Removal of unpaid for goods

[shaunatsf]

Hi,

I was wondering where we stand with regard to removing goods from a site which have not been paid for. Basically we sold beams to a contractor who used them in a house they were building. Now we are 4 months from the date they received them and from the date of the invoice and we are getting nowhere with payment. We have had the usual promises of payment but it has never been been sent and I was wondering how we stand with regard to removing the beams from the site.

At the bottom of all of our invoices and our terms and conditions it clearly states that ownership of the goods dosen't pass to the buyer until they have been paid for.

I want to know where I stand legally with regard to removal of the beams from the site? Obviously I dont want to go and rip somebodies house down but legally can i threaten to do this usless we are paid. In total between the beams and some other steel work we are owed just shy of £10,000 and I cannot afford to loose this money.

My other problem is they are in the Republic of Ireland and I know the laws there do differ from the laws here.

Any advice appreciated.

 

[Michael Gerard]

Recently wrote an article about this: www.michael-gerard.co.uk/blog/briefings/retention_of_title/

If the beams are now incorporated into the building (and by judging the amount of time that has past from delivery, they surely must have been fixed), then you have no chance of invoking your ROT clause.

It is a lot of money but you will have no choice but to instigate legal action.

 

[The Resolver]

"I want to know where I stand legally with regard to removal of the beams from the site?"

Not underneath them, I guess (groan and sorry, couldn't resist)

Recently wrote an article about this: www.michael-gerard.co.uk/blog/briefings/retention_of_title/
It is a lot of money but you will have no choice but to instigate legal action.

You do have another choice - being mediation Give me a call if you want to chat through the propects and cost

 

[shaunatsf]

Hi Graham,

Thanks at least you made me laugh

 

[Geoff T]

My other problem is they are in the Republic of Ireland and I know the laws there do differ from the laws here.

Any advice appreciated.

Actually - IMO as both countries ostensibly operate under the same EU law, it shouldn't be that different.

Talk to TDR and CP - they are both seriously clever guys IMO, and they should be able to help...

 

[Wild Goose]

I think their advice is very clear - once the beams are incorporated into the building your retention clause becomes inoperative. This happens frequently in factories - the minute the bolt you supplied is threaded into someone else's frame it becomes part of goods in production and your retention rights effectively disappear.

I guess the trick would be not to pre-warn your customer - just turn up and if your beams haven't been attached to anything then load them up and drive away before anyone cottons on to you. And if someone tells you to take your pick, don't fall for it