Hello, my name is Ben and it is my pleasure to assist you with your question today.
So just to clarify, he has an account with you and you currently supply him with products?
Yes he has an account through his partners salon business as purchased our skincare system about 10 years ago.
What are the termination clauses in that contract?
we do not have a contract with him
ok what has been the nature of the relationship so far, how does it work?
He is buying used Crystal Clear machines from other sources, however, he purchased his Crystal Clear skin care items direct from us.
And he still continue to purchase these from you?
yes but he is causing to many issues with discounting them through ebay and Amazon. I would like to stop supplying him.
do you supply him on an ad-hoc basis, as and when needed, or is there a regular supply?
as and when it is needed
I have to go into a meeting for a couple of hours . Will we be able to continue later ?
yes of course, I will actually get my response out to you shortly then you can get back to me whenever you want with any further questions
Generally, you are free to decide who to sell to and whether you do any business with a particular person/company. There is no right to expect business from someone and no obligation to offer it either. If you are of the opinion that you no longer wish to do business with this person then you are legally entitled to stop trading with him, no questions asked.
The issue is if he can show that there was a contract in place. However, I doubt he can show that a contract for ongoing supply actually existed as he only purchased from you as and when needed and there was never a consistent supply or indication that this was to be treated as an ongoing and formal contractual relationship. This would be the same as someone going into a shop every week and making a purchase – legally the shop can ask them not to enter their premises and refuse to serve them.
So as long as all outstanding orders are complete and there are no outstanding supplies or payments pending, you may refuse to do business with this person in the future. Whether you tell them why that is would be up to you, but it may help clarify the situation rather than leave the wondering what the actual reasons were.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?