Legal Question in Business Law in California

remedy when buyer rejects shipment and is uncooperative to help determine the va

We supply plastic laminated films for the packaging industry. One of our clients, who in turn has a client who will be referred here as the end-user, has rejected the shipment we delivered last October due to what he alleges a defect in the film that leads to delamination, that is, the separation of the two plastic layers of the films glued together by special adhesive. We have tested the leftovers of these films in our plant, and found no defects. We have requested detailed written descriptions of how this alleged delamination occurs in their production, to no avail. We have contacted the equipment manufacturer of the end-user and they have agreed to test the films. We have requested a couple of rolls from the shipment so that the test can be conducted, to no avail. We feel that the only option we have is to sue for payment. Are we right?


Asked on 6/11/01, 5:38 pm

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: remedy when buyer rejects shipment and is uncooperative to help determine th

I concur with Mr. Whipple. You may be surprised with the results you would get from correspondence from an attorney to gain cooperation. If counsel does not get any response from his or her demands, then it would be time to initiate litigation. Please contact me directly at (619) 222-3504.

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Answered on 7/05/01, 2:03 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: remedy when buyer rejects shipment and is uncooperative to help determine th

If you have been unable to gain any cooperation from the end user, and you are convinced that there is no defect, then, yes; it sounds like that is the only way you will ever be able to recover for the product.

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Answered on 6/28/01, 3:53 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: remedy when buyer rejects shipment and is uncooperative to help determine th

The Uniform Commecial Code does give a buyer the right to reject goods that do not conform 100% to specification or a sample, but that is not a blank check to reject conforming goods. A suit or the threat of a suit would be appropriate, depending to some extent on your past relationship with this customer and your hopes for the future.

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Answered on 6/28/01, 6:31 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: remedy when buyer rejects shipment and is uncooperative to help determine th

Not to impune my fellow attorneys that have already answered, but this situation is covered by the UCC. If the buyer rejects goods upon shipment or discovering a defect, they need to give you a reasonable opportunity to cure the defect. It seems to me that there holding or using the shipment, coupled with their lack of cooperation would give you every right in the world to sue for breach of contract.

If you are in SoCal you may call me for a free telephone consultation at 818-998-1584

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Answered on 6/28/01, 9:38 pm


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