Legal Rights for a customer that didn't pay and cancelled order
I provided t shirts for a pop warner teams. The parents were ordering shirts in spurts. Anyways I was working thru a third party dealing the team mom. The team mom ordered Team Roster shirts so when she received the shirts she complained they were too big. But she hasn't paid for the shirts yet. So I told the customer I would replace the shirts with the correct sizes. But the customer decided she didn't want to order shirts anymore. So now I am stuck with with 22 shirts with a Roster logo and no payment or deposit from the customer. What are my rights or what type of legal action can I take?
__________________ Ty King Company: KMB Designs
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I provided t shirts for a pop warner teams. The parents were ordering shirts in spurts. Anyways I was working thru a third party dealing the team mom. The team mom ordered Team Roster shirts so when she received the shirts she complained they were too big. But she hasn't paid for the shirts yet. So I told the customer I would replace the shirts with the correct sizes. But the customer decided she didn't want to order shirts anymore. So now I am stuck with with 22 shirts with a Roster logo and no payment or deposit from the customer. What are my rights or what type of legal action can I take?
Is the team mom the customer? I'm not sure if I am confused.
Either way, did you accept the shirts back? If you are in possesion of them, I think you are stuck eating the job. Maybe you can donate them to goodwill and at least get the tax write off.
Did anyone discuss sizes, measurements, return and satisfaction policies? If nothing has been said one way or another, and *if* she still has the shirts, you can try to just bill her and note on the invoice that any invoices past 30 days are charged intersted 1 1/2% per month, and bills over 60 days are forwarded to collections. Sometimes avoiding collections is enough to make some folks pay (whether you really do that or not, just avoiding it can be motivation for the customer to pay, so you never really have to do that.)
If she flips and calls you complaining, by going for payment in full, you can possibly make it look like you are a good guy by letting her negotiate her way to only paying 50%.
From here, there is no way to tell if she is responsible for ordering the wrong size to begin with, but in the future, you need something concrete that explains shirt sizes, who's responsible for what, like if they order a medium not knowing the measurements, oh well. But you should also make sure the customer knows what is what size. Get the quantities, sizes, artwork all signed off on, as well as the payment terms.
Also, like mentioned above, 50% deposit up front, non refundable. That keeps you in business if you should have a string of jobs like this one. Your costs should hopefully be covered.
That's also pretty standard across the industry, so customer's will be hearing that most of the time if they compare you to another printer.
Good luck, hope it works out for you. If not, this was a learning experience that will save you from this many times in the future. Best wishes.
Something similar is happening to me and I plan on selling the shirts myself to the team.. Can you get in touch with a parent or2 and offer the shirts for sale yourself and either mark them down to recoup your money lost or keep the profit.. I am even adding a stone here and there and a little glitter to out do the blah shirts.. If there is anyway to customize for each one ordered such as girls name on the sleeve..something that stands these out from others.. My gilrs are going crazy over 2 stones in the mascots eyes and some fabric glitter...
Re: Legal Rights for a customer that didn't pay and cancelled order
I have never done screen printing for the public, however I've run an online business for 8 years. There some people who are going to be problems no matter what. Most likely this woman didn't really want the shirts and would have inventing anything.
Re: Legal Rights for a customer that didn't pay and cancelled order
small claims court, works for verbal agreements, just took a customer there this week. i had no contract, or reciept. more than half the time they dont even show up so they loose. its only about $60, that includes a sheriff serving them with papers at work or home, i prefer there work. and when they dont think they have to pay because they didnt show up, you send another sheriff to collect, it great. if you win they also have to pay your court cost. thats in the state of california, not sure how it works elsewhere. if they do show up try to have any info or anything you can use to help you. in some cases they will settle before even going to court. if you agreed to replace the product and you had a verbal agreement, i think your in good shape, you might not even need to replace them if you both agreed to a certain size. sounds like someone is trying to pull a fast one on you.
Re: Legal Rights for a customer that didn't pay and cancelled order
I think Kelly's idea of donating and taking the tax write-off or Christee's idea of selling direct to the team are your best bets. Otherwise I'm not clear on who exactly you were dealing with, who you should have been dealing with, why you didn't get payment up front and who is at fault for the shirts being the wrong size so its pretty much impossible to give specific advice.
Re: Legal Rights for a customer that didn't pay and cancelled order
I never do any work with out a deposit period, and a written overview as to the scope of the project, items etc. Why do I do this is because what happen to you has happen to me. Funny how when money changes hands people aren't so quick to walk away.
You could print on the back of the shirts... a wanted poster of the team mom (her photo)
and give the shirts out the next street fair. LOL
Re: Legal Rights for a customer that didn't pay and cancelled order
Quote:
Originally Posted by guysmalley
I never do any work with out a deposit period, and a written overview as to the scope of the project, items etc. Why do I do this is because what happen to you has happen to me. Funny how when money changes hands people aren't so quick to walk away.
You could print on the back of the shirts... a wanted poster of the team mom (her photo)
and give the shirts out the next street fair. LOL
Re: Legal Rights for a customer that didn't pay and cancelled order
For years I worked for a printing company that required payment upfront and people rarely batted an eye. They did offer terms but you had to fill out a credit app.
This is a discussion about Legal Rights for a customer that didn't pay and cancelled order that was posted in the Screen Printing section of the forums.
Legal Rights for a customer that didn't pay and cancelled order 
Daniel Slatkin 
