North Coast Weekly Letter

"Signed Order Acceptance Wins Case."

If there ever has been any doubt in your minds about the advisability of securing signed order aiceptances from your customers rvith the advice we have given quite liberally on the subject during the past year, this dou6t should be-dispelled after reading the following facts covering a controversy between a Settle member of our Association and a retailer located in Michigan. Following our advice saved this member about $350.00 in this one cise alone.

FACTS: On January 29, 1924, a commission salesman wired Seller for quotation on one car of 1x6'110 to 20' regu- lar pe;centage shorts list differential No. 2 Clear & Betler Slash Grain Hemlock Flooring. Seller wired a price same date. On January 3lst buyer placed formal order with the salesman, but specified 2 M each 8-10 and l2', ZSOO' 14' and 16 M 16', which specification was wired by the salesman to the Seller on Feb. lst.

On Feb. 2nd Seller wired salesman unable to accept spe- cified lengths, but r.vould accept random length tO'to 20' rvith usual percentage of shorts at list differerice. On Feb. 5th salesman wired se.ller that buyer would accept loading per Seller's wire provided mill would load as neir as posl sible to specifications submitted, heavy to 16'. On Feb. Zth seller wired salesman "best can do ihip random and will favor 16' TggF.as possible but cannot guarantee any excess amount of 16'."

On February 8th salesman wired acceptance of this and formally sent buyer an acknowledgment specifying lS% 8 and 10', balance L2, 14, 16', heavy as poisible 16, No. 3 accumulating at list difference. On Fibruary gtfr seller sent buyer formal acknowledgment specifying "usual percentage shorts list difference, No. 3 developing at $3.0O less, load heavy as possible to 16 ft. Carbon copy of this acknowledgment being signed by buyer on February 13th and returned to Seller.

On Feb. 26th seller invoiced GN 10631 with 3514 ft. 9' and under, 3580 ft. lO', 4296 f.t. I2',3668 ft. 14,, 4704 ft. 16' and 3608 ft. No. 3. On March 6th buver advised salesman that lengths were not satisfactory on account of the small amount of 16' and that invoice would be returned. On March 14th buyer wrote seller stating that the car was refused as the salesman promised 60% 16'. After much correspondence it was finally decided that car would be acggptgq and a fixed amonnt of $295.04 plus approxmiately $48.00 demurrage be submitted to arbitarali,on. Buyer contends that several verbal conversations with salesman gave him assurance that 60/o 16' would be shipped.

DECISION: The contract between the buyer and the seller is clearly set forth in seller's acknowledgment which buyer signed and accepted. This written document takes precedent over all and any verbal agreements buyer maf have had with either seller or the commission salelman, in f_act the agreernent is very clear on this point in PP 3-A of "West Coast Terms and Conditions of Sale" which werd printed therein and made a part of the contract. The shipment made by seller is clearly within the conditions of tho co-ntract. -I!i!, therefore, held that the buyer shall pay seller for full invoice value without deductions."

ROY A DAILEY. Manager North Coast District.