Cancelled orders

[CJ]

I have had a frame shop since 1983 and for the first time I had an order cancelled after I ordered 3 chops for oil paintings. The job is for over $1,000 or I would'nt persue this. I do not have the art in my possession, and I did not get a deposit because the person who placed the order was acting as an agent for a company. I now know to get the deposit befor ordering chops. What are my legal rights to collect on the unpaid invoice?

 

[frmallday]

Yikes!
Sorry that happened!
I'm no lawyer but without a deposit I would imagine you are going to have to eat this one.
It differs from state to state but if nothing was signed on your invoice pretaining to your store policies,, you have no policy and therefore nothing to pursue.
I would call the person who cancelled and ask why,it could be a situation that can be remedied with some flexability on both your parts.
I'm sure some other Grumblers may have better advice!

 

[Dave]

I agree...your best bet is to communicate with the customer and hopefully work the problem out. Is this someone you have worked with on a regular basis? If so, was this the usual ordering process?

You said the order was over $ 1000.00. Wholesale (material cost)? Maybe your vendor with be sympathetic and cut you a deal.

If it's a new customer you may have to chalk this up to experience.

Dave Makielski

[ 09-06-2005, 06:17 PM: Message edited by: Dave ]

 

[Baer Charlton]

72 hour, right of recission. Without the artwork being left, or a deposit being made, you can't prove "intent" to purchase.

Especially if they are ordering for a company.... NOTHING GETS ORDERED WITHOUT MONEY OR PURCHASE ORDER IN WRITING.

We've played hard nose since getting burned once, and we have seen slow moving companies chop checks in 2 hours.

 

[DTWDSM]

Your legal rights on an unpaid invoice...what are you going to invoice them for??? You did not provide a service or a product for them. It sounds like you did't get a Purchase Order either.

Sounds to me that you need to find a nice picture for your home since you bought a frame.

 

[Puppyraiser]

Some days it sucks to be in business....

 

[Jim Miller]

Originally posted by CJ:
...I did not get a deposit because the person who placed the order was acting as an agent for a company...What are my legal rights to collect on the unpaid invoice?

Ask your lawyer about your legal rights.

Commercial customers often will not/can not pay deposits on work contracted when the amount is small (for most companies $1000 is a small purchase). The customary procedure is for the buyer to issue a written purchase order specifying what is being bought, from whom, the price, when the bill will be paid, and other pertinent details of the negotiated transaction.

A written purchase order is a legal contract. If you have that, a phone call to the buyer from your lawyer should get you a fair split of the negotiated price. Even if you have no written purchase order, in many states a verbal contract is considered a legal contract, but he-said-she-said arguments may be a problem & you have the burden of proof.

Good luck. Let us know what happens, will you?

 

[JFeig]

one question that has not been asked and or answered is...........was the order signed by the agent for the company. That "order" is also a written contract.

 

[Candy]

This is a tough one.

I am just now getting the final payment from a local Chamber of Commerce for something that I did for them over 3 years ago. It is nearly $1500. I really had just about given up ever seeing that money...........but, suddenly they want more work done.

 

[Rick Granick]

Candy: Three years!? If they want more work done, I would recommend these four words:
Payment Due In Advance.

Rick

 

[framah]

Candy... Remember... Cash up front this time!! Tell them that due to their past actions you insist on full payment up front or at least 50% down and the full balance upon picking up. No money, no work leaves the store.

Imagine!! The Chamber of Commerce!!! That is their idea of how to support the local businesses, eh?

 

[Rock]

Rules of my business...50% down before any work or ordering material begins, plus nothing goes out of my shop without payment in full. Seems like the only time I get burned is when I'm a nice guy and do something for a friend or a supposed good customer with no down payment. There have been times when the customer has paid a down payment and then never came back to pick their work up, but at least I had the materials paid. The few customers who want to take their art home and pay me later, I just tell them I'm not a bank or finance company but I do take credit cards.

Rock

 

[Candy]

You bet, 50% down, 50% before delivery!!!