Termination of contract.

[trephilgar]

First post on the forum so excuse the ramble.

We are about to terminate our contract with a canadian supplier who has failed to provide the product we ordered and paid for over a year ago!. Despite continued requests to fulfill our order, and the threat of leal action, the supplier has stated that they will only supply the missing goods with our next order. Some of the product arrived after 6 months but was either incomplete of damaged and un-usable.

We are not prepared to make another order as this wold seem like throwing good money after bad. However we have an agreement in place that prevents us from purchasing the product else ware.

On the basis that the canadian supplier has taken our money and failed to provide the goods we paid for (for over a year) can we simply terminate our contract?

Secondly could we be held to the restrictions placed upon us in the contract?

Hope someone can help.

Many thanks regards

Trephilgar

[trephilgar]

Apologies for the spelling mistakes in our earlier post.

He has breached the contract and you are no longer bound by any of those terms. But you should write him confirming that.

He can be sued in small claims or regular court (depending on size of claims) for the costs and damages you have incurred.

[trephilgar]

Many thanks for your prompt response.

We have taken advice from a firm in the UK who came to the same conclusion but its good to know. There seem to be differences in the way things are sometimes seen in the UK and US/Canada so its good to know we agree.

We had considered pursuing him through the courts in Vancouver however the prospect of finding a firm to represent us when we are in the UK is beset with problems. And the sum involved would pale into insignificance when compared to the legal fees. Unless we found a firm to work on a percentage basis (no win no fee) it seems pointless and in the long run we would rather just move on and have nothing more to do with him.

Thanks again.

Email world law direct on their home page and see if any of their lawyers will do it --and at what cost etc.