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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a record label. I have just taken a delivery of 300

Customer Question

Hello. I am a record label. I have just taken a delivery of 300 vinyl LP records from a supplier. 192 of the record sleeves are damaged. These look like a mix of production faults, possibly bends and creases incurred in transit, scratches, bends, dinks. etc. Appalling quality. They are telling me that they are covered due to this statement which was included on an email response upon submission of the print proofs:
Final Delivery info
Please note that every care is taken with shipping items, however due to the nature and size of 12" albums with spines, sometimes some crease markings can appear on the sleeves which is unavoidable.
Do I have a cast to argue as I never signed anything to this effect, and the implication is that damage to spines can happen - but for 2 thirds of the whole shipment?
Any advice most welcome.
Thank you.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Customer: replied 7 months ago.
Hi Ben. Did you see my question above?
Expert:  Ben Jones replied 7 months ago.

Hi there. How did you place the order with the supplier?

Customer: replied 7 months ago.
Via telephone and email. I paid upfront which is normal for vinyl manufacture.
I've requested a call.
Expert:  Ben Jones replied 7 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but I will review the relevant information and laws and get back to you later today. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Ben
You still there?
Customer: replied 7 months ago.
Ideally, I would a view from you and a statement that I can send to the manufacturers setting out what my expectations from them are in respect of the law and what they are committed to.
Expert:  Ben Jones replied 7 months ago.

Hello, first of all you will not be covered by the usual consumer protection laws that private buyers get under the Consumer Rights Act. This requires that goods bought from a business seller are of satisfactory quality, as descried and fit for purpose. However, you may still get the same protection if the contractual agreement between you and the seller did not disapply the sale of Goods Act 1979. If it did not, then as a business buyer you get the same protection as a consumer, in that the items you bought would need to be of satisfactory quality, as descried and fit for purpose. So the first thing is to check your contractual documentation to see if they had disapplied the Sale of Goods Act. If they did not, you can pursue them under the legislation by arguing that the goods are simply not of satisfactory quality. You are correct that the statement is there to cover reasonable issues which may be just occasional, rather than 2/3 of the whole shipment so that may not be a fair excuse.

In the end you really have one option to take this further and that is the small claims court (assuming the value you are after is less than £10k).

Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 7 months ago.
Guys, Thanks you very much. Based upon this information, I told them I would refuse the order and initiate a moneyclaim/count court proceedings. This was enough for them to agree to reprint the damaged sleeves.
Very helpful.
I'll definitely use this service again in the event that I need similar advice.
Regards,
Colin.
Expert:  Ben Jones replied 7 months ago.

Great news and thanks for the update. All the best

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