Legal Question in Business Law in New York
Company Pricing
Recently I had a customer that was very upset to learn that as they were placing an order, the price had increased over 5% without any prior notice. Are there any laws that prohibit/restrict a company from doing this? I would like to tell my company that there are and we should be careful....Thanks and please advise.
2 Answers from Attorneys
Re: Company Pricing
It depends. Potentially, depending on the industry, there may be some federal and/or state regs. Also, there are contractual issues that might be controlling here. Finally, advertising and marketing materials might be at issue here.
Re: Company Pricing
Probably no controlling law except for some codes which may apply. Generally speaking if there was a contract, the price of the contract would control for the term of the contract. If no term listed, each sale is considered a separate contract. If item was a sale of goods from an advertised offer the uniform commercial code requires the price to remain the same for 4 months from the date of the offer. Other than that prices are open to negotiation, the remedy should the new price not be acceptable is to reject the goods, if they are accepted it is deemed a new contract with the new price being the conforming rate.
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