On 23/01/2022 10:12, Rick C wrote:
> On Sunday, January 23, 2022 at 2:32:18 AM UTC-5, Jasen Betts wrote:
>> On 2022-01-23, Rick C <
gnuarm.del...@gmail.com> wrote:
>>> If the signed terms and conditions of sale say an item is
>>> non-cancelable, what circumstances would allow for the sale to be
>>> canceled? There was also no delivery date specified.
>> Ooh, a hypothetical question and you leave us guessing as to which
>> side of the contract you are on.
>>
>> I am not a lawyer.
>>
>> That question may be less clear than you think it is. Is the product
>> promised before or after full payment is made, is there a time-limit
>> between those events?
>>
>> a contract ofering delivery whenever in return for payment now is
>> probably not valid, but one offering product some time in the future
>> at an agreed price may be a different matter.
>>
>> Pretty much only way out is if the contract itself is invalid, or both
>> parties agree to cancel it. In both cases a lawyer may prove useful.
The contract is always cancellable but you might have then to pay the
entire sum owed for the goods not supplied and get nothing in return.
Changing your mind about a fitted kitchen might fall into this trap.
> Ok, maybe I'll keep it unspecified as to which party I am. I don't call the agreement a contract, it is terms and conditions of sale. The PO would be the contract. The product is delivered and payment is made once product is shipped. Standard way of exercising POs.
>
> The PO has language with buyer's standard terms and conditions, but the terms and conditions signed by all parties says it takes precedence over language in a PO or order confirmation. It is the terms and conditions which say the order is non-cancelable.
The only way to find out for sure is ask a lawyer in Florida whether the
specific contract terms are actually enforceable. Even then it might
still be a problem if the other side decide to take their chances in the
courts. Chasing in a debt from someone who can't or won't pay can
consume a lot of time, money and effort.
> The terms and conditions of sale are to be governed by the laws of Florida.
Is it a business to business sale or business to consumer?
In the UK at least that would matter enormously since a consumer would
have their rights protected by the Unfair Contract Terms Act and/or by
paying with their credit card if the supplier is uncooperative.
Such a "no cancel" clause might be considered reasonable for some high
end goods like bespoke made to measure furniture for example, but not
for ordinary run of the mill consumer products like TV's or sofas.
--
Regards,
Martin Brown