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Category: Consumer Protection Law
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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I have ordered books to be printed. In the contract I have

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I have ordered books to be printed. In the contract I have exactly what is to be printed on the cover. They misspelled two of the five words, howeerver, the proofs were signed off. Do I have a case?

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Just to be sure - the "proofs" contained the misspellings?
Customer: replied 3 years ago.

Yes, unfortunately they did. The text was their mistake and they typed it incorrectly on the binding. My name, the author, is Schmidt. They Typed "Schnidt."


 


The text on the contract reads, "Please incude Bloodtooth Vocations - Schmidt, Schmidt, & Teske." as the additional comments. It is in small print and no one caught it until the final product came. It reads, "Schnidt, Schnidt, and Teske."

"Proofs" are a general term for a variety of options for seeing what your file will look like when printed is a proof. Think of it as evidence (proof) that what you put into your digital file will all come out on the printed page exactly as you intend: the right fonts, graphics, colors, margins, and overall positioning.

 

Printing proofs are used for checking that all text and graphics and colors come out as expected before going to press.


If the contract reads that you are liable for once you OK the proofs for any mistakes - then, regretfully, their negligence and spelling error is at your risk if not caught.


So, regretfully, once you OK'd the proofs - you're stuck with the proof and any errors.

You might have more of an argument if the spelling was incorrect on some common word like the word "the" and they made an error "hte" or something of the like. But when it's a specialized word like the name of an author - then it's your risk if you don't catch the mistake.

Sorry.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

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Customer: replied 3 years ago.

Is there any argument to them never fullfilling the terms of the contract, thus may it be considered a material breech of contract?

By not "fulfilling the terms of the contract" - what are you alluding to with that?
Customer: replied 3 years ago.

In the additional comments sections on the contract we wrote, "please include Schmidt, Schmidt, and Teske" This was never done. Instead they wrote "Schnidt, Schnidt, and Teske." Could it be argued we never had a product completed to correct specifications to approve in the first place...


 


Sorry, I jsut want all avenues to be explored. I fear their lawyer has already told them to ignore me... lol.

Yes, if the names weren't part of the "proofs" - that you never had an opportunity to review such. Then they were negligent and wrong in not submitting "proofs" to you of the names to be printed.

That if you didn't OK the misspelling - then it's strictly their error.


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