Second letter following up your complaint about goods not being supplied

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What’s a second letter complaining about goods not being delivered and when do you need it?

This is the second letter in our suite of communications covering the situation where you’re the customer and goods that you’ve contracted to receive have not in fact turned up.

In this letter, you’re taking a more assertive tone about your rights to receive these outstanding goods and the impact that their non-delivery is having on your business.

You’ll see that the subject title of this template has added the extension ‘and time is of the essence’. This has an important legal meaning that you can invoke here.

You have to allow a reasonable time for delivery after sending this letter – and don’t worry, just sending it does not automatically cancel the contract if your supplier doesn’t deliver on time – so if your priority is still to get the goods and/or to preserve the relationship, both objectives are still protected, for now.

To take the more aggressive approach of terminating the contract, you’ll need to wait a reasonable length of time and then send another letter – the third one in our template series.

What constitutes ‘a reasonable time’ will be very fact dependent. For example, customised or bespoke-created goods will naturally imply a longer delivery lead time than goods that are mass-manufactured, generally in advance and warehoused somewhere.

Fragile or ‘chemically volatile’ goods might necessitate greater care in delivery and shipment logistics and therefore take longer to reach a customer too. Goods being imported can likewise be expected to take longer to reach their intended destination.

It will also need to take into account any reply that you received from the supplier in response to your first letter and the reasons they offered to explain the delay.

What else might you need?

For a quick and friendly expert view on your position and your prospects of success, as well as how best to draft this letter, simply select our Speak To A Lawyer feature and we’ll rapidly match you with the right expert to get you the help you need.

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