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#1 biz_ownerky

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Posted 13 January 2013 - 04:46 PM

I have a small embroidery business. I had a customer place a bulk order. We completed and delivered half of the order. The other half was going to be 1 week later than our estimated delivery due to our equipment being down. I agreed to the refund but I have asked that the customer to pay retail price for the completed items since it was no longer a bulk order. They refused and threatened a lawsuit. Am I wrong? Should I give the refund?

#2 pg1067

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Posted 14 January 2013 - 08:23 AM

No way of knowing without reading your contract with the customer and knowing what state you're in. Absent some unusual circumstance, being only a week late wouldn't be grounds to terminate or rescind this sort of contract.

#3 Guest_FindLaw_Amir_*

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Posted 15 January 2013 - 02:58 PM

I suggest you visit the Small Business Law Center and read Contract Law as a good resource to learn more about this subject matter. For further clariifcaiton, you may want to consult with a local Contracts Lawyer. Many lawyers do offer a free consultation.

#4 adjusterjack

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Posted 15 January 2013 - 08:25 PM

I have a small embroidery business. I had a customer place a bulk order. We completed and delivered half of the order. The other half was going to be 1 week later than our estimated delivery due to our equipment being down. I agreed to the refund but I have asked that the customer to pay retail price for the completed items since it was no longer a bulk order. They refused and threatened a lawsuit. Am I wrong? Should I give the refund?


Yeah, you're wrong.

Your customer shouldn't have to pay for your screw-up.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 cybersharque24

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Posted 16 January 2013 - 07:50 AM

This case is governed by the law of sales. You can't adjust the price but you are entitled to be paid for the part of the order that you completed and they accepted.




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