Thank you for you input to me. I am glad to hear you say that I am in a strong position from a legal perspective. To my surprise this customer is now threatening law suit over this matter with a demand letter.
I understand that the jurisdiction of this case would be in California. I must be sure to confirm that he would be required to come to California to pursue a suit like this. Can we be sure this is the situation for the location of the court. If he must come to California then his expenses will probably be too high to follow through with these threats and allow for a situation more convenient to come to agreements over this.
1. Please confirm that jurisdiction should be my state CA and not his state FL.
2. What else should I do to avoid more prolonged conflict....and hopefully keep legal costs down.
3. Any other things I should pay attention to here.
This is his letter to me and my local Attorney here:
TO: XXXXX XXXXX Morrison, Jr.
River Village Plaza
5256 S. Mission Rd., Ste` 1010
Bonsall, CA 92003
Re: Return of Payment from USA Dog Crates, Inc. d/b/a DenHaús
Invoice No. 82331 dated April 8, 2013
Dear Mr. Morrison:
This firm has the pleasure of representing the interests of USA Dog Crates, Inc. d/b/a DenHaus in
the above matter. I have prepared this letter in the hopes that it Will not be necessary to pursue litigation
against your client, Brothers Milling, LLC, for the sums paid by my client for substandard and non-confortning work.
Enclosed herewith please find Invoice No. 82331, dated April 8, 2013, for the fabrication of the listed pet products. The total sum to be paid for the completed Work is reflected as $24,250. In a showing
of good faith, my clients provided to Brothers Milling approximately $14,500 of this sum based upon your client’s representations that it could fabricate high quality pet furniture in accordance with my
elìent’s specifications and directions. When my client received the ñrst exemplary model from Brothers
Milling, it was in extremely poor condition, but your client explained that this was because it had been damaged during shipping. Based upon these representations, my client agreed to allow your client
another chance to provide conforming goods. Shortly thereafter, my client received two (2) additional pieces of fabricated pet furniture and, much to its dismay, both were in the same poor condition and of the
same poor quality as the exemplar. It became exceedingly clear to my client at that point that your client was incapable of delivering high-quality goods in conformance with Invoice No. 82331.
My client has demanded a return of its $14,500 from your client, but those demands have gone unheeded. As a last effort to avoid litigation, my client proposes the following:
l. Within seven (7) days from the date of this letter, Brothers Milling, LLC will return, via cashier’s check made payable to “USA Dog Crates, Inc.” and sent to my office at the
above address, Ten Thousand Dollars ($10,000.00) ofthe sums paid by my client for the items listed in Invoice No. 82331;
2. For its time and materials, Brothers Milling, LLC shall be entitled to retain the remainder
of the sums paid by my client less the $10,000 return; and
3. My client agrees that, upon receipt and conñrmation of $10,000 from Brothers Milling, LLC, this matter Will be settled in full, and my client Will take no further action related to this matter.
As indicated above, my must receive the full $10,000 cashier’s check Within seven (7) days of the date of this letter. If it is not received by that time, this offer shall be deemed rejected and shall be
of no further force or effect, and my client will be forced to pursue alternate means of recovering all sums paid to Brothers Milling, LLC.
PLEASE GOVERN YOURSELF ACCORDINGLY.