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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 14008
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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If a B2B customer has signed a delivery note, without any

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If a B2B customer has signed a delivery note, without any amends, and later claim that there was a shortage on the delivery, who is legally liable for the cost of the supposedly missing goods?
JA: Where is this? It matters because laws vary by location.
Customer: In England
JA: What steps have been taken so far?
Customer: The customer has disputed receipt (weeks after the delivery was made) claiming to have not received all the goods. They state that a signed delivery note only proves that a delivery was made, not that all the goods arrived, or the condition of the goods. We have gone through their dispute process, they have done an internal audit and are still claiming that the goods did not all arrive and are refusing to pay us for the allegedly missing goods.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Don't think so thanks.

Hi,

Thank you for your query. It is a correct that a delivery note does not constitute that all of the goods have been checked to be satisfactory unless the delivery note stipulates this.

Most retailers would require that the goods are checked against a delivery note and number of items etc. and at least confirm the number of boxes delivered matches the number send, or something of this nature.

Therefore, if the goods have not been delivered, the purchaser would be entitled to refuse to pay.

I am sorry if this was not the answer you were expecting.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks

 

 

Customer: replied 12 days ago.
Thanks very much. Ben

It's a pleasure.

Kindly rate the answer and provide feedback.

Many thanks

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