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You placed an order with a supplier, but suddenly you hear that it has gone bankrupt. What now? Does that automatically mean that your order will no longer be delivered? And what if your supplier requests a judicial reorganization? In this blog post, we'll discuss the steps you can take and the rights you have in such situations.
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When your supplier goes bankrupt, that does not automatically mean that your contract with him ends. So it is perfect that the delivery still arrives. It is the trustee who decides whether or not that will be the case, because he is in charge of settling the bankruptcy and determines whether existing contracts are complied with or terminated.
If you place a new order with another supplier without first consulting the curator, you run the risk that your original order will still be delivered. This may result in you receiving and paying for the goods twice, or paying compensation to the company that went bankrupt.
As soon as you hear that your supplier is bankrupt, contact the company's curator. There is no point in contacting the former manager or your previous contact person. The curator's contact details can be found on websites such as Regsol.
Ask the curator if he wants to continue executing the contract and have this decision confirmed in writing. If the curator does not take a position immediately, send a registered letter asking for clarification within 15 days. If the curator does not respond within that period, you can consider the contract terminated.
If you have already paid an advance or if you want compensation due to the termination of the contract, file a claim in bankruptcy via the aforementioned website. Keep in mind that, as a creditor, you often do not have a privileged position, so there is little chance of getting money back.
Even if your supplier requests a judicial reorganization, the contract will in principle continue to run. It is therefore not wise to just regard the contract as terminated and to work with another supplier.
In this case, you can terminate the contract by mutual agreement with your supplier. Please note: you cannot agree in your contract that the contract will end automatically if your supplier requests a judicial reorganization. Such a clause is not valid.
By following these steps, you can protect your position and reduce the risks if your supplier gets into financial trouble. Would you like to receive more information about this issue or do you have questions? Feel free to take contact contact us, we are happy to help you out.
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