Cancellation of Order - Goods Not Received


Overview
- The Cancellation of Order - Goods Not Received is a form letter used when a seller has failed to deliver goods on a timely basis.
- If a seller fails to make timely delivery of the goods, or refuses to live up to its obligations under the contract, the buyer may recover damages for breach of contract.  
- Among other remedies, the buyer may be entitled to damages for "cover" goods ( the additional expense incurred by the buyer to obtain the same or similar goods elsewhere).  To help ensure the buyer's rights, the buyer should promptly send a notice of cancellation to the Seller.  
- If the written sales contract or purchase order states that the delivery must be made by a certain date, failure to deliver by that date constitutes breach by the seller and permits the buyer to cancel.  
- If no date for delivery is specified, then the appropriate delivery date will depend upon what would be reasonable under the circumstances.  Buyers are always advised to specify a delivery date in the sales agreement or purchase order to prevent disagreements as to whether delivery was timely.

When You Need It
- To be sent notice of the cancellation of an order to a Seller who has not delivered goods in a timely manner.
- This notice is appropriate if the goods were never received.  If the goods were received, but did not conform to the order, use the Business Attorney Notice of Rejection of Non-Conforming Goods instead.


Getting Started

You will need:
- Name and address of the seller.
- Details of the contract which has not been fulfilled, including a description of the products purchased. 
- To decide what remedy you want (return of money paid, or recovery of money paid to cover the goods purchased elsewhere).

When to Review and Revise 
- To correct the information contained in the notice.
- To draft another cancellation notice.  


Comments