Defective Product

[roomie]

NY

Thank you in advance.

I'm a small tshirt startup. I paid in full $2000 for 180 shirts to a printer to provide me blank shirts with my designs printed on them. Long story short, they've made so many delays just to start printing my shirts and made several mistakes with the printing samples causing me to reject 4 designs (out of 6) for a total of 120 reject prints. They are also charging me for extra $$$ that is totally out of the agreement and could have been avoided if they didn't make the crucial mistakes. They are making me pay, which i refused, for their very obvious, blatant mistakes. They refused to go on with production if i don't pay the extra $$$. After a long fight on who's made mistakes with what (let me know if you need further info), they've finally agreed for a refund (which for me could be a sign of admittance) but only for the prints on the 120 shirts, in other words, just a portion. I demanded a full refund because: 1) I will end up with no profit if i dont. 2) It will cost me significantly if i have another printer do a job of only 120 shirts with 4 designs to be divided, 3) besides shipping back and forth from my apt, there will be other expenses that will arise. Plus, i gave them my services too to help them out, and still did not deliver. They refuse to provide refund for the 2 designs approved and completed, plus the 180 blank shirts, etc.

My questions:

1) Is small claims my only option? I have a disability so I need assistance and prefer representation. Plus, I really want them to pay for the deliberate deceptive actions, lies, aggravation, bullying, frustration, loss of income (i have a few customers lined up), delays, time wasted, hurt they've caused.
2) If small claims is my only option, how much do you think is my claim?
3) If a lawyer can help me, can you recommend someone? I've contacted a few and have no good leeds yet.
4) Is there anyway I can report them? Who and to what extent? Precautions?
5) To what extent can i give them a bad review on websites like yelp, etc?
6) If i get a full refund, can I claim the shirts already produced? I don't want them to have any ownership of my designs/name.
7) the owner (he's the only one i'm in communication with btw) also made remarks that under this situation, he will now want me to pick-up the shirts and claim refund ONLY in person, even if shipping is an option in the contract. One of his many tactics to bully me around. And I certainly don't wanna go in there, it scares me. Thoughts?

Appreciate your help.

 

[I'mTheFather]

Pick a forum to post in. Delete the threads in the others.

 

[roomie]

Pick a forum to post in. Delete the threads in the others.

you got it. sorry, first time...

 

[I'mTheFather]

you got it. sorry, first time...

Understandable.

Thanks for that. It'll save the moderator from cleaning it up.

Can you clarify? Did you take delivery of the completed/approved shirts?

 

[roomie]

Understandable.

Thanks for that. It'll save the moderator from cleaning it up.

Can you clarify? Did you take delivery of the completed/approved shirts?

All 180 shirts are still with them. Nothing has been delivered yet as they were supposed to be delivered all together.

 

[I'mTheFather]

Do you have a contract with them?

 

[roomie]

Do you have a contract with them?

yes, i do.

 

[I'mTheFather]

So, does the contract address delays or failure to complete the order?

 

[roomie]

So, does the contract address delays or failure to complete the order?

may i send you contract privately?

 

[I'mTheFather]

I'd prefer not.

As far as negative reviews, you'll have to be very careful how the review is worded. For example, you can say you weren't happy with the results, but you can't say they printed the shirts incorrectly unless you're willing to be sued.

For $2000, you would likely spend much more than that in attorneys fees.

I think it will be difficult to get out of buying the correctly printed and approved shirts. Since they don't agree that they made any mistakes, the partial refund may be the best you'll get.

Others will weigh in, so check back later or tomorrow.

 

[roomie]

may i send you contract privately?

I reread our Terms and Agreement contract and the below are the closest to the ones you're pertaining. Not sure if they relate, sorry...

PRIVATE LABEL TURNAROUND TIME: Jobs which include Novelty printing, Re-labeling, Poly bagging Special instructions or/and Water base Printing 7-10 BUSINESS DAYS FOR A SAMPLE proof from customer Spec Sheet Approvals 14-21 BUSINESS DAYS FOR PRODUCTION TIME from Customer Approval.**NOTE: ALL JOBS WILL BE COMPLETED AFTER 5:00PM END OF DAY ON DEADLINE DATED, UNLESS NOTIFIED OTHERWISE BY XXX. Example- If job due date is on Friday, job will be completed at the end of the business day Friday after 5:00pm. Due to the CUSTOM NATURE of our company services, certain jobs may exceed the deadline date in order to maintain the quality of the job. However, there are NO DISCOUNTS for jobs exceeding deadline due dates because of un-foreseen Job Completion and/or lack of customer details provide/ Lack of Customer communication during the production process. In the event that we are not able to fulfill your order due a natural disaster, terrorist attack, or any other circumstances beyond our control, there are no cash refunds only credit to your account.

14-RETURNS/ REFUNDS POLICY: ORDERS THAT ARE NOT IN COMPLIANCE WITH OUR SALES ORDER FOR CONTRACT AFTER SAMPLE APPROVAL WILL BE CREDITED TO YOUR ACCOUNT.THERE ARE NO CASH REFUNDS. ONLY CREDIT APPLIED TO YOUR ACCOUNT. In the event that we are not able to fulfill your order due to a natural disaster, terrorist attack, or any other circumstances beyond our control,there are NO CASH REFUNDS, only credits to your customer account.

17-Entire Agreement: This Agreement constitutes the entire understanding of the parties relating to the subject agreements and understandings, whether oral or written, relating to the subject matter thereof and supersedes all prior agreements between you and XXX failure to XXX to enforce any provision of this agreement shall not be construed as a waiver of any provision or right.

 

[roomie]

I'd prefer not.

As far as negative reviews, you'll have to be very careful how the review is worded. For example, you can say you weren't happy with the results, but you can't say they printed the shirts incorrectly unless you're willing to be sued.

For $2000, you would likely spend much more than that in attorneys fees.

I think it will be difficult to get out of buying the correctly printed and approved shirts. Since they don't agree that they made any mistakes, the partial refund may be the best you'll get.

Others will weigh in, so check back later or tomorrow.

there must be some kind of retribution for the damage, mistakes, sloppy work and all around deceptive actions they've done and for the substantial cost that will arise in the future?

 

[I'mTheFather]

I don't think so, and I think what you've posted of the contract makes you even luckier to get a partial refund. But, others will reply, so wait on that.

 

[roomie]

I don't think so, and I think what you've posted of the contract makes you even luckier to get a partial refund. But, others will reply, so wait on that.

Thank you very much.

 

[quincy]

NY

... they've made so many delays just to start printing my shirts and made several mistakes with the printing samples causing me to reject 4 designs (out of 6) for a total of 120 reject prints. ... they've finally agreed for a refund (which for me could be a sign of admittance) but only for the prints on the 120 shirts ... They refuse to provide refund for the 2 designs approved and completed, plus the 180 blank shirts, etc.

My questions:

1) Is small claims my only option? I have a disability so I need assistance and prefer representation. Plus, I really want them to pay for the deliberate deceptive actions, lies, aggravation, bullying, frustration, loss of income (i have a few customers lined up), delays, time wasted, hurt they've caused.
2) If small claims is my only option, how much do you think is my claim?
3) If a lawyer can help me, can you recommend someone? I've contacted a few and have no good leeds yet.
4) Is there anyway I can report them? Who and to what extent? Precautions?
5) To what extent can i give them a bad review on websites like yelp, etc?
6) If i get a full refund, can I claim the shirts already produced? I don't want them to have any ownership of my designs/name.
7) the owner (he's the only one i'm in communication with btw) also made remarks that under this situation, he will now want me to pick-up the shirts and claim refund ONLY in person, even if shipping is an option in the contract. One of his many tactics to bully me around. And I certainly don't wanna go in there, it scares me. Thoughts?

Appreciate your help.

First, I will assume that there has been no "natural disaster, terrorist attack or any other circumstances" beyond the company's control that would prevent the company from issuing a cash refund.

What sort of mistakes are you claiming the company made that led to you rejecting 4 designs out of 6 (for a total of 120 rejected prints)?

I do not see how you can expect a refund for the 2 designs approved and completed. It sounds as if you might be thinking you can collect not only for the entire order placed with the company (the approved and completed designs and the designs under dispute) but also for your loss of profit and time, and for your frustration and aggravation, and for feeling bullied. I suggest you scale back a bit on your expectations. You can potentially get a partial refund for the work not completed (or completed to your satisfaction). Collecting on anything else does not seem to be within the realm of possibility, based on what you have stated here.

I do not recommend giving the company a bad review on Yelp or elsewhere. Posting a review may make you feel better temporarily but it stands to accomplish little and, if the review is not very carefully worded, you put yourself at risk of a lawsuit.

I am not going to comment on the contract terms you quoted because the contract needs to be personally reviewed in its entirety by a professional in your area. You might want to sit down with an attorney if you feel you are entitled to a full cash refund and are thinking of taking the company to court. You can contact the state Bar Association for attorneys in your area or perhaps there is a legal aid clinic in your area where, for no or low cost, you can have someone take a look at the contract, go over the facts with you, and provide an opinion.