the start improves your chances of a settlement and supports any later arbitration claim.
Warning signs include missed production updates, repeated excuses for delay, refusal to allow an inspection, requests for further payments before the agreed milestone, and requests to pay a different company or bank account. A supplier that asks you to amend a letter of credit to remove the inspection certificate, or to switch from a letter of credit to a direct transfer, is reducing your protection. Respond to each sign by asking for written confirmation of status and dates, and do not release further payments until the milestone evidence arrives.
Most disputes over an advance are settled by negotiation, and the buyer's aim is to get either the goods as ordered or the money back. Propose a call with decision makers on both sides, then offer specific options: rework at the supplier's cost with a firm deadline, a price reduction for minor defects, partial shipment with a refund for the rest, or cancellation with a refund schedule. Record every agreement in writing with amounts, dates and conditions, and do not release further money against verbal promises.
Involve a lawyer when the supplier stops responding, refuses to refund an advance for goods it has not delivered, or claims insolvency, and earlier if the amount at stake is large or the supplier is in a jurisdiction where enforcement is difficult. Counsel should check the dispute resolution clause, the seat and the governing law before you start proceedings, and whether an advance payment guarantee or a letter of credit gives you a faster route to recovery. If the payment went to a fraudster, contact your bank at once and, in the US, report it to the IC3, whose Recovery Asset Team works with banks to try to freeze fraudulent transfers. Preserve all emails, contracts, payment records and shipping documents in their original form.
Trust with a new supplier is built in stages, and each completed order can justify better terms for the next. Start with samples, then a small trial order paid with limited exposure, and increase volumes and relax payment terms only after the supplier has delivered on time and to specification. Being a reliable buyer helps too: clear specifications, prompt approvals and on-time payment of agreed milestones make a supplier more willing to accept terms that protect you.
Agree at the start who the contacts are on each side, which channels you will use, and how changes to specifications, dates or bank details are approved. Keep technical drawings, approved samples, inspection reports and shipping documents in one shared folder so both sides work from the same version. State in writing that payment instructions will never be changed by email alone and that any change must be confirmed by phone on a number already on file.
Ask for updates at fixed points, such as receipt of materials, first-article approval, mid-production and final packing, rather than only when you chase them. Useful updates include dated photos or video showing batch numbers, quantities and packaging marks, along with any deviation from the approved sample and the proposed fix. Regular, verifiable updates let you see problems while they can still be corrected, and they give you the evidence you need to release, or hold, the next payment.
A formal sample approval fixes the quality standard before your deposit funds full production. Ask for pre-production samples made with the actual materials and process, check them against the purchase order specifications, and approve or reject them in writing on a signed approval sheet. Agree how many revision rounds are included and how long each may take. Once a sample is approved, seal it and keep one at the factory and one with you, so that inspections and any later quality dispute are judged against the same physical reference.
Paying a new supplier in advance is sometimes unavoidable, but the amount you put at risk and the conditions for releasing it are yours to negotiate. Verify the company and its bank account before the first payment, keep the deposit small, tie later payments to inspection and shipping evidence, and use a letter of credit, an advance payment guarantee or escrow when the amount justifies it. Write delivery dates, quality standards, refund rules, governing law and arbitration into the contract, and remember that Incoterms decide delivery and risk, not payment. With those controls in place, a first order becomes a limited-risk test of the supplier, and later orders can move to easier terms on the strength of a proven record.
Paying 100 percent in advance is the riskiest option for a buyer, because it gives up your leverage before production starts and leaves recovery dependent on the supplier's goodwill or a cross-border claim. If a new supplier insists on full prepayment, keep the first order small, or ask for an advance payment guarantee from the supplier's bank, escrow or a letter of credit. A staged structure, with a modest deposit and the balance against inspection and shipping documents, is a fairer starting point for a first order.
Check that the beneficiary name on the bank details matches the supplier's registered legal name in the official company register and on the contract, and that the account is held in the supplier's own country unless there is a clear reason otherwise. Confirm the details by phone with a contact you already know, using a number from your own records rather than one given in the email. Treat any later request to change the account, use a personal account or pay a third company as a fraud warning until confirmed.
Send a formal written notice that cites the delivery date and the refund clause, and set a final deadline. If you hold an advance payment guarantee, you can claim under it by presenting a demand that states how the supplier is in breach. Otherwise you must rely on negotiation and then on the dispute resolution clause in the contract, usually arbitration or court action where the supplier has assets. If you suspect fraud, tell your bank immediately and, in the US, report it to the FBI's IC3.
You can cancel if the contract gives you that right, for example where it states a latest shipment date and allows termination with a refund of the advance if that date is missed. Without such a clause, your rights depend on the governing law and on how serious the delay is, so take legal advice before you cancel. Give notice in writing, keep evidence of the delay, and state the refund amount and the account it should be paid to.
If you pay in a foreign currency, the exchange rate can change between the deposit and the balance, so your total cost in your own currency is not fixed when you place the order. A forward contract with your bank can lock the rate for the balance date. State the contract currency in the purchase order and agree that any refund of the advance is paid in the same currency and amount, so you do not bear an exchange loss on money returned to you.
Keep the signed contract or purchase order, the proforma invoice showing the verified bank details, the bank's payment confirmation such as the SWIFT MT103, and the supplier's written acknowledgment of receipt. Link each payment to the final commercial invoice so that the total price paid matches the value declared at import. These records prove what you paid, when and to whom if you need to claim a refund, a payment under a guarantee or an insurance recovery.
Escrow or a marketplace payment-protection service can reduce risk on a first order, because the funds are held by a third party and released only when agreed conditions are met. Before using one, check who operates and regulates it, what proof is needed to trigger a refund, how long disputes take and what it charges, since fees vary by provider and transaction size. Make sure the release conditions match your contract, such as delivery of the goods or a passed inspection.
Allocate the deposit across the order, either in proportion to each shipment or against the first shipment only, and state the allocation in the contract. Pay for each later shipment against its own bill of lading and inspection report. This prevents a situation in which the deposit has been used up on an early shipment and the supplier asks for further advances for goods it has not yet produced. Keep a running reconciliation of amounts paid against the value shipped.
There is no standard timeline. A refund depends first on the supplier agreeing to pay, or being obliged to pay under the contract, a guarantee or an arbitral award, and then on bank processing, which can be slower when intermediary banks or compliance checks are involved. Set a refund deadline in the contract, state that the refund is made in the original currency without deductions, and agree who bears the bank charges on the return transfer.
Ask for an advance payment guarantee when the deposit is large relative to your working capital, or when the supplier is new and hard to verify. The supplier's bank issues the guarantee in your favor for the amount of the advance. Under the ICC's URDG 758 rules, the guarantee is independent of the sales contract, so you claim by presenting a complying demand with a statement of how the supplier is in breach. Agree the wording, the expiry date and the issuing bank before you pay.
Confirm every new or changed set of payment details by phone on a number already in your records, never one supplied in the request itself. Require two people to approve outgoing international transfers, and train staff to treat urgency, secrecy and a new bank account as warning signs. Business email compromise led to $3.05 billion in losses reported to the FBI's IC3 in 2025. If money goes to the wrong account, contact your bank immediately, because speed improves the chance of freezing the funds.
Payments for imported goods are generally outside the scope of withholding tax, but payments for services, design work, tooling or royalties may be subject to it in your country, in which case you may have to withhold and pay the tax. Import duties and import VAT or GST are usually charged when the goods are imported, based on the customs value, which includes any advance paid. Rules differ by country, so confirm the treatment with a local tax adviser before you pay.