The Legal Consequences of a Custodian’s non-fulfillment due to the Lack of Customs Clearance of Goods in Bonded Warehouse Contract

In bonded warehouse contract, the custodian’s fulfillment of delivery obligation should be conditional on the situation that the inventory person has done the work of customs clearance of goods and obtain customs approval by himself/herself or entrusting others. If the inventory person delivery goods without customs clearance by instruction, the custodian constitutes the impossibility of performance, which is the except circumstances of“the other party may demand performance of the obligation”in Article 110 of Contract Law of the People’s Republic of China,. In this case, the custodian should not to be blamed on non-fulfillment of delivery obligation, and the inventory person has no right to claim damages for breach of contract.