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Wholesalers:

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Disputes with wholesalers will generally centre on the terms and conditions of the supply agreement under which the wholesaler provides merchandise and material to a vendor, market or shop. The terms and conditions of the supply agreement will be subject to the standard principles of contract interpretation. Disputes can arise from arguments about the payment of fees and charges, or the quality of the good being supplied. These matters may constitute breaches of contract, or alternatively, also go to allegations of negligence by a party.

However, depending on the industry, the reliance placed on the wholesaler and the individual circumstances of the case, it is quite possible for a wholesaler to be potentially liable for a claim in professional negligence where some loss or damage has been occasioned to the person he contracted with.

Claims in professional negligence are not easy to prove and involve a great deal of investigative and preparatory work. Accusing someone of professional negligence can lead to serious damage to their reputation and business, and this can lead to a defamation suit being filed against the person making the allegations. For this reason, cavalier allegations should not be made against a wholesaler, nor should a wholesaler retaliate in any way without obtaining legal advice from a negligence solicitor first and foremost.

A professional negligence solicitor will be able to provide legal advice to a wholesaler on how to deal with a claim of negligence or breach of contract. Likewise, if a person is thinking of suing a wholesaler for professional negligence, a negligence lawyer will be able to assist in the preparation of the evidentiary brief and the pleadings before the matter can be assessed for the likelihood of its success.

If you require assistance with a wholesale negligence dispute matter, you may wish to contact our firm by telephone on (02) 9233 4048 or email us at info@navado.com.au and make an appointment to see one of our solicitors.

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