Legal Question in Consumer Law in Texas

product delivery

I accepted an order from a customer. The customer paid a deposit with the understanding that the order would be delivered in 4 weeks. During the third week, the customer called my supplier and attempted to purchase the product at a lower rate, then called and cancelled his order with my company. I told him that I intended to deliver the product as agreed and to be paid the final amount due. He said he would refuse the product and wants a full refund. What are my legal rights as a supplier?


Asked on 4/28/04, 10:41 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: product delivery

Since the buyer has breached the contract, you are entitled to the profit you would have made on the sale plus any incidental damages caused by the breach; assuming that you aren't committed to the purchase from your supplier.

The issue is covered under the Texas Business & Commercial Code Section 2.703 which covers the seller's remedies when the buyer breaches the contract.

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Answered on 4/29/04, 10:45 am


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