B2B Transaction Help Please :)

Gleeful

I have purchased a quantity of items as stock for my business.

The majority of the stock is faulty, but not all. If it makes a difference it's clothes, cut from my own patterns, there are holes, dodgy stitching, pattern not matched up, wrong pattern pieces used.

Do I have to reject all the units? Or can I reject just the ones that are faulty and sell the rest?

Also, what is my next move as the seller is not responsive....LBA and then small claims? Paid by bank transfer.

Never had this before in over 2 years of trading

Thanks in advance

sjbrun

What do the terms of sale say with returns? Have you simply approached them for a solution?

Did you receive a sample? How does the finished products compare to the sample?

Failing coming to some arrangement then it would be small claims court. - Which country are they based in?

Aquamania

Gleeful wrote: »

I have purchased a quantity of items as stock for my business.

The majority of the stock is faulty, but not all. If it makes a difference it's clothes, cut from my own patterns, there are holes, dodgy stitching, pattern not matched up, wrong pattern pieces used.

Do I have to reject all the units? Or can I reject just the ones that are faulty and sell the rest?

Also, what is my next move as the seller is not responsive....LBA and then small claims? Paid by bank transfer.

Never had this before in over 2 years of trading

Thanks in advance

What appears at first a simple issue actually raises so many questions.

However, moving directly to the resolution, best solution is to contact your supplier and agree way forward.

But you say seller is not responsive. Why do you think that is? Where are they? India or somewhere? Or are they UK based and gone out of business?

Usual solution in the rag trade is for the supplier to either re-work (where possible) or re-make any defective items.

But as you say majority of stock is defective, I wouldn't waste my time doing their quality control. I would tell them to take the lot back and re-deliver with 100% QC check in place (and report).

Ultimately, if they don't, it's breach of contract. Goods do not conform to contract. Get the contact out and ensure it was watertight.

Holes/damage to fabric is obviously nok (unless you supplied the fabric or ordered it for the supplier, etc)
When you say cut from your patterns, what sort exactly? Did you produce a cutting file for their machine? Or was it just patterns/templates for them to cut to?
How did you specify how fabric patterns needed to match when sewn?
Normally even such templates will specify fabric direction, etc.
Stitching quality. Hope you had that well specified too. How is it wrong, exactly? e.g. incorrect spi? incorrect stitch type? irregular border? (if so, were sewing machine feet specified and used?)

Why did you pay before goods were delivered (and inspected)???
We've never expected any supplier to pay before we delivered the goods as ordered (although we may have asked for the cost to buy the fabric if it was not supplied where the cost was significant)

Gleeful

Aquamania wrote: »

What appears at first a simple issue actually raises so many questions.

However, moving directly to the resolution, best solution is to contact your supplier and agree way forward.

But you say seller is not responsive. Why do you think that is? Where are they? India or somewhere? Or are they UK based and gone out of business?

Usual solution in the rag trade is for the supplier to either re-work (where possible) or re-make any defective items.

But as you say majority of stock is defective, I wouldn't waste my time doing their quality control. I would tell them to take the lot back and re-deliver with 100% QC check in place (and report).

Ultimately, if they don't, it's breach of contract. Goods do not conform to contract. Get the contact out and ensure it was watertight.

Holes/damage to fabric is obviously nok (unless you supplied the fabric or ordered it for the supplier, etc)
When you say cut from your patterns, what sort exactly? Did you produce a cutting file for their machine? Or was it just patterns/templates for them to cut to?
How did you specify how fabric patterns needed to match when sewn?
Normally even such templates will specify fabric direction, etc.
Stitching quality. Hope you had that well specified too. How is it wrong, exactly? e.g. incorrect spi? incorrect stitch type? irregular border? (if so, were sewing machine feet specified and used?)

I supplied a pattern and a made up sample

I didn't receive a sample from this company. I trusted them based on examples of previous work.

They are UK based. They sourced the fabric. There was no contract issued, only an invoice with the items specified and the price.

Seller is not responsive yet, but it has only been since 9am this morning. I am pre-empting my next move.

The issues with sewing are irregular stitching and missed stitching. I cannot sell these items.

Aquamania

Gleeful wrote: »

I supplied a pattern and a made up sample

I didn't receive a sample from this company. I trusted them based on examples of previous work.

They are UK based. They sourced the fabric. There was no contract issued, only an invoice with the items specified and the price.

Seller is not responsive yet, but it has only been since 9am this morning. I am pre-empting my next move.

The issues with sewing are irregular stitching and missed stitching. I cannot sell these items.

Oh dear. That doesn't sound good.

If it were me in that situation, I would have been in the car by 10am and hopefully banging on their door by lunchtime if not earlier.

No contract = no chance of suing them for breach of contract.
Set off early, and be on their doorstep for 8:00am in the morning and see what you can agree between yous is your best bet

Gleeful

Aquamania wrote: »

Oh dear. That doesn't sound good.

If it were me in that situation, I would have been in the car by 10am and hopefully banging on their door by lunchtime if not earlier.

No contract = no chance of suing them for breach of contract.
Set off early, and be on their doorstep for 8:00am in the morning and see what you can agree between yous is your best bet

Is there not an implied contract? The invoice specifies they will be manufacturing a quantity of dresses.

http://www.mylawyer.co.uk/buyers-rights-business-to-business-sales-a-A76062D77560/