Can I refuse a delivery if the goods don’t match what I ordered?
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Can I refuse a delivery if the goods don’t match what I ordered?

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15.06.2026

I run a small business in Malta and I received a commercial delivery where the goods clearly didn’t match what I had actually ordered, different specifications than what was agreed. Can I legally refuse to accept this delivery, or am I obligated to accept it and then deal with the discrepancy afterward?

Site Administration 19.06.2026
reply date: 19.06.2026

Generally, you are entitled to refuse a delivery that clearly does not conform to what was actually ordered and agreed under your underlying contract with the supplier, since under general Maltese contract law principles found in the Civil Code, Chapter 16 of the Laws of Malta, a supplier has an obligation to deliver goods matching what was actually agreed, and receiving goods with materially different specifications than ordered would generally constitute a breach of that obligation, meaning you would typically not be obligated to simply accept non-conforming goods and sort out the discrepancy only after the fact. That said, from a practical standpoint, it's important to properly and clearly document the discrepancy at the point of delivery, such as noting the specific mismatch on the delivery documentation if you do accept the physical delivery for practical reasons, or clearly communicating your refusal and its specific grounds if you decline to accept it outright, since this documentation would be important evidence supporting your position regardless of which approach you take, and how you handle this initial moment can affect how smoothly any subsequent dispute over responsibility and remedy gets resolved. Given that refusing a commercial delivery can have various practical implications depending on your ongoing relationship with the supplier and the specific circumstances involved, it would be worth having clear internal procedures for how your business handles this kind of situation, and consulting a lawyer if a significant or recurring discrepancy issue with a supplier isn't being resolved satisfactorily through direct communication.

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