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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our company has had an email where by our manufacturer has

Resolved Question:

Our company has had an email where by our manufacturer has now declined to supply products to us and has withdrawn our discount structure. They have said that this is because we have consistently been selling the products below there rrp, I class this as resale price maintenance which I believe is illegal and tantamount to price fixing.
80 % of our business is based around this manufacturers products so this is quite devastating to us.
Would this be a justifiable grievance ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Do you have a contract please?
Customer: replied 1 year ago.
We do not have a contract but have been working with this company for 3 years and have had agreed discounts in place and regular visits from there sales representative. Email received from the company is as followsDear Sally / Mike
We are extremely disappointed to see on your website that you are promoting our new Thermapen 4 thermometer using a copyright image that we have not authorised Thermometer Point to use. In addition to that Thermometer Point are discounting the Thermapen 4 which we find difficult to comprehend as this is such a new product, with such unique selling points.
As the leading UK thermometer manufacturer we are very sensitive to resellers or distributors who deliberately use their discount to devalue our products on the internet, and in particular on their own websites or on sites like Amazon. As I am sure you appreciate this is an extremely difficult and complex area, and in no way are we trying to fix prices, but merely trying to apply some consistency and common sense to our reseller network. I understand from David Bradburn your Area Sales Manager, that the above matter has been discussed in the recent past, and you are fully aware of our concerns about Thermometer Point discounting long-term/open ended ETI instrumentation.
Therefore, it is with regret that I must advise you that with immediate effect, I have taken the decision to withdraw Thermometer Point’s reseller account status, including Thermometers Point reseller discount. This decision is not negotiable.
Peter
Peter Webb
Managing Director
Expert:  Ash replied 1 year ago.
I assume you want to prevent them closing your account?
Customer: replied 1 year ago.
Hi Alex,I would like that although the relationship will be difficult now after there stance on it, we are currently sourcing other providers of similar equipment , but we will suffer a short to medium term financial loss and also we have invested heavily into our web platform and design along with product optimisation which is now to no avail.So I want to know if there is a damages recourse here.ThanksPaul
Expert:  Ash replied 1 year ago.
If you can show that they have breached any contract then yes you can sue for that breach and any loss or damage. The difficulty here is there is no written contract, so they could simply say 'well we haven't breached anything'. You have an argument by saying there is a course of conduct, but that depends on how long it has been and how well received a Judge will consider it.
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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