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can I sue a customer for non payment of items brought in specifcally for them but have repo from customer.
Phoenixville, PA
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Posted 4 months ago in Contracts / Agreements
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We brought in product specifically designed for this customer who did not paid for them. We in turn repossed the items about 30 days after delivery. We are still stuck with the product because sell them unless the new customer has the same requirement.
Can we still sue the customer for the cost of products brought in specifically for them even though they no longer have the physical product? Answers (1)
Daniel Andrew Pallen
This attorney is licensed in Pennsylvania and 1 other state.
Posted 4 months ago.
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Under the uniform commercial code which Pennsylvania law mostly incorporates, the rejection of goods by a buyer must be within a reasonable time after their delivery. It is ineffective unless the buyer seasonably notifies the seller. The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes him from relying on the unstated defect to justify rejection or to establish a seller's breach.
The short answer is yes. You can begin a court action. Caution: suing and winning are two different things. The question of fact and the strength of your case will be tested against the particulars of the product and whether their rejection of your items was justifiable under the law. Please contact my office in Media, PA if you have any further questions: (610) 566-1006 |
