How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
18572087
Type Your Business Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I have a client that ordered custom furniture by a purchase

Customer Question

I have a client that ordered custom furniture by a purchase order without asking for a sample of it and now they do not want to pay for it and wants to return it. Who is liable for paying the manufacturer for this custom furniture.

Also, this same company wants to use my vendor they initially told me to stop using and went behind my back to order purchases from them leaving me out in the cold. Do I have any recoursel.
Submitted: 6 years ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

The original client is liable for paying the manufacturer and not you--if this was something that had to be custom-made, it is the client who now runs the risk of paying for it and not you. The reason is that if this item is specific and harder to resell or replace, it is much more likely that you as the seller will not be able to recoup your value back. Under such conditions the person who ordered the custom-made item has to pay for the creation of the item should they choose to cancel their order without cause (for example, if they care canceling because they changed their minds rather than that the item was not performed up to specs).

Hope that helps.

Edited by Dimitry Alexander Kaplun on 1/9/2010 at 2:54 AM EST
Customer: replied 6 years ago.

These are bar stools that originally was made by a manufacturer whom the client asked me to fire and find another manufacturer and get these barstools as close to the original specs as i could but did not have to provide a sample.Now the client wants them returned because they are a tad bit higher and wider than the original barstools. Who is responsible.

Expert:  Dimitry K., Esq. replied 6 years ago.
Are the barstools up to spec as they were ordered or is the client correct is contesting their dimensions?
Customer: replied 6 years ago.
That's hard to say as i was told to get them as close to the original specs and the client provided the fabric but the frame came in a bit off. The client never asked for a sample from the new manufacturer,
Expert:  Dimitry K., Esq. replied 6 years ago.
If the client never asked for a sample, they run the risk of ordering "non-conforming goods"--that is no longer your responsibility as middle-man. At this point the original client must demand the refund from the manufacturer but they must still compensate you.

If they do not, you have a valid suit in small claims if the value owed to you is under $5,000, or in county court for a larger sum.

Edited by Dimitry Alexander Kaplun on 1/9/2010 at 3:07 AM EST
Customer: replied 6 years ago.
I accept this one but what about them going behind my back using my vendor after they told me to fire this same vendor. Can they do that.
Expert:  Dimitry K., Esq. replied 6 years ago.
It is definitely bad faith on their part, but there is nothing inherently illegal about it.

You may have a possible suit for tortuous interference with a business interest, but unless you had an actual written agreement with them that barred them from going to your vendors directly, although despicable and unprofessional, it is not illegal.

Hope that helps and good luck to you!

Edited by Dimitry Alexander Kaplun on 1/9/2010 at 3:13 AM EST
Customer: replied 6 years ago.
i wnat to accept but i have changed banking info and if i hit the accept it will not pay youl how do i fix it.
Expert:  Dimitry K., Esq. replied 6 years ago.
Let me contact the moderators on your behalf and have them check it out--I believe you have an option to change banking options or credit card information but as an Expert rather than as a user I do not have a copy of a step by step manual as to how to do it for you.

Hold on please--I will contact them now.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 6 years ago.
Just ask them to email me the infom and i will code it in
Expert:  Dimitry K., Esq. replied 6 years ago.
I have done so--I placed a request to get a moderator to get involved to assist you with your payment options. Good luck!

Related Business Law Questions