How to
How to respond to a supplier that delivers late
A practical escalation and remediation workflow used by procurement teams in Mexico when a merch supplier misses a confirmed delivery date, with INCOTERMS, IMMEX and CFDI considerations.
Why late deliveries hurt more in Mexico
Late merch deliveries are not just a missed date. They cascade through production calendars, event schedules, fiscal closings and the customs paperwork that ties every imported item to a pedimento. In Mexico, a three-day delay can mean a missed Semana Santa event, a quarter-end campaign that launches a week late, or an IMMEX program whose maquiladora output does not match the projected export volume. The cost is rarely the unit price; it is the schedule cost and the reputational cost with the internal client.
The first response tends to be emotional. The right response is procedural. Most purchase orders in Mexico include penalties, but those penalties only apply if the documentation was right from the start: signed contract, accepted PO, advance payments linked to milestones, and a delivery date confirmed in writing. If any of those is missing, the legal claim is weaker than the team assumes.
This workflow assumes the supplier is willing to deliver eventually. If the supplier is insolvent, has changed ownership or is asking for a price renegotiation before resuming production, the workflow forks into a recovery procedure that is covered separately.
Late-delivery workflow in 7 steps
- Confirm the slip in writing — email or message the supplier the same day the delivery was due and ask for a new confirmed date. Verbal reassurances from a sales rep do not survive a later audit. Capture the response in PDF.
- Review the contract and the PO — check the agreed INCOTERMS (EXW, FOB, DAP), the penalty clause, the force-majeure carve-out and the inspection window. In Mexico, many contracts rely on the Código de Comercio supplement schedule for delivery obligations, so know which one applies.
- Quantify the internal impact — list every event, campaign, fiscal window and downstream stakeholder affected by the slip. Translate it into MXN and into days-of-cause delay. This is the number the supplier will respond to.
- Activate the backup plan early — if your PO includes a backup supplier or a make-good clause, trigger it now, not at the new delivery date. Lead times in Mexico can be 3–6 weeks for decorated apparel; waiting until day 30 to call the backup is the difference between a recovered schedule and a missed event.
- Reconcile the CFDI and pedimento — late delivery does not change the CFDI date the supplier stamps, but it changes the entry date into your inventory. Both must reconcile when SAT reviews the file. If the supplier will issue a corrected CFDI, get it in writing before accepting the late shipment.
- Communicate up the chain — brief the brand owner, the event lead and finance with the new date and the remediation plan. Do not let them discover the slip from the missing boxes on event day.
- Decide whether to keep the supplier — after delivery, run a vendor scorecard: was the delay explained, documented and remediated, or hidden? A single late delivery is acceptable; a pattern is a sourcing decision.
Common pitfalls to avoid
Do not accept partial deliveries without a written amendment. A partial drop without an amendment is interpreted as a default on the full PO, which puts you in a stronger position legally but a weaker one operationally. Pick the path on purpose.
Avoid paying the late balance until the corrected CFDI is on file. A common scam in Mexican merch supply is to deliver late, demand the balance, and then never issue the corrected invoice. Pay only against documentation that reconciles with the goods received.
Do not assume that a verbal promise of "next week" is enforceable. Verbal commitments are valid under Mexican commercial law but are extremely hard to prove without corroborating evidence. Capture every promise in a message, an email or a signed act.
Watch for the trap of compound delays. A supplier that misses by two days and then asks for a week to "make it perfect" is signalling that the production schedule is broken, not the delivery schedule. Treat the second slip as a separate event with its own escalation.
If the merch is for an IMMEX program, a late delivery can throw off the export-balance calculation that the maquiladora must file monthly. Loop in the IMMEX specialist before accepting any new date, because the customs implications are larger than the unit cost.
Do not skip the quality inspection on a late or partial shipment. The temptation is to wave it through because the program is already strained. A second dispute, this time over quality, doubles the work and pulls the supplier relationship past the point of repair. Run the full inspection, log the deviations, and use them as a separate lever in the negotiation.
Resist the urge to punish the supplier at any cost. Procurement teams that turn every late delivery into a public fight gain a reputation as difficult partners and lose access to backup suppliers. Penalties are a tool, not a moral verdict; use them proportionately, document them carefully, and only after the recovery plan is already moving.
Finally, prepare two communication scripts for the internal client: one for "delay is still recoverable" and one for "delay has eaten the event". The second script must include a concrete apology, a concrete gesture of compensation, and a realistic new plan. The internal client should hear it from you first, not from the supplier or from event-day volunteers.
Templates, tools and references
Escalation checklist: written confirmation of the slip; contract and PO review; internal impact MXN and days; backup-supplier trigger decision; CFDI and pedimento reconciliation note; up-the-chain briefing; vendor scorecard after delivery.
Communication templates: a first-reminder message that asks for a new date without threatening penalty; a second-reminder message that references the original clause; a penalty-notice letter that suspends the balance until delivery; a make-good amendment if a partial delivery is acceptable.
Documentation kit: signed contract PDF; accepted PO with all addenda; supplier messages archived as PDF; delivery receipt or refusal act; corrected CFDI with the new UUID; pedimento entry record if imported.
Regulatory references: Código de Comercio Art. 373–383 for delivery obligations and merchantable quality; CFF Art. 29 for CFDI requirements and corrections; Ley Aduanera for pedimento and IMMEX timing.