Every day, many goods are transported and delivered to companies: from machine parts and raw materials that have to be processed into another product, to garments and electronic products that can be sold directly. Whether you are a supplier, a distributor or a transporter, or the person who has ordered the products, you assume that delivery will take place as agreed. These agreements are often laid down in a contract.
But what if your good are not delivered as agreed? For example, because they are delivered too late or because the delivered goods are damaged or have defects? Then, initially, it is important to communicate professionally and amicably with your supplier. If it is not possible to achieve a solution together then you should call in one of our lawyers, quickly. We can help you solve your international business conflict and ensure that a quick and practical solution is achieved that suits your organisation.
Common conflicts when delivering or distributing goods:
• The delivery time is exceeded.
• Nothing is delivered at all.
• Other goods are delivered than the goods that have been ordered.
• The delivered goods do not meet the quality standards.
• The agreement is terminated prematurely and / or unilaterally.
• The invoices for the delivered goods are not paid.
What are your options if you have a conflict regarding delivery of goods?
If you have a conflict about the delivery of goods, there are a number of legal options available to your organisation. Initially, it is important that you are compliant and provide the supplier the opportunity to rectify the situation and deliver the right items as agreed in the first instance. Sometimes, however, subsequent delivery is no longer an option for you because you needed the goods on a specific date. For example, if Christmas items can only be supplied after Christmas. In that case you can terminate the contract and / or request compensation.
For each situation, there are different options for how you can proceed if your goods are not delivered as agreed. Our attorneys will work with you so that the best solution for your organisation is achieved.
The best result in the legal field
Together with you, we choose the best solution for your organisation, after which our lawyers get to work. Whether you still want to receive your goods, ask for compensation or terminate the contract, it is important that the right legal steps are taken. With all options, there is a complaint obligation, which means that you have a time constraint to complain. Often a notice of default must be sent that must also meet specific requirements, such as giving a reasonable term; this however, very much depends on the country in which you are conducting business. In the UK it is not common no usually necessary to send a notice of default however, in Turkey it is mandatory. Even when terminating a contract there are normally legal rules that you must adhere to. This is different for every contract.
In practice, it is common for this procedure to go wrong which can have far-reaching consequences for your organisation. For example, if you wish to end your contract and have not sent a notice of default, in some countries the termination will then not be legally valid. As a result, you could remain bound by the (payment) obligations of your contract and you will also not be permitted compensation. Or even worse: you yourself could be liable for damages because the agreement has not been dissolved correctly. Therefore, make sure you call a specialist in time. Our lawyers always strive for the best solution for your organisation. Preferably without the intervention of a judge, but if necessary we also assist you in the judicial process.
Specialists in solving international legal conflicts
At Bierens International Law, our team of lawyers specialise in solving international business conflicts regarding the delivery of goods. They are knowledgeable and aware of the latest developments in the international legal field.
Would you like more information about resolving a dispute or do you have a conflict with your international supplier? Contact us today.
