| | If you are selling | If you are buying
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| Fraud Alert: Be aware that you may be contacted by fraud artists posing as buyers who issue you overpayments with cheques, money orders, or certified cheques. Before completing transactions or issuing refunds for overpayments, have your bank verify that the cheques or money orders you have received are valid. Visit the Canadian Anti-Fraud Centre web site for more information. |
More than just caveat emptor - the seller should beware too!
Most of the individuals that you may do business with are honest and trustworthy but only you can protect yourself from those who are not. Fraud by telephone and internet is a serious problem. Visit these web sites to find out more about the most common types of fraud that occur on the internet. Protect yourself by learning to recognize fraud. The Canadian Anti-Fraud Centre website provides useful information.
If you believe someone has attempted to defraud you, you can report it on-line to: Canadian Anti-Fraud Centre
Complaints can be filed on-line or by calling toll-free 888-495-8501 or email info@antifraudcentre.ca. This service is administered by the Canadian Anti-Fraud Centre of Canada and is supported by the Royal Canadian Mounted Police.
If You are Selling
Be clear on who you are selling to
- are they another individual or company, or are they a broker?
- if you are selling directly to an individual, company or broker, then will they be hauling the product themselves or will this be done by a third party?
- where will this load or product be delivered to?
Do not make assumptions - ask questions and make sure that you have the information you need.
Reduce the risk of non-payment
- get part of the payment in advance before the product leaves your yard. This should happen when the buyer comes to inspect the product and the agreement to purchase is made.
- do not ship the second load before the first one is paid for
Have everything in writing
- detailed product description: type of product, weight, quality, quantity or other industry standard measure (eg. tonnes, board foot measure (BFM) cubic meters, cords of wood)
- purchaser's name, full mailing address & phone numbers
- the specific address that the product is to be delivered to (legal land description)
- the payment amount
- terms of payment - paid in advance, cash on delivery
Under the Alberta Sale of Goods Act all contracts for goods sold over $50.00 must be in writing.
Be prepared!
- have the shipment ready and send the completed invoice with the trucker
- have the purchaser sign for each load (confirmation of delivery)
- have the trucker bring back the payment (or the balance of the payment) for each load delivered
Do not wait
If a payment is not made on time contact the buyer immediately to get it resolved. At the same time stop any further shipments to the buyer.
If necessary you can take legal action to recover the outstanding payment. Please note that the maximum amount that you can pursue through small claims court in Alberta is $25,000. To recover an amount greater than this you will need to hire a lawyer and go through the Court of Queen's Bench.
If You are Buying
Be clear on who you are buying from
- are they another individual or company, or are they a broker?
- if trucking is included will they be delivering the product themselves? Is the shipping rate fair and reasonable?
Know what you are buying
- make the trip to visually appraise the product and ensure that it is in good condition
- If you are getting product from new sources, including those outside Alberta, watch for agricultural/forestry pests including plants, animals, insects and plant diseases. When buying or handling wood, watch for potential chemical/physical contaminants and hazardous material. It’s also a good idea to monitor the product at the delivery site and the storage site for the possibility of weed/pest activity into future years, as a precaution. If you have questions or need to report an issue, you can call the Ag-Info Centre at 310-FARM (3276) or Alberta Environment at 1-877-944-0313.
- make it clear to the seller that any product which is of a lesser quality than that which you agreed to purchase will be refused and returned to them at their expense
- be prepared to make a down payment at this time but do not put more than 50% down
The agreement to purchase must be in writing
- detailed product description (type of product, weight, quality, quantity or other industry standard measures)
- seller's name, full mailing address & phone numbers
- your name, full mailing address & phone numbers
- the specific address that the product is to be delivered to (legal land description)
- the payment amount
- terms of payment - e.g. part in advance with balance on delivery
Under the Alberta Sale of Goods Act all contracts for goods sold over $50.00 must be in writing.
Get what you paid for!
- each truckload must be weighed
- ensure that product measurements are correct
- pay for having the load reweighed if you are concerned that the weight is not accurate
- ensure that the invoice accurately shows the quantity received and the payment amount outstanding
- if there is a quality problem stop unloading the truck & call the seller immediately to get it resolved
Do not wait
If you have put a down payment on your purchase but do not receive the product within the agreed upon timeframe then contact the seller immediately to get it resolved. If you are unable to resolve the problem you will need to put a stop payment on any other cheques to the seller so that you can limit your risk.
If necessary you can take legal action to recover the outstanding payment. Please note that the maximum amount that you can pursue through small claims court in Alberta is $25,000. To recover an amount greater than this you will need to hire a lawyer and go through the Court of Queen's Bench. |
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