Legal issue

[Chrispie]

heard from a lawyer that sms, emails and even verbal agreement (with witness of course) can be used as proof for lawsuits.

 

but.. didnt he send you a PO? I tot that would had sealed the deal?

Edited August 20, 2013 by Chrispie

[Vid]

  On 8/20/2013 at 12:57 PM, Fongmy said:

Yes, Casket issues can be answer in seconds from our resident mod. so everybody can die happily and peacefully

 

That's why I know I'm covered.

[Deckbuild]

  On 8/20/2013 at 10:29 AM, Transpasser162 said:

I'm facing one problem right now, i have this customer who liaise with me in purchasing some products and we only communicate through sms and pricing & spec was also quoted through sms. So after my customer confirm the order, he send me an Purchase order for processing. I had also send an Purchase order to my supplier to order the products, but suddenly my client wanted to cancel the order the next day. But the issue is my supplier doesn't allow me to cancel the order and now my client said he's not taking any responsibility as he has already email me to cancel the order even though Purchase order had been emailed & products had been ordered. So right now this is my question

 

- Is SMS consider legal in business dealing?

- Can i sue them if they don't want to take responsible?

 

To form a contract there should be 5 main elements: Intention, Parties, Offer, Acceptance, Consideration. If you think you have all the elements, you can try to engage a lawyer.

[Porker]

Purchase order means nothing if there is no signed sales contract between your company and your client.

[Deckbuild]

  On 8/20/2013 at 1:27 PM, Porker said:

Purchase order means nothing if there is no signed sales contract between your company and your client.

 

Depends on situation

[Donut]

courts have recognized sms and emails and other electronic communication as valid, as proven in previous lawsuits. even divorces are considered valid by sms.

 

the thing is what are written in the smses between two parties? did your client explicitly say he confirm the order or just an enquiry?

 

if you already signed on the PO issued to your supplier, then its tricky. read the terms stated in the PO and sales contract

[D3badge]

  On 8/20/2013 at 10:29 AM, Transpasser162 said:

I'm facing one problem right now, i have this customer who liaise with me in purchasing some products and we only communicate through sms and pricing & spec was also quoted through sms. So after my customer confirm the order, he send me an Purchase order for processing. I had also send an Purchase order to my supplier to order the products, but suddenly my client wanted to cancel the order the next day. But the issue is my supplier doesn't allow me to cancel the order and now my client said he's not taking any responsibility as he has already email me to cancel the order even though Purchase order had been emailed & products had been ordered. So right now this is my question

 

- Is SMS consider legal in business dealing?

- Can i sue them if they don't want to take responsible?

 

YES! under contract law a verbal, written and action with intend can proof will be valid as a contract.

 

can consult legal for your case, normally 1st hour free consultation

Edited August 20, 2013 by D3badge

[Darkscale]

It really depend how much the order worth.

 

I remember small claim is $100 mediation fee. Up to $20k?

 

Lawyer letter cost a few hundreds to draft a demand letter or threatening before bring case to court.

 

I doubt that the sum is big as TS never collect a deposit or whatever form of security.. just a P.O.

 

Laws are more and more complicated. Heard that there are so call cooling period for certain product.. And how come the main distributor or manufacturer never allow TS to cancel order within a short notice.?

 

Worth of no worth to take legal action. TS has to weight or suck thumb... I just feel TS may get some compensation but not in full amount.

 

 

[Sp4wn]

you offer him to pay 20% penalty or proceed with legal advice if amount is big. less than 10k, dont waste your time. i have pursued 1 tenant who agree by sms before. can be done as long as the messages are clear and to the point. (i knew this guy was trouble hence why i did everything by writing ... he later forfeited his deposit without argument since he knows he already agreed to it)

[Atonchia]

From a simplified view point.

 

There is an offer from you, consideration with the discussion of the details and specs and acceptance with the PO.

 

Then send an email to cancel order is a breach of contract.

 

Even if it is a verbal contract, a handshake can be deemed as acceptance....the difficult part is proving it.

With email, sms on the exchanges of information pertaining to the contract should be good enough, if you hp is claimed or reimbursed by company, is considered for business use.

 

Seek you company legal department for further actions.

 

[Triceratops]

  On 8/20/2013 at 10:29 AM, Transpasser162 said:

I'm facing one problem right now, i have this customer who liaise with me in purchasing some products and we only communicate through sms and pricing & spec was also quoted through sms. So after my customer confirm the order, he send me an Purchase order for processing. I had also send an Purchase order to my supplier to order the products, but suddenly my client wanted to cancel the order the next day. But the issue is my supplier doesn't allow me to cancel the order and now my client said he's not taking any responsibility as he has already email me to cancel the order even though Purchase order had been emailed & products had been ordered. So right now this is my question

 

- Is SMS consider legal in business dealing?

- Can i sue them if they don't want to take responsible?

 

 

- Did you sign and return the PO acknowledgement (some PO has provision for Order Acknowledgement), or email acknowledgement on receipt of PO

- Check the fine prints ie Terms and Conditions of Purchase (attached with PO, or back of PO Hardcopy)

- Your supplier cannot refuse your cancellation of order, he has to acknowledge and advise you the applicable cancellation charges

- Likewise you should inform your customer that you've received his order cancellation instruction, and there is a cancellation charges of xx incurred, and seek his acknowledgement and acceptance

- Talk to contracts/legal

[Rustyz]

  On 8/20/2013 at 12:42 PM, RadX said:

aldy tel u here we hv all

 

fr womb to tomb......:-)

 

U missed out a point

The forum focus mainly on the procedure before a womb can be formed. Intense research and exchange.

[Rustyz]

  On 8/20/2013 at 12:42 PM, RadX said:

aldy tel u here we hv all

 

fr womb to tomb......:-)

 

Too sexcited already. press too fast

Edited August 20, 2013 by Rustyz

[Rustyz]

  On 8/20/2013 at 12:10 PM, Red_bean_bun said:

If small amount just goto small claims. If he does not appear then get a judgement and get it enforced.

 

 

Not sure if it is a local transaction? TS no update leh

[Rustyz]

  On 8/20/2013 at 2:23 PM, D3badge said:

YES! under contract law a verbal, written and action with intend can proof will be valid as a contract.

 

can consult legal for your case, normally 1st hour free consultation

 

I think SG have free lawyer service right? remember this year more lawyer pledge to give more back to the society

[Maxus-MIFA9]

  On 8/20/2013 at 12:42 PM, RadX said:

aldy tel u here we hv all

 

fr womb to tomb......:-)

 

hur...

 

Who's dealing in womb ...

 

I know one on tomb but womb ....

[Soya]

  On 8/20/2013 at 10:49 PM, Rustyz said:

I think SG have free lawyer service right? remember this year more lawyer pledge to give more back to the society

 

 

Yes. It's called MCF.........

 

[Maxus-MIFA9]

  On 8/21/2013 at 1:41 AM, Soya said:

Yes. It's called MCF.........

 

You trust their advised ....

 

50% advise and the other 50% deviated ...

Edited August 21, 2013 by Picnic06