Letter to Request Delivery or Refund for Undelivered Goods - Word & PDF Template Form

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TO:
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Attention: ________
ABN: ________

BY: ________

RE: LETTER OF DEMAND – FAILURE TO SUPPLY GOODS – ORDER REFERENCE ________

Purchaser Name: ________

Dear Sir/Madam,

§ 1 — The Contract

1.1 On ________, I entered into a contract with you for the supply of the following goods (the Goods):

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1.2 The total amount payable under the contract was ________, which I paid in full on ________ by way of ________.

1.3 You agreed to deliver or supply the Goods on or by ________.

§ 2 — Failure to Supply

2.1 As at the date of this letter, the Goods have not been received by me, notwithstanding the agreed delivery date having passed.

2.2 By failing to supply the Goods, you are in breach of your contractual obligations to me.

§ 3 — Breach of the Australian Consumer Law

3.1 The transaction is a supply of goods to a consumer within the meaning of the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (the ACL).

3.2 Pursuant to section 51 of the ACL, there is a consumer guarantee that you have a right to dispose of, and that I will have undisturbed possession of, the Goods.

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3.4 Your failure to supply the Goods further constitutes a failure to comply with the consumer guarantees and your contractual obligations, entitling me to a remedy under Part 5-4 of the ACL.

§ 4 — Demand

4.1 I now require you, within seven (7) days of the date of this letter, to do one of the following at my election as set out below:

(a) supply the Goods in full and in accordance with the contract; or

(b) provide a full refund of all monies paid by me, being ________, by way of ________.

4.2 My preferred remedy is ________.

§ 5 — Response

5.1 Please respond using the contact details set out above to confirm that you are complying with the demand made in this letter.

§ 6 — Reservation of Rights

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(a) commencing legal proceedings for recovery of a full refund of monies paid, together with interest and costs;

(b) lodging a complaint with the office of fair trading or consumer affairs regulator in ________;

(c) lodging a complaint with the Australian Competition and Consumer Commission; and/or

(d) making an application to the relevant tribunal or court of competent jurisdiction.

6.2 Nothing in this letter constitutes a waiver of any of my rights, all of which are expressly reserved.

6.3 This letter may be relied upon and tendered to a court or tribunal on the question of costs.

Yours faithfully,

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