QUESTION
Can our supplier back out because the product they want to supply does not meet specs?
Asked on Dec 15th, 2014 on Bankruptcy - Illinois
More details to this question:
My company has a supplier that has issued a quote in writing. We in turn issued a purchase order just a few days later in writing. They have agreed to all terms in writing. They are now backing out of the contract because the product that they want to supply does not meet specs. Even though we have it in writing from them on multiple occasions that it meets the specifications requested. They can obtain correct material, however, it will cost them more money than they have in it to complete the contract. Are they legally obligated to provide us with material?
1 ANSWER
Debt Collection Attorney serving Chicago, IL
Partner at
Edelman, Combs, Latturner & Goodwin, LLC
2 Awards
This is not a question that can be answered in the abstract. It is affected by such facts as whether you saw a sample of the product they intend to supply and agreed that it met specifications, whether the production item is identical to the sample, exactly where the specifications were, whether there is any conflict between the forms, etc. It is also affected by where the supplier is and what law applies. You need to consult an attorney familiar with this area and provide all the facts. I would not suggest that you provide further details except in a privileged communication, which this is not.
Answered on Dec 16th, 2014 at 10:06 AM