A buyer is legally entitled to cancel his order:
(i) at any time before it has been accepted by the seller (see p. 127);
(ii) if the goods delivered are of the wrong type or quality (as where they do not conform to sample);
(iii) if the goods are not delivered by the stated time (or within a reasonable time if no delivery date has been fixed);
(iv) if more, or less, than the quantity ordered is delivered;
(v) if the goods arrive damaged (but only where transportation is the seller’s responsibility).
Unless the contract provides otherwise, it is the buyer’s legal duty to collect and transport the goods from the seller’s premises. This would be so where the goods are sold on loco, ex works or similar terms. The buyer is then liable for any loss or damage occurring during transport. Similarly, under an f.o.b. or a c.if. contract, he is liable from the time the goods are loaded on to the ship.
Sample Buyer seeks to cancel order
2nd May 2010
On 2nd March last I ordered one hundred tennis rackets, to be delivered at the end of this month. Persistent bad weather has seriously affected sales and I now find that my present stock will probably be ample for the current season. 1 am therefore writing to ask you to cancel part of my order and to deliver only fifty of these rackets instead of the one hundred ordered.
I am sorry to make this request so late, but hope that, because of our long—standing business connection, you will see your way to agree. Should sales improve I uld get in touch with you again and take a further delivery.
I look forward to a favorable reply.