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Notice from CT Dept. Of Consumer Protection re: Back orders

By October 29, 2012Connecticut, Legal Matters

Orders for alcoholic liquor (distilled spirits, beer, wine, and alcohol) which are taken in a particular month by a wholesaler are to be delivered and invoiced that same month to the retailer. There may be times when the department allows a wholesaler or wholesalers to extend deliveries into the following month when supplier deliveries are interrupted due to circumstances beyond the control of the wholesaler. This is allowed on an individual basis upon a written petition to the department and requires clear and convincing proof that the inability of the wholesaler to deliver the affected product in the month it was ordered was beyond the control of the wholesaler. The department may, on its own, issue a blanket extension to all wholesalers due to the calendar. The practice of filling “back orders” in subsequent months at previous prices without department approval is not sanctioned unless a wholesaler petitions the department, the basis for the petition being that a circumstance existed beyond the control of the wholesaler which prevented the delivery of the product to its warehouse, provides proof of such assertion, and receives the approval of the department. Retailers and wholesalers are encouraged to place orders and deliver products respectively in a timely manner and not waiting until the very end of the month for such ordering and expecting deliveries to be timely.

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