QUESTION

A vendor provided our company with a letter on company stationery stating "if after 12 months you are not satisfied you may return the products".

Asked on Sep 04th, 2012 on Business Law - Texas
More details to this question:
The letter is not dated and does not have a specific date or time when the products have to be returned. However, the letter is signed by one of their regional managers. The company that provided the letter claims that since this employee that wrote the letter left the company in 2007 they will not honor the letter and allow us to return these parts. Is there a statue of limitations on this and do we have a case to pursue to force this vendor to return this inventory?
Report Abuse

1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
Reviews not shown
1 Award
There is no "statute of limitations" that affects the letter standing alone, since the letter is not a contract. The legal issue here is that you have, subsequent to the provision of the letter to you, entered into one or more complete contracts with this vendor. Those contracts may or may not incorporate by reference the terms of the 2007 letter, and they may by their terms expressly exclude any terms not incorporated in the subsequent contract. In other words, these post-2007 may provide -- and indeed, customarily would provide -- that all prior bets are off. If you can prove that the post-2007 contracts incorporated by reference the 2007 letter, you win. You may have to sue to prove it. If the vendor can prove that its post-2007 contracts expressly excluded all terms not expressly set forth in those documents, it wins. There may be facts on which you can base your claim which you have not mentioned. Those should be discussed with an attorney.
Answered on Sep 04th, 2012 at 5:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters