Supplier delivered goods to wrong address

[Naseem M]

We ordered some goods from a company on behalf of a client of ours and we realised through the process that our client was having some money issues and there was a possibility we would not be paid. We asked our supplier to deliver the goods to us so we could hold them until we received the money.

The supplier inadvertently delivered the goods to our client's address when he wasn't there - it was signed for by a third party and now our client denies ever receiving them.

Our supplier is chasing us to be paid and we are indicating that we have never received the goods. We reported a non delivery straight away to our supplier, obviously the goods legally belong to our supplier but I cannot see why I should pay. Am I right?

 

[fisicx]

You ordered the goods. They were delivered to the address initially supplied. You now need to pay.

As far as the supplier is concerned you are the buyer. The supplier doesn’t know about or cares about your customer.

Why did you claim non-delivery? The goods were delivered and signed for. Do you have written confirmation that they agreed to the change of delivery address?

 

[Mark T Jones]

The devil is always in the detail

What do the various contracts say

What evidence do you have of discussions & delivery?

 

[Naseem M]

You ordered the goods. They were delivered to the address initially supplied. You now need to pay.

As far as the supplier is concerned you are the buyer. The supplier doesn’t know about or cares about your customer.

Why did you claim non-delivery? The goods were delivered and signed for. Do you have written confirmation that they agreed to the change of delivery address?

You ordered the goods. They were delivered to the address initially supplied. You now need to pay.

As far as the supplier is concerned you are the buyer. The supplier doesn’t know about or cares about your customer.

Why did you claim non-delivery? The goods were delivered and signed for. Do you have written confirmation that they agreed to the change of delivery address?

Yes we clearly told them to deliver to a different address which they have accepted. they didn't change their internal system to the new address and that is where the error lays

 

[Naseem M]

The devil is always in the detail

What do the various contracts say

What evidence do you have of discussions & delivery?

We certainly emailed them the new address and our supplier have admitted not updating their system. On the delivery the itself there is no photographic evidence, it is not signed for by the consignee, the delivery companies paperwork says the consignee was present but he wasn't there, it was signed for by somebody else - it was a private address we were delivering to not a company. It is a mess! I will look at the contracts again

 

[MikeJ]

On that basis, they've failed to deliver as per the contract and you are in the right.

 

[HFE Signs]

I think the issue is more that your customer should pay you, otherwise you go and collect the goods

 

[fisicx]

We certainly emailed them the new address and our supplier have admitted not updating their system.

If that is the case then ignore my previous post: delivery has not been completed if you can prove they agreed to the change of address.

 

[Naseem M]

I think the issue is more that your customer should pay you, otherwise you go and collect the goods

In the normal order of events this would be true. When people don't want to pay suddenly they 'disappear' and don't answer calls or emails. I will be paying a visit to the premises in the next 24 hours

 

[HFE Signs]

In the normal order of events this would be true. When people don't want to pay suddenly they 'disappear' and don't answer calls or emails. I will be paying a visit to the premises in the next 24 hours

This is why I said, go and collect the goods - we've been in a similar situation, you get a different reaction when it's face to face, good luck

 

[fisicx]

In the normal order of events this would be true. When people don't want to pay suddenly they 'disappear' and don't answer calls or emails. I will be paying a visit to the premises in the next 24 hours

And if they still say they don’t have the goods? What do you do then?

 

[eteb3]

Mark is dead right this all lies in the detail. Check the tolerably readable Sale of Goods Acts for the default positions, but I’m guessing your supplier has standard terms and they are likely to overrule the Acts.

 

[Paul Kelly ICHYB]

Sale of Goods Acts

Does this apply to B2B?

 

[eteb3]

Does this apply to B2B?

Yes it applies more to B2B than to consumers. Enacted largely as a codification of the common law at the end of the nineteenth century, when there were no protections for consumers.

 

[Paul Kelly ICHYB]

I never knew that!

 

[Michael Loveridge]

This actually sounds quite straightforward. Your supplier agreed to vary the original contract by changing the delivery address; they broke that term of the contract by delivering to the wrong address; and therefore you aren't liable to pay then anything as they have committed a fundamental breach of contract.

In fact, you would be able to buy the product elsewhere, and if, having made reasonable efforts to source it at the same price, you had to pay more, you could then potentially claim the difference from them.