Breach of Contract Involving Failure to Deliver in Pennsylvania
Businesses rely on sellers, distributors, and other entities to meet their obligations when it comes to delivering goods, materials, and services. Failure to deliver goods, materials, or services may constitute a breach of contract, and affected businesses and other parties could have grounds for legal action to seek compensation for resulting financial losses.
At van der Veen, Hartshorn and Levin, we represent both buyers and sellers in various contract disputes, including those involving allegations of failure to deliver goods and/or services. Our experienced attorneys are well-known and highly regarded for their aggressive approach to business litigation, as well as their long history of success in handling complex cases on behalf of business clients throughout Pennsylvania. We are prepared to represent you and your rights.
What Is “Failure to Deliver?”
Failure to deliver goods and services, often referred to simply as “failure to deliver,” refers to a type of breach of contract in which one party fails to prove the other with promised goods or services.
This includes all types of goods and services, including but not limited to:
- Raw materials
- Items for sale
- Items used for business operations
- Construction materials and projects
- Products purchased through online sellers
- Property inspections
- Maintenance services
These types of disputes frequently arise when one party is billed for goods or services that have not been delivered or rendered. It is important to note that a contract does not have to be written to be legally enforceable in Pennsylvania. The law recognizes verbal contracts, including implied contracts between buyers and sellers, as valid. This means you could have grounds for legal action if you failed to receive goods or services that you were entitled to under an implied and/or verbal contract.
Options for Buyers Who Have Not Received Goods or Services
If you have not received goods or services from a vendor, supplier, or seller, the first thing you should do is contact the vendor, supplier, or seller to inform them that the goods or services were not delivered and request that they be redelivered or that the order be refunded or canceled. Often, this is sufficient in resolving consumer and/or business disputes regarding failure to deliver goods and services.
However, you may encounter a vendor, supplier, or seller who disputes your claim. At this point, it is a good idea to consult an experienced attorney who can assist you in bringing legal action against the other party. This is particularly important if you and/or your business has suffered financial losses due to the seller’s failure to deliver goods or services. The purpose of taking legal action is to recoup financial losses affecting your business as a result of the other party’s breach of expressed or implied contract.
At van der Veen, Hartshorn and Levin, we represent buyers in all types of disputes with vendors, suppliers, and sellers. Our Philadelphia failure to deliver goods and services attorneys provide highly personalized legal representation as we aggressively pursue fair compensation on behalf of our clients.
Allegations of Failure to Deliver Goods & Services Against Sellers
If a buyer is alleging that your company failed to deliver goods or services, we recommend that you contact an attorney at our firm right away. Such allegations can not only cause significant disruption to your everyday operations, but they can also result in considerable damage to your reputation within the marketplace and among consumers.
At van der Veen, Hartshorn and Levin, we represent all types of suppliers and vendors in goods- and services-related disputes with consumers, businesses, and other buyers. Our attorneys strive to resolve such disputes as quickly and efficiently as possible, all while protecting our clients’ rights and working to obtain the best possible outcome. Our dynamic, award-winning team understands the complexities of Pennsylvania business law and has successfully helped countless clients throughout the Philadelphia area secure the results they needed to protect their businesses and help them succeed.
What Is the Right to Rescind?
In many instances, Pennsylvania State law allows consumers a “right to rescind,” or “cooling off” period, when it comes to certain contracts involving goods and services. The right to rescind essentially grants consumers the right to cancel contracts for goods and/or services and receive a full refund within a designated amount of time. The exact amount of time a consumer has to do this depends on the type of goods and services that have been purchased.
Additionally, it should be noted that the right to rescind does not apply to all consumer transactions. For example, when a consumer purchases items from a retail store, the consumer’s right to receive a refund typically depends on the store’s refund policy. A particular agreement between a buyer and seller, as in this example, may outweigh the right to rescind under the Pennsylvania Unfair Trade Practices and Consumer Protection Law.
Typically, the right to rescind applies in two specific situations:
- When a seller approaches a consumer at home, either in person or by phone, and the consumer enters a contract for goods or services worth more than $25
- Health club/gym contracts
In both instances, consumers have three business days following the date they entered into the contract to cancel and receive a refund.