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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?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.

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Just to be sure - the "proofs" contained the misspellings?
Customer: replied 1 year 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."

Expert:  Law Pro replied 1 year ago.

"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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 1 year ago.

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

Expert:  Law Pro replied 1 year ago.
By not "fulfilling the terms of the contract" - what are you alluding to with that?
Customer: replied 1 year 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.

Expert:  Law Pro replied 1 year ago.
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.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
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Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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