- Original Poster
- #1
Sigh, I sort of new this would happen, but it still leaves a bad taste in the mouth.
This is a continuation of my ongoing saga (akin to David wanting to hang out with Goliath)... http://www.ukbusinessforums.co.uk/threads/interest-from-a-major-chain-erhm-what-next.338901/ but this latest twist probably warrants a new thread so it doesn't get lost in the 'noise' of that very long thread.
The abridged version, I agreed to supply a large nationwide retailer approximately £10k of stock (cost to me) on a "Sale or Return" basis earlier in the year for a trial period. the trial period expired, I suspected it wasn't successful, they sent me a cheque for the full amount, I banked it & it is cleared.
Surely enough, their buyer has just contacted me today, with something along the lines of this...
"We've only sold 28% of the product you supplied, I understand these were ordered sale or return, we are happy for you to collect, but given they are spread around several hundred branches across the Uk, you may prefer to write off rather than return?"
We are talking about £7k here.
Now, I'm not about to drive around the UK collecting 2 or 3pcs from a few hundred branches, but I'm not keen to write off £7k on a whim"
In the light that they've actually already paid for these...couldn't that be considered an acceptance of a 'sale' (vs. a return?").
My main issue here, is that we supplied this product on the basis that the product would be placed on their website...it wasn't - the product we supplied them sells better on a website (vs. instore because a promotional video puts across the product's USP)...therefore they've not upheld their part of the deal...& because of this, I'm just mean to eat a £7k loss?!!
Now I'm sure their legal team are far better than mine (because I don't have one!), but would be grateful for input as to how to approach this (This customer can surely be deemed 'lost' so I don't care if I now piss them off!). The way I see it I have to options...
1. I now full declare my hand a small husband/wife type business & hope this person takes pity (towards pulling the product back in from their nationwide branches) to facilitate easier collection - being realistic, I don't see that they will...
or tell them....
2. Sorry, you've already paid for these...we consider that a 'sale' (vs. a return)...bye. (then wait for the letter to roll in from their legal team!)
I've had a quick look at their actual formal terms (standard contract) ...there's not much in there about returns at all (& nothing about sale or return...that was just a brief email along the lines of "we'd want these on sale or return")
So I guess it boils down to this question .....in legal terms when product is supplied on sale or return, can the customer - by them paying in full - be considered to have accepted the product as a 'sale' part of the term?!!!
This is a continuation of my ongoing saga (akin to David wanting to hang out with Goliath)... http://www.ukbusinessforums.co.uk/threads/interest-from-a-major-chain-erhm-what-next.338901/ but this latest twist probably warrants a new thread so it doesn't get lost in the 'noise' of that very long thread.
The abridged version, I agreed to supply a large nationwide retailer approximately £10k of stock (cost to me) on a "Sale or Return" basis earlier in the year for a trial period. the trial period expired, I suspected it wasn't successful, they sent me a cheque for the full amount, I banked it & it is cleared.
Surely enough, their buyer has just contacted me today, with something along the lines of this...
"We've only sold 28% of the product you supplied, I understand these were ordered sale or return, we are happy for you to collect, but given they are spread around several hundred branches across the Uk, you may prefer to write off rather than return?"
We are talking about £7k here.
Now, I'm not about to drive around the UK collecting 2 or 3pcs from a few hundred branches, but I'm not keen to write off £7k on a whim"
In the light that they've actually already paid for these...couldn't that be considered an acceptance of a 'sale' (vs. a return?").
My main issue here, is that we supplied this product on the basis that the product would be placed on their website...it wasn't - the product we supplied them sells better on a website (vs. instore because a promotional video puts across the product's USP)...therefore they've not upheld their part of the deal...& because of this, I'm just mean to eat a £7k loss?!!
Now I'm sure their legal team are far better than mine (because I don't have one!), but would be grateful for input as to how to approach this (This customer can surely be deemed 'lost' so I don't care if I now piss them off!). The way I see it I have to options...
1. I now full declare my hand a small husband/wife type business & hope this person takes pity (towards pulling the product back in from their nationwide branches) to facilitate easier collection - being realistic, I don't see that they will...
or tell them....
2. Sorry, you've already paid for these...we consider that a 'sale' (vs. a return)...bye. (then wait for the letter to roll in from their legal team!)
I've had a quick look at their actual formal terms (standard contract) ...there's not much in there about returns at all (& nothing about sale or return...that was just a brief email along the lines of "we'd want these on sale or return")
So I guess it boils down to this question .....in legal terms when product is supplied on sale or return, can the customer - by them paying in full - be considered to have accepted the product as a 'sale' part of the term?!!!