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Recent Purchase Order questions

I am one of the founding members of a non-profit that

I am one of the founding members of a non-profit that recently received a restricted donation. The terms of the donation were to use the funds to assist one of our students build a mobile app that is meant to help the visually impaired. The non-profit is to receive the invoices/purchase orders etc from all the people/companies that are working towards building the application and we are to pay them directly. The mother of the child and her friend are demanding all the money be placed in their companies bank account. Basically requested our non-profit to serve as a shell company so the donating corporation can get a tax write off and then we just turn around and put the money in their account for liquid asset. After talking to two accounting firms and one tax preparerer who is a former IRS agent, they have all confirmed that if we are not paying the vendors/contractors/business service companies directly then we are not working within the legal scope of our non-profit. that all receipts need to show we paid all service providers who provide a bill should be from the non profit to the service providers. The mother has since said there are a few companies who must have a check with her companies name on it (they couldn't accept a check from us). One of the accounting adviser's said as long as we get a letter of explanation stating why the money had to be paid to her company, accompanied by an invoice from her company and receipts proving she paid the third party that we could submit those in case of an audit. So we got the invoice, cut the check and have asked for receipts proving they paid who was on the receipt. For the $29,000 they collected they have only produced $300 worth of receipts. They are not demanding we give them the remainder of the money so that her company can prove liquid assets. We again told them that is illegal and the direct word from the former IRS agent was money laundering and that we would not participate in it. We are demanding they provide the documents we need to prove that money was used for what it was invoiced for and refuse to cut them money directly, but that we would do what was agreed upon and within the scope of the non-profit and pay the vendors/suppliers directly for the growth of the visually impared app as stated by the donor. They do not want to do that, so we now want to return the unused funds to the donor, since they are not willing to following the guidelines. Is returning the funds a legal action. We don't want to continue to fight with them and have them demanding daily we turn the donation over to them so they can have liquid asset for their company, which again everyone has confirmed is not in the legal scope of any non-profit and would void the donors tax deduction. We have no interest in doing anything illegal.

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Loren

Juris Doctor

37,154 satisfied customers
I want to ask some questions. [Details] 1. Our

Hello, I want to ask some questions.[Details]1. Our company(referred to "A") is a manufacturer of vehicle motor components.2. The "A" supplied to our client(referred to "B") motor components for one year. And the "A" agreed and signed for 10 years to supply above components as a customer service period(Service Period) when the "B" requests it.3. After the end of one year supply, the "B" had been acquired by other company(referred to "C").4. The "C" issued a purchase order("First Order") for above components during the Service Period. And the "A" accepted the order and supplied the components.5. After the expiration of 10 years of the Service Period, The "C" issued a new purchase order(Second Order) to "A". And the "A" said to "C" that the Service Period is over, so "A" doesn't have any obligation to supply the components.6. Then, the "C" said that the "A" had agreed and acknowledged the general terms and conditions of "C", which is stated on the First Order paper.7. The general terms and conditions stipulate that the service period of components are for 15 years. And this term is not stated specifically in the First Order.(just mentioned that the "A" agrees to the general terms and conditions)8. At the times accepting the First Order, the "A" didn't recognize the extension of the Service Period, because following client("C")'s general terms and conditions are just an ordinary phrase.9. Additionally, "A" didn's signed any new amendment with the "C". A have the only copy of the contract with "B". And the "C" didn't explain or notify to "A" about an extension of the Service Period.[Question]1. In this case, the Service Period is for 10yers or for 15 years?2. If we argue this matter in the court of Michigan, does it seems like the "A" and "C" have an agreement on the new Service period (15 years)? For accepting the First Order? We think that we didn't have any consent with company "C" about Service period. And the phrase of First order with the general statement, cannot bind our company. Your sincere answer will be appreciated.

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Irwin Law

Juris Doctor JD

8,840 satisfied customers
My company is dealing with a contractor, who has been

My company is dealing with a contractor, who has been recently fired by the Owner they were hired to complete a project for. The Contractor has notified all the subcontractors indicating we will not be paid until they are. There is no "Paid when Paid" clause in their terms in addition, their purchase order not only included their terms, but also a copy of ours. Which terms prevail? and can we should we still attempt to collect with a demand letter for notice? The purchase order is for Goods and Services, however the $ for the goods is greater then the $ for services.In addition, we are being asked by the Owner to provide the services, even though we know will not be paid. We can in goodwill, but will this breach anything with the Contractor if we "go around"

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TJ, Esq.

Juris Doctor (JD)

10,884 satisfied customers
We delivered a truck load of hay 200 miles away to a horse

We delivered a truck load of hay 200 miles away to a horse customer here in Tennessee on a truck for we hired for $420 and it had several bad bales on it. The farm wants to return the hay which we reluctantly will do as we don't think all the bales are that bad but they sent some pictures of bales opened and some do have mold in them. We offered to get them 20% of the bales free and they still want to return the entire load. They paid for the hay by credit card and delivery was included in their approx. $2,000 total price. Not sure if this falls under ICC regulations but it would be good to know for future purposes are they responsible for returning the hay to the farm if they accepted it and unloaded it? It's going to cost us another $420 to send a truck there to pick up the hay. The 2nd question is they had their neighbor unload the hay but now he doesn't want to load the hay out has he said their ground isn't level but I'm not sure if that is the real reason. And so they say they have no way to load the hay and they know no one else who will load it and they are telling us we need to bring our own loading crew or loading equipment to load it out and this will probably cost another $200+ if we have to do that. So are they responsible for returning it and if not are they at least responsible for loading it out? They said they will seek legal means if we don't get the hay out of there and they get there money back. We are willing to pay them back in full no problem which we told them but we are arguing about who is responsible for how it should be returned. The driver says the customer signed of invoice of some sorts saying the trucking company did deliver the load but it's not a actual Bill of Lading I guess if that makes a difference...they are sending me a copy today and this load just delivered yesterday.

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I made custom tables client, going by their specs and

I made custom tables for a client, going by their specs and material they wanted. They have rejected the finished product. I have suggested remaking the tables using a different metal for the top and they have rejected that as well. The metal used on the original tables was zinc, which is a living metal, that patinas over time. They are not open to us replacing the tables but want a refund instead. Giving them the refund would put our business into financial hardship since it is such a large amount. Am I required by law in Georgia to give the refund? Thank you.

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legalgems

Juris Doctorate

13,880 satisfied customers
I requested an electrician quote a project and the electrician

I requested an electrician quote a project for me and the electrician quoted it. Then I thought about the project a little more and asked him to quote it again. He sent a quote and I sent a PO for the second quote only.The electrician came in to do the work. On the day he commenced the work, he said that there was an discrepancy in the quote (not the correct amount). I should have given him a po for the amounts in the first and second quote not for the second quote onlyAm I liable

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Roger

Litigation Attorney

Doctoral Degree

33,582 satisfied customers
I have purchased a used car in WA. I was preapproved by my

I have purchased a used car in WA.I was preapproved by my own creditor. I signed the documents and took the car. The creditor replied next days saying they will only finance 120% car to value. The rest has to be out of pocket. I don't want to pay that. Is it legal for me to say to the dealer to either renegotiate the price or return the car to him?

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P. Simmons

Attorney

Doctoral Degree

35,698 satisfied customers
I am researching a company to see if they are legitimate. It

I am researching a company to see if they are legitimate. It is a work from home offer that involves purchasing and shipping products specified from a purchase order. They claim to allow me access to their bank account and transfer funds to one or more of my credit cards to make the purchases. "After two weeks probation period they will provide a company credit card" Sounds like a scam to me... They said I can check them out through Official Federal Office of Justice is zefix.chCommercial Register: 27.06.2005Legal Domicile: Yverdon-les-bains (VD)Legal Form: Joint stock companyTrade Register Number: CH-550.1.044.369-0Commercial Registry Office: Canton of VaudWebsite: www.kcswisstrade.comAre they for real or just another scam? Thank you.

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MIAMILAW1127

Partner

Juris Doctorate

1,484 satisfied customers
I have a small wholesale apparel business located in CA. We

I have a small wholesale apparel business located in CA. We processed orders from The Greenbrier Resort, located in West VA, in May 2015. These orders totaled about $7000.The Greenbrier has dodged all attempts to pay for these shipments.Do I need to sue in a West VA court or may I process my suit in CA?

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Gerald, Esq

Juris Doctor

5,302 satisfied customers
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