July 10, 2020

Clarification on 3M Respirator and 3M Brand PPE Cancellation policy: Impact on SPA Default (Distributor-Buyer)

*We respect the 3M trademark and have no intention of using the 3M Mark on our website to show a contractual link or business affiliation wth the 3M Company itself.We are however a part of many ongoing 3M procurement transactions for the COVID19 pandemic as a legal team hence these updates are of great interest to our current and prospective client-base.”

 

For Clients (current and prospective) asking for legal clarification on the cancellation of 3M Respirators when bought via authorised distributors

Memorandum issued jointly by

Barrister Aemen Zulfikar Maluka

Tinus van der Berg (B.Proc, PFM, MBA)

 

Please note the following clarification with regards to 3M’s cancellation policy as far as buying directly from 3M Authorised distributors is concerned. 

Previously between February 7, 2020 till May 15 2020,  all orders for products affected by x-factor events such as the 2019 Novel Coronavirus (examples would be 3M 1860, 3M 1860S) could not be cancelled/returned once shipped and billed. As of May 15 2020, 3M Authorized Distributors are allowed to cancel any current or future orders (in accordance with standard 3M Terms & Conditions) of 3M Filtering Facepiece Respirators, Reusable Respirators, and Powered & Supplied Air Respirators. This change will be effective until further notice.

The cancellation policy will affect how a distributor chooses to take legal action against buyers, in the event of a default.

 

3M terms and conditions  pertaining to cancellation by either 3M or the buyer read as follows:

“Customer may cancel an Order only with 3M’s written consent. In the event of an approved cancellation, and where 3M has incurred costs and expenses that cannot reasonably be recovered through sale of the Products to another person or entity, Customer will pay 3M for all such costs and expenses, which may include costs of related raw materials, packaging, and other items dedicated to Products. 3M may cancel a Customer Order without obligation or liability upon notice to Customer.”

After the 26th of May 2020 memorandum, 3M above would mean the 3M distributor.

Please remember that if you are not buying from a 3M Authorised distributor, you are not a 3M customer, which may mean your legal rights and remedies in case of default may be significantly compromised and at risk.

Our legal team can, upon request guide you through and connect you to some of the most authentic, ethical and diverse PPE  networks of 3M distributors who are aware of their ethical responsibilities to serve the healthcare sector.

We have quite a few verified list of 3M distributors working with our network partners and always advise our clients to make sure they always buy 3m Respirators from Authorised 3M distributors whenever there is a bulk procurement involved for health care settings.

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