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| Ian.M:
OTOH: your 'top legal advice' will be quite upset with you if you disclose the offending distributor before they've had a chance to negotiate an out of court settlement in your favour. @Peter: Would you care to give us a list of your preferred distributors for 2023? ;) >:D |
| peter-h:
Yeah; not going to name them, but it is one of the top 2 or 3 active in the UK. The small print in their Ts & Cs enables them to increase the price at any time, for any reason, by any amount. Obviously such a contract would never stand up but they are operating it. The part is a Microchip 28C256 and they claim that MC just put prices up anytime after an order was placed with them. Normally I would not bother about pennies but in this case the increase was a lot of money. This policy makes parts ordering meaningless because you can order 1000 at £1 and they can increase it to £5 and deliver them. Your option, according to advice I got, is to return the goods. You cannot make the disti revert to the contracted price. Well, if your business suffers as a result of not having the parts, you can sue them for your economic loss, because they have breached the original contract, but who will sue a 100M$/€ company? Seeing these firms go (nearly) bust when this bubble explodes in the next few months will be most satisfying. |
| Karel:
--- Quote from: peter-h on January 12, 2023, 01:36:08 pm ---Yeah; not going to name them, but it is one of the top 2 or 3 active in the UK. --- End quote --- Must be Mouser, Farnell or Digikey... |
| tom66:
--- Quote from: peter-h on January 12, 2023, 01:36:08 pm ---This policy makes parts ordering meaningless because you can order 1000 at £1 and they can increase it to £5 and deliver them. Your option, according to advice I got, is to return the goods. You cannot make the disti revert to the contracted price. Well, if your business suffers as a result of not having the parts, you can sue them for your economic loss, because they have breached the original contract, but who will sue a 100M$/€ company? --- End quote --- No, you can't sue them. (Well, you can, but you'd lose.) No contract for goods is formed until delivery unless explicitly detailed. That is what the T&C's are making clear. This is fairly basic consumer law and it applies to business to business transactions too. If they deliver at the wrong price, you can keep the product, and they can do f-all about it because the contract is "satisfied". However, they can increase the price prior to delivery. They will need to provide a remedy in the case that you haven't agreed to do this, which probably entails an email prior to despatch to allow you to cancel the order. Just debiting the funds and shipping the item seems wrong to me but the resolution in that case is to offer a refund and free returns processing. Also, the likes of Farnell, Digi-Key, Mouser etc going bust any time is close to nil, even if order volume drops. And the evidence is that it is falling back a little, but certainly not disappearing. |
| peter-h:
--- Quote ---Must be Mouser, Farnell or Digikey... --- End quote --- Those are not distis. Those are firms serving hobbyists and prototype builders :) :) And at huge markups (often 2x to 3x) over disti pricing. --- Quote ---No, you can't sue them. (Well, you can, but you'd lose.) No contract for goods is formed until delivery unless explicitly detailed --- End quote --- Not the case in the UK. If you quote me a price, I place an order, a contract is formed. Even more so if you ack the order... If it were as you state, all quotes and all purchase orders would have no commercial value. |
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