G
get2it1
Guest
What is the name of your state? Michigan
Issue: Libel
Background Facts: Our small business sold product to a business outside the U.S.
That company purchased on terms of NET1 with 50% wired prior to shipment. We received wire and sent product based upon a Faxed PO number only, no specifications or description were provided on the PO. They received product but did not submit the remaining 50% due because their customer wasn't sure they wanted it. We offered to provide a refund via escrow to assure them they would have their refund if they returned product less a restocking fee, which was 2.5% less than normal industry charges.
They delayed until eight days after receipt and finally opened the shipment to say the product was different from what was ordered. They then demanded we ship additional components or we would not see any more money. Our own vendor documents show the product was as promised, including verification of Serial Numbers. There was a "mexican stand-off." We offered a complete, 100% refund, plus any incidental fees that would be charged via escrow.com to return their funds. They refused and demanded additional components. Here's the facts that matter: They were asked to provide a written description of their demands, but refused. They wouldn't return product, because they didn't want to disappoint their customer, so they were trying to talk them into taking the product that was shipped. But they wouldn't forward, via email, or FAX their demands. They were holding our equipment and wouldn't pay the balance or convey their demands in writing.
An officer of our company, was having a casual conversation with a member of the FBI, (We are involved with security issues and the Internet) and mentioned the dilema in passing.
This same company officer posted a notice on an industry posting site, where members buy and sell equipment, asking for information about this particular company, and then stating that we had not received payment for the equipment and considered the components to be stolen. The serial numbers where also listed.
Question: The company claims it has been damaged by this posting and has hired a US firm to pursue litigation. What is our defense? Is there a problem with stating we have not been paid and consider the equipment stolen when we had received a 50% payment? What are the questions for the court to demonstrate libel?
Thanks in advance - I know the facts are lengthy and not always relevant but I wanted to err on the side of detail since this board is as much for entertainment as education. Any information would be greatly appreciated. We don't have alot of resources as a very small operation to spend on attorney fees until an actual filing takes place.
Issue: Libel
Background Facts: Our small business sold product to a business outside the U.S.
That company purchased on terms of NET1 with 50% wired prior to shipment. We received wire and sent product based upon a Faxed PO number only, no specifications or description were provided on the PO. They received product but did not submit the remaining 50% due because their customer wasn't sure they wanted it. We offered to provide a refund via escrow to assure them they would have their refund if they returned product less a restocking fee, which was 2.5% less than normal industry charges.
They delayed until eight days after receipt and finally opened the shipment to say the product was different from what was ordered. They then demanded we ship additional components or we would not see any more money. Our own vendor documents show the product was as promised, including verification of Serial Numbers. There was a "mexican stand-off." We offered a complete, 100% refund, plus any incidental fees that would be charged via escrow.com to return their funds. They refused and demanded additional components. Here's the facts that matter: They were asked to provide a written description of their demands, but refused. They wouldn't return product, because they didn't want to disappoint their customer, so they were trying to talk them into taking the product that was shipped. But they wouldn't forward, via email, or FAX their demands. They were holding our equipment and wouldn't pay the balance or convey their demands in writing.
An officer of our company, was having a casual conversation with a member of the FBI, (We are involved with security issues and the Internet) and mentioned the dilema in passing.
This same company officer posted a notice on an industry posting site, where members buy and sell equipment, asking for information about this particular company, and then stating that we had not received payment for the equipment and considered the components to be stolen. The serial numbers where also listed.
Question: The company claims it has been damaged by this posting and has hired a US firm to pursue litigation. What is our defense? Is there a problem with stating we have not been paid and consider the equipment stolen when we had received a 50% payment? What are the questions for the court to demonstrate libel?
Thanks in advance - I know the facts are lengthy and not always relevant but I wanted to err on the side of detail since this board is as much for entertainment as education. Any information would be greatly appreciated. We don't have alot of resources as a very small operation to spend on attorney fees until an actual filing takes place.