Supplier Delivered the Wrong Product? Issue a Notice to Remedy Breach

You ordered Product A. The supplier shipped Product B — wrong SKU, wrong specification, wrong colour, wrong size, or a substitute the contract did not authorise. You flagged it within hours. They told you to “make it work” or offered a discount you cannot use because the goods are not what your customers ordered. Your downstream commitments are now at risk.

Delivery of non-conforming goods is a breach of contract. But before you can lawfully terminate the supply arrangement and source elsewhere without exposing yourself to a counter-claim, you generally need to give the supplier a formal opportunity to fix the breach. That is what a Notice to Remedy Breach does.

The legal context

At common law and under most written supply contracts, a party in breach is entitled to a reasonable opportunity to remedy the breach before the innocent party terminates. If you simply walk away and refuse payment, the supplier can sue you for the contract price and you will be on the back foot. A properly drafted Notice to Remedy Breach starts the clock, defines the breach, demands the cure, and preserves your right to terminate and claim damages if they fail to perform.

Common pushbacks and why they fail

• “It is functionally equivalent.” The contract specified what you ordered. Equivalence is your call to make, not the supplier’s.
• “You accepted delivery.” Acceptance of physical delivery is not acceptance of non-conforming goods. Notify within a reasonable time and you preserve your rights.
• “Force majeure.” Genuine force majeure must be properly invoked under the contract clause; “our other supplier let us down” is not it.
• “Take a discount.” Discounts are an option, not an obligation. You are entitled to performance of the contract as written.

The document and what it does

A Notice to Remedy Breach identifies the contract, the specific breach, the remedy required (replace with conforming product by X date, collect the wrong stock at supplier’s cost), and the consequences of failure — termination, recovery of pre-paid amounts, and damages for additional procurement and lost margin. Done correctly, it converts an informal squabble into a documented contractual position you can rely on later.

What Claim Done delivers

• The contract, purchase order or quote referenced precisely
• The non-conformance documented with specifics
• A reasonable but firm cure period appropriate to the goods
• Express reservation of all rights including termination and damages
• Sent as a PDF, flat $49

What to expect after

A formal notice gives the supplier a clear cure period and puts the breach on record. If they do not, you have a clean record supporting termination, replacement procurement, and a claim for the cost difference and consequential losses.