When placing an order, you usually determine which goods must be delivered. But what if you are not satisfied with the quality of the delivered products? What are your legal options? Our specialists in the field of contract law can assist you to ensure that you get what you are entitled to.
Supplier delivers poor quality goods
Establishing that a product does not meet the expected quality requirements is not always easy. According to the law, you can expect a supplier to have certain standards. If this is not the case, there is a breach of contract. Your supplier has not fulfilled the contractual agreements, even if nothing about the quality is included in the contract.
Timely complaining of poor quality
It is important to complain in a timely manner when you are not satisfied with the delivery. If this happens too late, your rights can expire. According to the law, you must notify your supplier of your complaint within 'competent time' after you have discovered or should have discovered the bad quality. In addition, it is not only important to complain in time, but you also have limited time for taking legal action. You should check your contract regarding the complaints procedure. It may be stipulated in the terms the length of time you have to complain. If you are unsure, you should seek advice from a specialist. Our lawyers can support your organisation in this process and ensure that valuable time is not lost.
Send a notice of default
If your supplier has delivered poor quality, there is a breach of contract. Before you can take legal action, it is important that you give the other party a reasonable chance to still fulfil the agreements from the contract. This can be done by means of a notice of default. For example, you can ask the supplier to supply new products that meet the quality standard, but you can also ask the supplier to repair the current goods. If your supplier does not respond to this notice of default, then there is an omission. In that case, dependent on the details of your contract and the country of your supplier, you can demand compensation and possibly terminate the contract with your supplier. In Turkey, it is mandatory to send a notice of default.
Before sending a notice of default, be sure to read and understand the contract, in particular the refund and returns policy clauses.
Specialised in solving business conflicts
We have a team of more than 35 lawyers specialising in contract law, both nationally and internationally. They can assist you when contractual agreements regarding the delivery have not been fulfilled.
Advice from a specialist lawyer
Do you have a conflict with your supplier about a delivery? Or would you like to know more about your legal possibilities? Please contact us. Our lawyers are happy to help you.