lilmonster
Junior Member
What is the name of your state (only U.S. law)? California:
I sell restaurant equipment and supplies, I had a customer purchase 5 ea. yogurt machines at about $13,900. These are special order items and cannot be refunded. When the contract was signed it was for air-cooled units under the 208-203v/60/1 electric. The customer later told me they wanted water-cooled units, I was able to change this with the manufacturer but the contract was never updated. I ordered the water-cooled units 208-230v/60/1 unit. The customer paid me the balance in full with a check on March 3, 2009. I deposited the Check March 4, 2009. They received the 5 units on March 5th, 2009 but said the electrical was wrong, they wanted three-phase (208-230v/60/3 instead). The electrical cannot be re-wired for three-phase, and the units are not refundable per the manufacture. The units were delivered directly to the customer and are in their posession but they have stopped payment on the check and now I'm out close to $70k. They stopped payment on all checks written to me including services outside of the units, plans that were drawn and other equipment they received. What can I do to collect?
I have worked with the customer for solutions they can re-wire the electrical to be compatible with the units they received, I can sell the units for them on consignment and pay them back if/when the units sell. They want me to get them brand new units and take back the old ones.
I sell restaurant equipment and supplies, I had a customer purchase 5 ea. yogurt machines at about $13,900. These are special order items and cannot be refunded. When the contract was signed it was for air-cooled units under the 208-203v/60/1 electric. The customer later told me they wanted water-cooled units, I was able to change this with the manufacturer but the contract was never updated. I ordered the water-cooled units 208-230v/60/1 unit. The customer paid me the balance in full with a check on March 3, 2009. I deposited the Check March 4, 2009. They received the 5 units on March 5th, 2009 but said the electrical was wrong, they wanted three-phase (208-230v/60/3 instead). The electrical cannot be re-wired for three-phase, and the units are not refundable per the manufacture. The units were delivered directly to the customer and are in their posession but they have stopped payment on the check and now I'm out close to $70k. They stopped payment on all checks written to me including services outside of the units, plans that were drawn and other equipment they received. What can I do to collect?
I have worked with the customer for solutions they can re-wire the electrical to be compatible with the units they received, I can sell the units for them on consignment and pay them back if/when the units sell. They want me to get them brand new units and take back the old ones.
