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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have an agency agreement with a swiss supplier it states

Customer Question

We have an agency agreement with a swiss supplier it states that all stock which we held on their behalf and has been paid for by us can be returned if the agreement is cancelled by them which they have done against a credit note which can be used against outstanding invoices from them. They are accepting the stock with the exception of approx 50per cent because they do not manufacture these items any longer. Can they do this as the agreement states clearly that all stock can be returned?
Regards ***** *****agarth
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this
Alex Watts : For now please let me know which country the agreement is governed by?
JACUSTOMER-em99uflr- :

Hello,

JACUSTOMER-em99uflr- :

The agreement was signed in Switzerland.

JACUSTOMER-em99uflr- :

(French Swiss)

Alex Watts :

Does the agreement say that they will not accept returned stock, if its not manufactured by them any more?

JACUSTOMER-em99uflr- :

no, it does not. It just says that upon cancellation of the agency agreement stock held can be returned.

Alex Watts :

Ok. In short they can not do anything.

Alex Watts :

In reality it is down to sloppy drafting.

Alex Watts :

If they have wanted it to say except for products which have been discontinued then they should have said that.

Alex Watts :

They have not.

Alex Watts :

Therefore they can not refuse.

Alex Watts :

This is because the terms of the contract have been agreed. They can not now incorporate new terms

Alex Watts :

So in short if that is what they wanted to do, it should have been a term

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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Alex Watts :

Do you need further help?