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business to business invoicing retropsectively outside prior agreement

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  • business to business invoicing retropsectively outside prior agreement

    We contacted a weaver firm seeking a type of cotton with a sample of the finished product we wanted to reproduce from 1950's. We explained that we were looking for a large scale supplier of cotton but another firm + potential supplier, 600 quoted to provide a sample, but were doubtful they could produce the weave we needed the new firm said that they understood and that if we could provide the thread materials and deliver them, then they would have a go.

    At no point did they suggest any charges in writing or verbally. My understanding was they would try to win our ongoing custom for large scale supplies. We paid for raw materials threads and also offered to pay any postage costs of the finished sample if they were able to provide a sample ( based on the cotton we had provided).

    We then were sent two samples both are not remotely like our sample along with an invoice for £700 + claiming 20 hours at £29 a hour. We plan to return the samples as it's not fit for purpose. The invoice is outsourced to a small firm. when. It was my clear understanding that no costs were involved it was a punt by the firm to see if they could supply it. I pay for materials and post they take a punt.

    As suppliers, they must know that the samples have failed against the cotton we provided. I don't know how to respond and would be grateful for advice on the matter to stop it spiralling out of control. When I queried why I had been invoiced given that no costs were ever discussed or quotes provided the invoicing firm said quotes were not requested. clearly, I did not request one as I did not enter into this agreement, and did not get fit for purpose goods. I would have considered paying it if it had resulted in a workable sample.

    I know its a small amount but we need to get the product of the ground. Any advice on key steps of how to respond will be gratefully received.
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  • #2
    may have been poor in setting out but had hoped for a more welcoming approach cheers

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    • #3
      Sorry, I'm not sure exactly what the position is. You had asked for samples of a product from a couple of firms with a view to placing an order ( and having an ongoing relationship) should the samples be suitable.

      You agreed in advance to pay for materials and postage.

      The samples they provided did not meet your requirements.

      However they have now invoiced you for costs above those that were agreed ( that of materials and postage ).

      Is that about right?

      Was the agreement to provide samples and for you to pay costs and postage in writing at all? email?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #4
        Thank you yes the weaver agreed to have a try if I ordered the materials. I agreed verbally that if he succeeded then I would pay postage for any samples and of course we would have found a supplier. However on realising he failed he then invoiced me fees never discussed through another outsource company claiming for his time and sending me goods clearly that were not fit for purpose. Instead of sending the invoice for postage as agreed verbally he sends an invoice for 20 hours of factory time that did not result in a match to our sample needs sent. I have returned the sample today by recorded delivery but have no evidence either way in writing of what was agreed. I have however provided a detailed tech report outlining why the samples are not fit for purpose. frankly I have also lost faith as an expert he clearly knew the goods failed and have tried to charge me for his failure. I've paid for materials but no further on while I accept he must have tried he certainly did not discuss or agree that I would pay for his time and sent an invoice knowing this. I don't know my legal position and would greatly appreciate advice on how to handle this and any pursuits of monies thank you.

        Comment


        • #5
          sorry should have added along with the report and samples returned by registered post that I have taken pictures showing that the goods and my brief clearly do not match. thank you

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