Our company signed a CIF contract with an American company, importing a set of equipment.The total amount of the contract was USD8 million.It was stipulated in the contract that "if one of the party of the contract breach the contract,the other party had the right to lodge a claim for compensation", and that“the party breaching the contract shall pay USD12 million as penalty for compensating the other party for the damages.”After the signing of the contract, our company didn't receive the equipment from the American seller,which in turn influenced the production and sale of our own products. As a result, our company lodged a claim against the American seller within the period for claim stipulated in the contract. However, the American seller filed litigation unilaterally to the local court. Comment on the case.