is Pro-Forma Invoice is enough?

[ammar87]

What is the name of your state (only U.S. law)? Illinois
hi
i am living in USA,IL and am trying to buy a device from company in Canada , it cost $6500 the company sent me Pro-Forma Invoice without any stamp or signature and they ask me to send a certified check by mail.my question is if i send the check is there any chance that they will not supply the device , is the Pro-Forma Invoice is enough legal binding document that i can use it against them if they refuse to ship the device after receiving the check?
please answer me

 

[Zigner]

There is no way that we can judge whether not the other party will fulfill their end of the bargain. You could have 50 pages of a fully binding contract and they could still renege on the deal - then you would have to pursue legal action in Canada.

 

[ammar87]

yes i do understand that there is nothing to make sure that they will fulfill the deal ,but they are a very large company so the 6500 is like selling Hamburger, but i just want to know am doing this deal legally correct .

 

[Zigner]

Whether it's "legally correct" is a very vague question. What concerns do you actually have?

 

[ammar87]

the concerns are:
after receiving the money and deny to supply the device can i sue them using this document
if i receive the device and there are some components different from what stated in the Pro-Forma Invoice, can i sue them if they refuse to replace them.

 

[Zigner]

the concerns are:
after receiving the money and deny to supply the device can i sue them using this document
if i receive the device and there are some components different from what stated in the Pro-Forma Invoice, can i sue them if they refuse to replace them.

If I were answering your question based on US law, I would say that yes, you can sue based on either scenario. However, you would need to sue in Canada based on Canadian law.

 

[ammar87]

God bless USA
thanks for your help i appreciate it

 

[Zigner]

Just so you know - based on US law, you wouldn't even need the document to sue. Sure, it gives you a better case, but there is no requirement for it to be present.