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Law Pro
Law Pro, Attorney
Category: Business Law
Satisfied Customers: 24870
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
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In a business to business wholesale transaction, can a wholesaler

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In a business to business wholesale transaction, can a wholesaler charge a surcharge on credit card payment as part of the business agreement in New York State.

Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Just to make sure of the facts - a wholesaler is charging another wholesale the cost of the product PLUS a surcharge for them paying by credit card - correct?

 

If so, did they notice them of the surcharge BEFORE the transaction?

Customer: replied 3 years ago.


All stipulations are entered into prior to the completion of the sale.

Then, as between to businesses and there being notice of the surcharge before the transaction was consumated or completed and paid for - that would be legal.

There is no law against such as between.

In fact, a US District Court determined last year that merchants are allowed to pass along the cost of those credit-card interchange fees to customers - the court validated the ability of retailers to surcharge 4% to consumers who paid by credit card.

Read more: http://business.time.com/2013/01/25/a-4-surcharge-for-using-a-credit-card-legal-but-not-likely/#ixzz2iYj1qRzO



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