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Posted

I have a legal question relating to late customer delivery and wonder if anyone can help.

Basically, we were late to deliver part of an order by 1-2 weeks and the customer is claiming about 35% of the total order value. There is no legal notice - just a request by email to pay the ‘claim’ amount. I have asked the customer to explain how they calculate this and had not heard anything for over a week. We have no formal sales agreement. Only a signed Purchase Order and a quotation to them which was not signed back. Payment has been made in full by the customer at the time of the completed delivery. We had no intention to deceive the customer and the delivery time we gave was based on our supplier information. The goods were office equipment and the delay was from a manufacturing delay.

I’d like to ask for a legal opinion on this. Is the customer entitled to a claim given there is no specific sale and purchase agreement in place? What do the laws in Thailand allow for under this circumstance?

Posted

They can claim for whatever they want. You are not obliged to pay.

 

If they are unhappy, they can take the contract they don't have to Court.

 

Basically they are trying it on. Send them an invoice for 20k for "administration". When they ask what it's for, tell them it's the fee for dealing with their correspondence. 

Posted
26 minutes ago, blackcab said:

They can claim for whatever they want. You are not obliged to pay.

 

If they are unhappy, they can take the contract they don't have to Court.

 

Basically they are trying it on. Send them an invoice for 20k for "administration". When they ask what it's for, tell them it's the fee for dealing with their correspondence. 

Would have to agree

No Contract = No recall (as there are no clauses

You quoted a price & he agreed (a bit like you always hear - How much you think )

You no doubt gave him some sought of time frame so that's fair enough, but if things are out of your control & you notified the customer of it - Then there's no recall

Posted

If I were you, I would offer a discount on a future purchase as a show of good will. 

No way would I reimburse 35%, especially if there's no legal agreement on late delivery.

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