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Supplier delayed delivery now asking for money and legal action


17-Apr-2023 (In Corporate Law)
I ordered a container quantity from a shoe supplier in Kanpur in October 2016 which he said he will deliver in 30 days but the material reached us in January 2017. Payment terms agreed were 45 - 60 days. We placed another order with the manufacturer for container but told them we need timely delivery (as it was for a specific order) which he agreed but even after continuous follow-ups till March 2017 he did not deliver the material. We paid for 1st container partially till feb and all remaining dues for first container were cleared by March 2017. now in April he has started forcing to pick up the material for 2nd container but we told him we have lost the order due to his delay and now we don't need the material. he is threatening to take legal action. What can we do to protect ourselves from any legal hassles.
Answers (3)

Answer #1
533 votes
You need to provide further details for getting a better solution to the situation. Firstly, was there any written agreement between the dealer and you? Secondly, is there any other written communication from the dealer regarding his acceptance for provision of the ordered item within prescribed limit of time? An action for damages may arise only in case of breach of legally and mutually agreed conditions.
Answer #2
734 votes
U have Not mentioned whether u gave order in written or any agreement/ contract was signed. Anyway u can immediately reply to him by email mentioning because timely delivery not done , also quote for losses due non timely delivery of 1st order.
Answer #3
630 votes
Sir, you should mot be worried as according to what you state, time was an essence of contract and when they have not supplied goods within time they have violated the contract and should be liable for the breach.
I would suggest you take legal action against them for compensation of such breach.

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