Whether claims of my client are sustainable
Whether claims of my client are sustainable ...if yes kindly provide case laws:
Claims are
1:As our major part of our claim constitute of demurrage/ compensation for warehousing and other charges on storage of excess goods as supplied by your company. So on this issue, I would like to state that as per condition no.1 of Terms and Condition of sale, the order placed by my client will only be treated as offer for purchase and your company, at its discretion, will make supply only against such. So, on legal interpretation of such condition it is clear that any supply made by your company without order of my client will not come under purview of sale transaction and no Terms and Condition of Sale will apply on it.
2:. As per discussion with your legal representative , It came to our knowledge that the demand as alleged by you toward my client includes Interest amounting.
I would like to draw your attention toward “Condition No 5 of your Sales Term and Condition”, subject to issue No 1 of this letter.
As per this condition “Company will charge interest from the due date at the rate communicated to the customer from time to time”.
As , till date neither Company not any of its representative communicated about rate of interest as company keen to charge from my client over the overdue amount . Any such claim of company will be illegal and unethical.
3:. As we had already mentioned before that you had supplied goods much above the ordered quantity, which not only cause huge financial burden over my client in form of Warehousing and other expenses but also give mental tension and agony to my client.
So,we demanded your company to pay compensation /demurrage charges to my client at tune of “Rs 20 per case per day of warehousing”.
Asked 9 years ago in Business Law
Sir
We really appreciate you for such prompt response As you mentioned in point No 2 that"once having accepted the goods purchaser cannot claim warehousing and other expenses "
Sir, in this case my client (purchaser) on receiving the excess quantity made a mail to seller asking them why they are sending goods without our order and what we have to do regarding same .In reply to which we receive a mail from representatives of seller where they accepted that they send excess goods and request my client to get goods unloaded in the warehouse and they also mention that they will try to sell these goods through there channel.Even after that my client is regularly requesting them to get goods returned to company warehouse but we receive no response from other side.Did in such circumstances our claim for compensation sustain
Asked 9 years ago
