If you work with suppliers for your company or webshop, there is a risk that a conflict may arise. By making good arrangements at the beginning, you can prevent a lot of suffering. But what if things still go wrong, how do you quickly resolve such a conflict with a supplier? This is why for the elements of negligent misrepresentation you will need a lawyer.
A few years ago things went wrong during the Crazy Color Run in Leeuwarden. Hundreds of runners volunteered to be sprayed with paint in all colors of the rainbow during the race. A colorful spectacle especially the external supplier had supplied paint powder with new fluorescent clothes to the Color Run. Hilarity was everywhere, but the fun was quickly over when they tried to wash the paint from their hair. It did not work.
As a result, hundreds of people walked around wearing a fluorescent haircut and it was raining claims from the organization for hairdressing costs, clothing and other accessories. The organizer’s reputation was seriously damaged: who is confident that good paint will be used next time? The external paint supplier was incidentally immediately formally held liable. Who in turn declined responsibility, said the spokesperson in the daily newspaper: annoying, but not our fault.
Terms of delivery
The above is an example of a conflict between a company and a supplier something that can also happen to your company or webshop. For the waiver of condition precedent law California this is important. What is the best thing to do to solve this as well and quickly as possible? First check the agreements made with the supplier in his delivery terms. Just as you send terms of delivery to the customer, you have received these from the supplier. And have you agreed to this.
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More about legal aid
It is important to send a letter first. First, you don’t want to break a good relationship by directly threatening legal action. After all, the error could also have been accidental or force majeure. Secondly, it is legally required to give someone a notice of default before you go to court, and thirdly, a procedure always costs money and time. Even if you win, you sometimes lose for example, the defendant may be bankrupt.
Terms of delivery are part of the general terms and conditions which include all legal matters that apply to the delivery of a product or service. Consider, for example, the delivery time of the product; how the cancellation of an order is arranged and what happens in the event of a force majeure situation, for example not being able to deliver due to severe weather or a package that has been stolen or disappeared.
If it appears that you are fully entitled, please contact the supplier. Let him know in writing that he has failed and give him the opportunity to correct the error. You do this by setting a reasonable period to still fulfill the agreements. This period depends on the situation and you can determine this yourself; usually a period of fourteen days is applied. If it is urgent an undelivered order of jeans so that you have to break promises to customers you can put it more quickly. The lawyer can tell you how to enforce a non-compete contract.