I am a independent operatorI sell bread and cake for Bimbo Bakery USAThey have not delivered my one week out ordered product on either Monday or Tuesday of this week. As of this wrighting I will not receive my order for this Thursday.What corse of action can I take a this point to A: have them come up with my order.B: get refunded for product NOT delivered but was ordered.Ted Hinson
Country relating to Question: United States
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. Please clarify:-do you prepay for each order?-is this part of an ongoing contract, or is on a weekly basis?-is this contract in writing or verbal?This not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
the cost of product is deducted from gross sales at the end of the week.
This is a written contract sighned when I paid for the rights to the stores I service.
Thank you. I was typing out the answer but just noticed that I do not have your state. What is it, please, so I can cite relevant code?
Thank you.At this point, individuals in your situation may want to:1. send a certified letter stating that unless operations continue, you may seek relief in a court of law. Normally, you can give them 5 or so days from receipt of letter to act.2. if they do not act, then you may wish to actually pursue this matter. In an action based on a contract, the burden of proof is on the plaintiff to show: (1) execution and existence of the contract alleged in the petition; (2) sufficient consideration to support the contract; (3) performance or willingness to perform in compliance with the contract alleged; and (4) the defendant's breach insofar as such matters are in issue. Commercial Credit Corp. v. Harris, 212 Kan. 310, 313, 510 P.2d 1322, 1325 (Kan. 1973).You would seek the refund for the performance executed on your behalf, but them not paying you. Of course, a demand letter should be tried first (recommended but not necessary) to see if you can do resolve this before filing in court.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces when you are ready – I do not get credit for my time with you if you choose the lower two. I work very hard to formulate an informative answer for you; please reciprocate my good faith. (You may always ask follow ups free after rating.)
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