Do They Have To Pay Me?

[ck1]

I work in importing chemicals and recently tried to deliver something to one of my customers who it turns out was under police surveillance. The delivery was intercepted, seized and my customer arrested. Can I still pursue payment even though the material was never actually delivered?

[horseshoes]

Scary!

[dannyk13]

Doubtful.

[boxtops]

Who contracted with you, was it a direct commission from the now-arrested customer, or through an intermediary?

[ck1]

Yes it was a direct contract with the arrested customer

[ck1]

Just to add, it was a business credit arrangement, 30% paid upfront and the remainder paid 30 days after invoicing. Invoice was sent on the day that delivery was supposed to have been made.

[boxtops]

I guess it depends what happens next. The stuff is presumably seized as evidence so could be returned in due course (either to you or to the customer, if he's not in jail). Ask the police, they may give it back to you (perhaps)?

[ck1]

divebuddy - I expect he must have taken some kind of ownership of it for him to be arrested, can you be arrested for just expecting to receive something?

[woofgang]

interesting....he got arrested for taking possession of something that you import?

[Peter Pedant]

Hey it wasnt acetyl chloride or acetoacetic acid ?

no I dont think you have a right to payment as you did not fulfil your part of the contract - you tried to deliver and it was intercepted.

1600-1610 the searchers for Roman Priests ( pernicioius they were ) who were called pursuivants used to charge the house holder for the time they spent searching it. Not really a precedent methinks

[ck1]

woofgang - yes, it's a pharmaceutical material which also has some illegal uses, I guess he was using it for the illegal applications.

Peter, no it wasn't either of those products

[Peter Pedant]

I think divebuddy has a good point - the chemicals are still yours since they arent your customers

so you cold ask for their return.

thing is they could have been seized because they were evidence
rather than contraband.

[Electrochem]

I take it you have all met all the legal requirements for importing, supplying and distributing chemicals and supplied the recipient with an MSDS.

[belrec]

I wouldn't hold your breath for payment.

You best bet would be to contact the police and ask if they are holding the delivery as evidence or whatever. They will be able to tell you if you can claim it back after they have finished with it. Then at least you will have the goods to resell.

But it does depend on the circumstances :-)

[belrec]

crikey sorry didnt read through divebuddy's reply thoroughly did i :-)

Sorry for duplication.