Legal Definitions - failure to make delivery

Failure to make delivery occurs when one party, typically a seller or service provider, does not provide the goods or services promised to another party, the buyer or client, in accordance with the terms of their contract or agreement. This constitutes a breach of contract, which may entitle the aggrieved party to seek legal remedies.

Here are some examples illustrating this concept:

• Example 1: Physical Goods Not Provided

  A homeowner orders a new refrigerator from an appliance store, with a signed contract specifying delivery and installation on a particular Saturday. The homeowner takes the day off work to be present, but the refrigerator never arrives, and the store provides no explanation or alternative delivery date. The homeowner's calls to the store go unanswered.

  This illustrates a failure to make delivery because the appliance store did not provide the agreed-upon goods (the refrigerator) by the specified date and time, despite their contractual obligation.

• Example 2: Digital Content or Services Withheld

  A small business contracts with a web design agency to create and launch a new e-commerce website by a specific date, including providing all final website files and administrative access credentials. The launch date passes, but the agency has not provided the final files or access, effectively preventing the business from operating its new online store.

  In this scenario, the web design agency failed to "deliver" the completed website files and access credentials as promised in the contract. Even though it's digital, the non-provision of these essential items constitutes a failure to make delivery.

• Example 3: Incomplete or Incorrect Delivery

  A construction company orders 50 tons of specific grade gravel to be delivered to a job site by 8:00 AM on Monday. The supplier arrives at the correct time but only delivers 20 tons, and a significant portion of that is the wrong grade of gravel, making it unusable for the project. The remaining 30 tons of correct gravel are never delivered.

  Here, the supplier failed to make a complete and correct delivery. While some material arrived, the quantity and quality did not match the contractual agreement, which is legally considered a failure to make the promised delivery.