Send this Notice of Intention to Make a Private Sale After Breach letter when you have a client who has breached their contract
with you by failing to pay for merchandise you have already delivered.
This could be a lose-lose situation if you let additional goods go to waste.
When you have already manufactured additional goods for them, you can try to sell privately to make some money back.
Make sure to include all important details (dates, item numbers etc.) in this letter and give them a deadline.
Due to the fact that we have not received your payment for the goods we have delivered to you in accordance with our contract entered into on [date] , and that in failing to pay for these goods you are in breach of said contract, as you were noticed on [date] , it is our intention to make a private sale of the goods which we have manufactured for the balance of goods to be delivered under that certain contract, but which are undeliverable due to said breach, for a purchase price of $ .
This sale is to be consummated on [date] , and will go forward if your default is not cured by [date] .
It is our desire to inform you of the foregoing and afford you the opportunity to decide on a course of action, in view of the fact that you will be held liable for the loss sustained by us on said resale to the extent authorized by [cite section and code]