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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14899
Experience:  30 years as a practising solicitor.
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I am a retailer based in Scotland. Yesterday i received a

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I am a retailer based in Scotland. Yesterday i received a delivery of stock i had ordered from my wholesaler, my staff have spent the day putting the stock on the shelves. I have now been contacted by the delivery company to say they have delivered it by mistake and they need to collect the stock back for the wholesaler. Where do i stand legally on this
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Scotland
JA: What steps have you taken so far?
Customer: I have spoke to the wholesaler who say they need the stock back as there credit insurance does not cover them if i dont pay
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats is all

Thanks for your question. I am a solicitor in Scotland. If you have a contract for the delivery and the payment terms have been agreed, they can’t then introduce new terms about credit insurance. That is their issue. You don’t have to return the stock although check any written terms and conditions. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 8 months ago.
I have an existing account with the wholesaler that gives me 28 days credit. I placed order 2 on Wednesday last week and it was processed and despatched on Thursday for delivery on Monday. On Friday order 1 became due for payment as I was in hospital I missed this payment so the wholesaler advised the delivery company not to deliver. However they have delivered it, I am trying to sort out a payment plan for the missed payment to get my account upto date. Can i refuse to return the stock?

As I say above, unless there is anything in the terms and conditions to say otherwise, there is nothing which compels you to return the stock.

Customer: replied 8 months ago.
I found this clause in my terms. Can I not just refuse entry to my premises?
7.5 Until such time as the title in the Goods passes to the Customer, the Company shall be entitled at
any time to require the Customer to deliver up the Goods to the Company and if the Customer fails
to do so forthwith, to enter upon any premises of the Customer or said party where the Goods are
stored and marked, identify and repossess the Goods.

That is a retention of title clause. I assume somewhere it also says that you have to pay for the goods before you can get title to them so that causes a problem. Yes, you can deny entry to the premises but on that basis they could get a court order to get the goods. I suggest you immediately pay for delivery 1 and hopefully that will sort the problem.

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