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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can I refuse to pay an invoice based on poor service?

Resolved Question:

Can I refuse to pay an invoice based on poor service?
Submitted: 5 years ago.
Category: Canada Law
Expert:  Debra replied 5 years ago.

Debra Thal (username) :

You can refuse but you could also be sued.

Debra Thal (username) :

What are the facts and what is your province please?

Customer:

I purchased 3000 printed books from a company in ontario. I paid a surcharge to rush ship 1000 of them. when the 1000 arrived 250 of them were damaged due to poor packaging and they were a week later than expected. The second shipment of 2000 books was over a month later than promised and I lost over $3000 in revenue due to that.

Customer:

The amount that I am still owing is only for the rush charges and the shipping, not the actual products - I have paid for the books.

Customer:

They also misrepresented the fact that the books would be printed offshore, and gave me wrong information that caused a 10 day delay in customs. My business is in BC

Debra Thal (username) :

It sounds to me that they may owe you money rather than you owing them anything.

Debra Thal (username) :

If they sue you it will be in Small Claims Court.

Debra Thal (username) :

You could easily defend and this and could counter-claim at the same time.

Debra Thal (username) :

You could self-represent and if you find you need some help you can post on this site again and I can assist you

Customer:

Thanks!

Customer:

They did replace the damaged books but it took a month to do it. I also asked them about pro-rating the rush charge to the amount of books I actually did receive and they refused.

Customer:

The amount I owe them is $2000

Customer:

I feel comfortable refusing if it is just small claims. Thanks

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