Legal Question in Civil Litigation in Australia

I ordered some timber in lineal meters. The timber mill accepted the order as it was given. Such lengths have been supplied previously, and are the standard lengths accepted by the industry. Instead of supplying me with say with 15 lengths of 3 meters they supplied me with 10 lengths of 4.5 meters. The problem is 15 lengths of 3 meters will do the job. The 10 lengths of 4.5 meters supplied won�t. The spacing between joists means a lot of the 4.5 meter lengths will become waste and there won�t be enough timber to finish the job.
My question is: After accepting an order can they change it to suit themselves? Or are they legally obliged to supply the timber as per order?
Thank you.

Asked on 3/06/11, 5:00 pm

Steve White White SW Computer Law

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It depends on, amongst other things:

1. The trading terms agreed to in writing;

2. Whether you agreed to accept the delivery, eg a variation;

3. Whether or not it was known that such lengths were not suitable for your known purpose;

4. your dealings and other representations made to you (or by you).

Prima facie, you may be able to return the delivery.

You should get legal advice.

For legal advice contact www.computerlaw.com.au

Answered on 3/07/11, 1:05 am

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