VIC Commercial Law - Dispute with Retail Supplier?

[meleea]

Hi,

Just thought I'd see if someone can give me some help on something.

i work at a store. We buy goods off an importer and the usual practice is that they will show us stock and then we will say if we want it and how much (in accordance with their minimum order quantities).

A particular supplier has been rather difficult. Firstly, an order that was was meant to come in Dec. came in Feb. instead. Apparently, an email was sent saying it would be delayed but we never received it. We tried to tell them that we couldn't sell it at full RRP as the summer was almost past, tried to get them to reduce the price but they refused. We also saw the same brand shoes in a colour variation being sold for less than wholesale price on ozsale.

The more pressing issue is that they sent us a proposed order for clothing coming in Oct., however, we never agreed to the order. We actually didn't even reply. They are now saying that we have to take the order (which is substantial) and we have told them that silence is not acceptance but now they're saying they will take us to court.

Any clarification on the standing they have and we have under Commercial Law would be great. Also, what court normally handles this? Is it VCAT and is it just the usual 175 fee?

Many thanks!

 

[Sophea]

Hi meleea,

You are correct in saying that silence is not acceptance, unless there is something in your agreement with them or it is the normal course of dealing between you that no refusal after a certain date does constitute acceptance.

Based on the bare facts you have stated above it would appear that they would not be able to enforce the order against you if you did not consent to it, subject to the terms of your agreement with them of course. Which court or tribunal the matter would most appropriately be handled by would depend on the amount of the debt that they are alleging. VCAT is usually < $10,000