If we custom made some roof vents for a client but she now says that they are not large enough and our invoice says no returns, do we have any recourse?

Asked on February 4, 2015 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are they large enough and/or within any written specifications? If they are fit for their purpose and comply with any specifications, she has to pay for them--she is contractually (whether it is a written contract or an oral/verbal) obligated to pay if you performed as required, and you could, if necessary sue her for breach of contract to recover the money.

If the vents do not meet any specifications and/or are not fit for their purpose or otherwise defective, then she would not have to pay, because you would be in breach by not providing acceptable merchandise.


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