Legal Question in Business Law in India
not honouring purchase order
1a ltd company has placed purchase order for goods.Paid advance 40%
2After goods are ready & inspected they are not paying balance amount nor stating any reasons
3 nearly 2 months are over
3can advance paid be forfeited
4 can goods be sold by distress sale & recover loss by issuing debit note
5can invading company sued for not honouring its own purchase order. under what law.
3 Answers from Attorneys
Re: not honouring purchase order
It will all depend upon the terms of the contract. If it provides, you can forefeit the advance, sell the goods and appropriate the proceeds under teh sale of goods act.
Re: not honouring purchase order
It is required to be know as to what were the terms and conditions of purcahse order.
Normally a seller has right of lien over the goods to be supplied to purcahser. If the contract terms provide then the advance money can also be forfeited.
The first thing you can do is to issue notice to the other party that the goods are ready for delivery and ask them to take delivery of goods and make payment of remaining amount. And if they fail to do so, then u can proceed legally for specific performane of contract, or suit for damages.
Re: not honouring purchase order
needed papers to advice properly
however as per the details given
you can forfeit the advance
you can sell the goods and retain payment
you can move to courts for specific performance of contract
you can move to courts for damages
lot of remedies available to you.
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