The company/supplier are Forever Yours. They have a UK office in Leeds. They are based in America and they have goods manufactured in China.
With regard to our relationship: we are a stockist. We stock around 40 of their dresses. If a bride decides she wants to order one of their gowns we take a 50% deposit, and quote around 5 months delivery. The balance being paid on arrival. We then place the order with the Leeds office and from their presumably they order with the factory in China.
I withheld payment of four invoices when I saw that things were going wrong. I am not an unreasonable person. Despite being let down by them 4 days prior to my customer's wedding, and having lost £440 and a considerable amount of time, I paid two invoices today in view of the fact that 6 dresses are now ready for despatch.
They will not release the goods ready for despatch until the remaining two invoices are paid. They have stopped all of their customers having 30 days credit and all goods must be paid in full before they will ship.
Since emailing you originally they have offered me 20% off the goods which are ready to be shipped. This totals £124.38. But I have told them I will not be held to ransom by being expected to pay these other invoices particularly when I'm paying up front for the shipment to be released.
I have told them I'll pay one invoice when a further 5 dresses are ready to be shipped to me and the final invoice when the last 6 dresses are ready for shipment. I'm not even confident that we will receive all our outstanding orders and I think we may have to let more people down and that is why I want to hold the payment of the last two invoices.
Yes I do believe they are in breach of contract. I placed an order for 2 bridesmaid dresses on behalf of a customer back in February. They advised that the ship date would be 9th May, that ship date would be arriving in Leeds from the Far East. I would therefore expect to receive the goods perhaps around 2 to 4 days later than that. On the 20th of May I was advised that the goods had still not arrived in the country. The goods had to be fitted and ready for the customer to uplift on Thursday 23rd May. We then had to advise the customer accordingly and put a Plan B in place which obviously the customer was not happy about.
I'm not sure. I'm obviously at home at the moment but I think I may have terms and conditions in the filing cabinet at the shop which I'll check out tomorrow. But I'm sure I have a confirmation order from them with the ship date of the 9th of May. That refers to the order they did not supply.
I will have to check further with regard to ship dates for all the outstanding orders I await.
What about the point they will not release any further paid for goods till outstanding invoices are paid. Can they legally do that?