Legal Question in Business Law in Arizona

I sold merchandise to a client. This client used a leasing company who in turn paid me. My terms are delivery is 60 - 120 days. Now the leasing company says I agreed to their terms, which by the way says nothing about any sort of delivery time frame or delivery stipulations. Do my terms govern this sale, or the leasing companies terms?


Asked on 9/27/10, 1:14 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The answer would depend upon who signed the purchase agreement. Did you ever have a written agreement with the leasing company? It would appear from the facts as you state them, and if that is a correct statement of the facts, that the leasing company did not have an agreement with you, they only paid for the merchandise, and your agreement was with your customer alone. The leasing company cannot impose terms and conditions on you, without your written agreement to modify your purchase agreement with your customer.

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Answered on 10/03/10, 2:01 pm


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