What is the name of your state (only U.S. law)? Indiana, New York
We sell wholesale merchandise sourced from major retailers.
A buyer approached us wanting toys. We agree on a truckload price, and forewarned the buyer truckloads tend to come mixed with additional categories.
Buyer was invoiced. They reviewed and signed invoice which clearly states all sales are final.
Buyer receives product. Accepts delivery but claims he cannot see toys on any pallet.
Salesman agrees that, if irrefutable evidence no toys were present was given, he'd send out additional pallets.
Instead of providing evidence, buyer hires attorney and notifies us of their intent to sue under the Uniform Commercial Code (specific section pertaining to nonconforming products).
My question: Would the signed disclosure and lack of evidence fend off this obvious attempt at trying to 'get over on us'?
I do not feel it's out of line to ask for evidence no toys existed - especially since one can simply offload all toys and claim none were received.
Thank you in advance, forum goers.