QUESTION
After aggring on price & on receipt of of funds, supplier ammend the price, can we challange them in U.S. Cort
Asked on Mar 14th, 2012 on Business Law - New York
More details to this question:
We have been in continous communication with one of NY base Supplier since 15 days for our product requirement. They have sent us Proforma Invoice twice, with necessary changes require by us for freight charges. After we make Advance payment (In full), supplier is saying that , there is mistake in there system & cannot supply us material. They only accept order if we aggree to there new price & remit the balance of amount.
Before proforma Invoice thay have submitted there price on E-mail (Which is as per there proforma Invoice)
Can we raise our voice in U.S. cort for these breach of contract & ask for justice.
Our company is establish in Mumbai (Bombay) INDIA
1 ANSWER
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The answer is "it depends." Assuming that the transmission to you of a pro forma invoice was an offer to sell goods on the terms contained in the invoice, you accepted the invoice by, among other things, making the payment called for. Unless the terms of the invoice itself or the customs of the industry or some other implied term of the deal permits the seller to avoid the transaction, there is a binding contract. As a general matter, a unilateral mistake by one party is not an excuse.
You will require the services of an attorney to sue in a U.S. court. You should not expect to obtain relief quickly or cheaply. Perhaps you will consider simply canceling the sale, getting your money back, and taking your business to another -- more honorable -- seller.
If we can help you with this matter, please contact our office in response to this posting.
Answered on Mar 14th, 2012 at 8:43 AM