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We organised to purchase IT hardware from a supplier using…

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We organised to purchase IT...
We organised to purchase IT hardware from a supplier using the recommended finance broker listed on the suppliers website.Finance was agreed and finance documents drawn up which we signed and returned to the finance broker.The supplier shipped the goods to us which we started to use.Shortly after the broker emailed to say the finance deal was cancelled (we hadn't received the counter signed agreement back from the finance house)The supplier now demands we pay - which we cant. We offered to return but made point that in order for us to role back our IT systems from new equipment to old would incur thousands in IT technician fees (we paid a specialist to migrate us from old to new). The supplier said not their problem & if we return the goods we will charge 30% price due to the equipment now being 2nd hand.The finance broker argues that because the supplier shipped the goods to a different address (engineers address) and not our company address we forfeited the finance.Who is at fault here?
Submitted: 4 months ago.Category: UK Law
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Answered in 24 minutes by:
12/9/2017
Solicitor: Jamie-Law, Solicitor replied 4 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 6,725
Experience: Solicitor
Verified

Hello my name is ***** ***** I will help you with this.

Did you ask for them to be sent to that address?

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Customer reply replied 4 months ago
We asked the supplier if they could to save time in re-shipping to engineer to configure & install
Solicitor: Jamie-Law, Solicitor replied 4 months ago

Did you sign any terms with the broker? Does it say anything about differing shipping address etc?

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Customer reply replied 4 months ago
After the broker cancelled the deal I referred to the finance docs that state a delivery address. However it was the finance company the sent instructions to the supplier of equipment to be orders, delivery address & the finance companies details to send the invoice to (we didnt place the order - the broker did)
Solicitor: Jamie-Law, Solicitor replied 4 months ago

But is it a term of finance or your contract which says if you change address you forfeit ?

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Customer reply replied 4 months ago
I attached the terms from finance house that we signed and also the instructions from broker to supplier which i insisted they sent me.
Solicitor: Jamie-Law, Solicitor replied 4 months ago

there are lot of terms and the writing is very small. Can you just tell me whether it’s a term about the addrsss etc?

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Customer reply replied 4 months ago
Hi, sorry for the delay, have been looking through docs that i have. The issue appears to of started when the supplier did not adhere to the brokers instructions - i.e delivery to address. Supplier sent invoice with engineers delivery address and they state this is the reason finance was cancelled.
Solicitor: Jamie-Law, Solicitor replied 4 months ago

Ok - but that is not your fault though?

Do you have a contract with the broker?

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Customer reply replied 4 months ago
No contract that was between broker & supplier
Solicitor: Jamie-Law, Solicitor replied 4 months ago

It is the fault of your broker. He has been negligent

I must also say if they have been appointed by or recommended by the supplier, then they are to blame too.

But the broker should have checked.

Therefore liability, in my view, rests with the broker.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

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