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I am a small business owner who placed an order for apparel…

I am a small...

I am a small business owner who placed an order for apparel with our logo on it on Jan 1. The order was promised to be complete in two weeks time. The vendor claimed there were shipping delays on some of the items that was not communicated to me until I repeatedly asked what the status was and why the delays. Then he changed my logo without getting permission, and had to reorder hats. After corresponding with him and expressing how the delays were not only unacceptable and of no fault of my own he has now filed a complaint with the small claims court for full payment of the invoice. The invoice was issued on Jan 22 with a 30-day payment term. These apparel items were sold in a pre-sale format. Customer placed order with me and paid up front with fulfillment when minimum quantities are met and inventory received from vendor. The order took so long to complete (it is still incomplete) that every pre-sale requested a refund, which I honored. This fact was communicated to the vendor. I initially asked that the invoice be revised to reflect a discount for the hats, since I should not be responsible for their mistake. Then three days later I sent a letter formally requesting to cancel the order since they did not honor their deadline agreement. That’s when he filed the small claims complaint. I emailed him agreeing to pay for the work that has been completed, but not for work that hasn’t been done. What are my options here?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

Alabama. The email correspondence and order was placed on Jan 1. He acknowledged the order on Jan 3. He did not invoice me until Jan 22. The invoice was revised on feb 26

Lawyer's Assistant: Has anything been filed or reported?

He claims that he filed the claim Tuesday and that he had 48 hours to retract it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma’am. Other than this vendor told me via text on two different occasions that I could come pick the order up all the while the work had not been done

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Customer reply replied 4 months ago
If the invoice was revised, would the payment terms change? For example, it was revised feb 26th. So would the due date then be 30 days later?
Answered in 9 minutes by:
3/8/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,008
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to answer the suit and you need to file your own small claims suit against him for breach of contract for his negligence in the work he performed and for failing to perform the work he agreed to perform and you need to seek damages from him for all the losses YOU have incurred because he failed to deliver what he agreed to deliver.

So, you have a breach of contract claim against the company and you need to go to small claims court and file your own suit against them and file an answer to their suit generally denying all of their claims.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
He is claiming that because I asked them to revise the invoice reflecting a discount that I in fact was agreeing to Pay.

Thank you for your reply.

That is not true, you are not agreeing to pay nor liable to pay for work not completed or received. You have a claim against them for their negligent work and failure to deliver.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Okay thank you. One final question, if the revised invoice he sent has feb 26 as the invoice date, would that not make the 30-day terms fall due in March 26th? And if so that means he has no grounds to file the claim if his complaint is deliquent invoice, right?

Thank you for your reply.

If the invoice says 30 days net and it is dated 2/26, that is when the 30 days starts and it means his suit is also premature in addition to a breach of contract with you

Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,008
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
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