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I ordered products major construction project and the vendor…

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i ordered products for a...
i ordered products for a major construction project and the vendor sent us the wrong material that were not ordered. We didn't realize this until we fabricated and installed all the products. When we got the final materials and in doing the final installation, we found out it was the wrong materials. The materials look very similar. Now, we'll need to replace everything that is on the construction site. The vendor is trying to charge us for the materials that were not correct. It's clear in the email what we ordered.The vendor sent the info to a collection agency and now the collection agency is trying to collect even on invoices that have the wrong products on it. the collection agency is also sending info. to tax office ccing me in the emails, etc. trying to get info. on the company. We had to spend thousands to redo the work on the jobsite. Can we charge them for damages and what can we do at this point? I don't want it to ruin our business credit. thanks. We tried to settle with them by paying for the products that were the correct ones, but they want us to pay for additional fees for the collection agency, etc. thanks.
Submitted: 2 years ago.Category: Business Law
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Answered in 33 minutes by:
3/1/2016
Business Lawyer: Joseph Scott, Attorney replied 2 years ago
Joseph Scott
Joseph Scott, Attorney
Category: Business Law
Satisfied Customers: 171
Experience: I have practiced law for 10 years. I have handled hundreds of cases if various areas of the law.
Verified

First off, I am sorry to hear that this happened to you. You are correct that you certainly can try and offset any damages you incurred as a result of the company sending you the wrong materials. If your emails specifically state what materials you orderrd, and the materials you received do not comply with your order, then the company is liable for any damages they incurred as a result of its error.

It's important that you keep all of the emails to show specifically what you ordered. Also, it's important to keep all invoices of the materials you had to buy and use in order to finish the project. If the collection agency is trying to collect, make sure to send copies of the information and dispute the charge in writing. I would definitely send it "certified mail" with return receipt so you can prove that you disputed the claim.

It is important that you have a paper trail proving what you ordered (emails), the additional costs incurred (invoices from the additional purchases). Also, keep a record of any thing in writing where you gave them an opportunity to fix or cure their mistake or (defect or breach of contract).

Just to review, since you do not owe the money, then I would refuse to pay the collection costs. Also, make sure that you dispute it in writing so you have a paper trail. If the collection agency has all of the information, the collectors may not want to pursue it further. I would also make sure that they haven't already tried to put a "hit" on your credit report, if they have, then dispute the negative on your report with the credit agencies.

If there is anything else I can do for you, just let me know.

My best,

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Customer reply replied 2 years ago
Thank you!
Business Lawyer: Joseph Scott, Attorney replied 2 years ago

Let me know if you have any other questions. If you are satisfied with my response, please rate me so I can get paid on the questions. If you need anything else, I will be happy to help out or clarify anything that wasn't clear.

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