California  |  Business Law

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6/11/01, 5:38 pm

Legal Question


remedy when buyer rejects shipment and is uncooperative to help determine the va

We supply plastic laminated films for the packaging industry. One of our clients, who in turn has a client who will be referred here as the end-user, has rejected the shipment we delivered last October due to what he alleges a defect in the film that leads to delamination, that is, the separation of the two plastic layers of the films glued together by special adhesive. We have tested the leftovers of these films in our plant, and found no defects. We have requested detailed written descriptions of how this alleged delamination occurs in their production, to no avail. We have contacted the equipment manufacturer of the end-user and they have agreed to test the films. We have requested a couple of rolls from the shipment so that the test can be conducted, to no avail. We feel that the only option we have is to sue for payment. Are we right?


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