What can be done if a vendor does not deliver goods in the time stipulated?

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What can be done if a vendor does not deliver goods in the time stipulated?

We are a non profit little league cheerleading program. We ordered uniforms from a company and will not have them delivered until after our season is over. Which will put them way past the 4-6 weeks quoted on my invoice. She will not let us cancel our order and get our $4000 back so we can buy something else for the kids claiming they are custom and therefore they can’t give a refund. We didn’t ask for a refund because we didn’t want them but rather what good are cheer uniforms after a season has ended?

Asked on September 21, 2010 under General Practice, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue the vendor for breach of contract for failure to deliver the uniforms in the time stated in the contract.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price of $4000.  If you find another vendor, who can produce the uniforms, your damages would be the difference in price between the two contracts or any additional costs incurred by having the second vendor produce the uniforms.  In order to mitigate (minimize) damages, you should try to find another vendor to produce the uniforms.  The replacement vendor should be charging an amount comparable to what the first vendor charged; otherwise your damages may be reduced accordingly for failure to mitigate damages.  In the interest of mitigating damages, you would not be able to select the most expensive vendor you can find to produce the uniforms or your damages would be reduced accordingly.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can sue the vendor for breach of contract for failure to deliver the uniforms in the time stated in the contract.  Your damages (the amount of compensation you are seeking in your lawsuit) would be the contract price of $4000.  If you find another vendor, who can produce the uniforms, your damages would be the difference in price between the two contracts or any additional costs incurred by having the second vendor produce the uniforms.  In order to mitigate (minimize) damages, you should try to find another vendor to produce the uniforms.  The replacement vendor should be charging an amount comparable to what the first vendor charged; otherwise your damages may be reduced accordingly for failure to mitigate damages.  In the interest of mitigating damages, you would not be able to select the most expensive vendor you can find to produce the uniforms or your damages would be reduced accordingly.


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