Materials Paid For But No Installation Scheduled

Warmsmeallup

We sold, have signed contracts and received payment for $9000.00 worth of materials for the installation of a Heatizon low voltage Zmesh radiant primary heating system to be installed in Brooklyn, NY.

The problem is that we were scheduled to install the system back in September of '07. I called, emailed and left messages for the client several times to confirm the installation but I don't get any calls back. I did connect with them once back in October and she said she was on the phone and would call me back...it's March '08!

What can/should I do? Am I allowed to send a certified letter saying they will forfeit their payment for the product, since it's already in my warehouse and walk away? Can this be done legally? Do I just have to wait indefinitly for them to decide to complete the project?

Thanks for any legitimate feedback!

wizendwizard

I don't know about your area, but down here we have to contact a lawyer and go before a judge proving attempts to contact.

After this is proven to the courts satisfaction they will foward a notice of abandonment to the client and award you reciprocating judgement of ownership and maybe even award you a judgement for storage fees on material as well.

All of this hinges on if the HO doesn't show for court.

I am not offering legal advice as I am not an attorney!!
Contact your legal council for proper advice in your area!

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Warmsmeallup

Thanks. It sounds like the right thing to do. I understand the disclaimer! NP

AtlanticWBConst

This is not legal advice, this is common sense advice:

Make every attempt to contact them. Record and save all documentation and correspondances (including date, time, present witnesses). All letters should be sent as signature requested registered mail. I suggest that, if you are unable to contact them in a reasonable amount of time (as allowed by law), to attempt to return the materials (minus fees), and put the money in escrow.

You may wish to consult a locating-company, and/or lawyer, if the silence continues.

Again, that is not legal advice, it's just my 2 cents.

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Stone Mountain

I had a customer last year order a pair of industrial gates worth about $4000.00
Through a misunderstanding, they paid me in full for the project (about $35,000) which included a bunch of other stuff besides the gates. We completed most of it, along with running battles with the construction manager. The big problem was the timing of the gates. My supplier was crazy busy, and it took a bit longer than expected.
In a fit of pique, the manager told me to keep my gates and stuff it, that they'd go elsewhere. A week later I tried to deliver them to the site and was refused. He simply didn't want to know that they were paid for.
OK. I borught them back to the supplier. On my lawyer's advice, I sent them a note that w'd hold them for 30 days and then sell them. It is now 9 months later. The manager got fired a week after this gate thing, and I don't think the ownere realize what happened.
If they happen to call now, I can legitimately ask for storage fees before giving them the gates (which I sold a week later).

Send them one more letter. Give them 30 days to have the work done, or you'll sell the material. Then do it. If they ever decide, you can charge administration, storage fees, all sorts of stuff.

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angus242

While this doesn't help you now, you need to make provisions for this in your next contract. This almost happened to me so I now have a clause in the contract.

Stone Mountain

We had lunch today with our best friends. Turns out his son, who is a successful videographer, has a similar prblem. People hire him for a wedding, barmitzvah, or other personal event, or for a corporate promotional video. He asks for and always gets a 50% deposit.
He has about a dozen completed jobs that have never been picked up, or paid for in full. One company gave him a $10,000 deposit 18 months ago, are still in business, but has never been back since and never returns phone calls.
And you'd think that "the father of the bride" having given a $2 or 3000 deposit, would at least want to see the video of the affair.
Oh well. I guess it happens.

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GregS

Maybe the marriage isn't going so well...

Stone Mountain

Good point. Maybe there are more Pam andersons whose marriages don't last more than a month or 2.

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