If my distributor said a product would be here on the second week of December, and it doesn't turn up, who is liable for the cancelled orders?
I placed a huge order for all kinds of imported things, which haven't arrived (presumably because they didn't order them in time). So are they liable for the shipment?
I wondered if anyone on here knew.
Ghostrider
17-12-2009, 12:31
If they gave you a delivery date, and they didnt turn up, im guessing that they would be liable....
GrinderBloke
17-12-2009, 18:07
Have your goods been shipped?
Have you got documentation confirming when the supplier was due to ship?
Is the supplier or you responsible for the goods once they are shipped? You may find that once the shipment has been collected from the suppliers premises the goods are your responsibility.
did you get a date in writing? email, invoice etc... always have things in writing, because they are buggers for trying it on
ChrisTodd
20-12-2009, 10:13
I'm not sure but I would say that to sue the distributor for late delivery, or for them to cancel the order at no cost to you, you would need those terms in the contract or order.
So you would need to ensure you had a penalty clause in the order that if delivery wasn't made by a certain date, you would not be liable to pay for the order.
It could be taken further so you could sue for loss of earnings from them.
But I doubt anyone would give you such a firm agreement.
Other than that will your insurance company allow you to make a claim against them?
Penalty clauses are common in big building projects if deadlines are not met.
MNS MIKE
29-12-2009, 10:51
Hi Karis, First of all, find out when it was shipped... then ask why it has been delayed.
Where are you importing this from and by what means? Sea or Air?