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Ownership of products generated in excess of the contract with the buyer 2411511419

Monthly Al Kawtharbusiness trade


Question

One buyer (buyer) has an agreement with the owner of a factory that the factory owner will make him 1 lakh T-shirts. The buyer will provide materials for making shirts, such as cloth, buttons, yarn, etc. As can be seen in this case, the buyer pays a little more for the T-shirt making materials, by which the factory owner makes more T-shirts than the contract. Who will own this extra shirt? Can the factory owner sell these extra T-shirts elsewhere? In this way, can someone else sell it elsewhere on his behalf and take commission? 5756553457


Answer

- حامداومصلياومسلما، بسم الله الرحمن الرحيم -

According to the agreement in question, since the factory authority will only do the sewing work, and the warder donor buyer will provide all the materials for making the shirt, the warden donor will be the owner of all the goods made in this case. So when an additional one lakh pieces of shirts are made, the owner of them is also the buyer. So it would not be legal for the factory authorities to sell it elsewhere without his permission. Similarly, it will not be legal to sell extra T-shirts for someone else and take commission. However, the factory owner will be able to charge a separate fee for the extra number of shirts ordered. However, if the buyer is informed about this and he gives up the claim or the contract itself states that the buyer will not have any claim regarding the extra garments, then it will be up to the factory authorities. He can sell it elsewhere if he wants and in that case someone else can sell it elsewhere on behalf of the factory authorities for a commission. 1485922953

- والله اعلم باالصواب -

* This Fatwa was translated by Google Translate.
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Source

  • আলমুহীতুল বুরহানী, Part: 12, Page: 48
  • ফাতাওয়া খানিয়া, Part: 2, Page: 341
  • আদ্দুররুল মুখতার, Part: 6, Page: 200
  • শরহুল মাজাল্লাহ, খালিদ আতাসী, Part: 1, Page: 262
  • ফাতাওয়া তাতারখানিয়া, Part: 15, Page: 297