Goods Delivered Late

Comprehensive advisory services for businesses, public bodies and private individuals in Ibiza since 1973.

In business-to-business sales, the delivery date is essential.

In business-to-business sales, if the seller does not deliver the goods within the agreed timeframe, the purchaser may choose between two options:

  • On the one hand, they may demand fulfillment of the contract and require delivery of the goods (even if late).
  • On the other hand, they may also choose to terminate the contract and cancel the order.

Whether the purchaser chooses to demand delivery or cancel the order, they may also claim compensation for damages suffered. However, they must be able to prove such damages.

  • For example, if, as a result of the delay, the purchaser has to pay a premium to another supplier, they may request that premium paid as compensation.
  • In other cases, however, it will be more difficult to prove the damages suffered; for example, if the seller acts in good faith and was not warned of the consequences of the delay.

If you agreed to the delivery of a specific quantity of goods within a specific timeframe and the supplier can only deliver part of it, you may refuse. However, you may also receive that part (which you must pay for) and, regarding the remainder, choose between the two options indicated: demand delivery or cancel the order, with compensation in both cases.

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