H
Hansk
Guest
lakeland, fl. in late oct./early nov. i approached a local plastics thermoformer with the idea of forming a plastic shell of a golf putter head and filling said shell with liquid polymer and a proprietary weighting system. (putters were to be fitted with resin domed logo graphics for promotions and/or corp. gifts). having no funding of my own the thermo company agreed (verbally) to enter into a manufacturing relationship with my existing company. thermoformer was to supply parts (ie: shafts, grips, plastic formed shell, resin, etc) to construct 250 units prior to xmas 2001. my company was to conduct assembly and packaging at an agreed amount, plus i was to receive 5% royalty as inventor. i was paid $1937.00 over 4 weeks to construct the putters, yet no parts or supplies were ever ordered or provided (with the exception of 50 inferior plastic shells). i managed to complete 10 units using supplies which i had in stock and delivered them to the thermo co. with a invoice for the materials, which they paid. the original plan was to be in production by late nov. to generate quick local interest at xmas.
as of today i have been given 50 putter shafts and a barrage of phone calls over the past few days demanding i deliver 50 putters or return the shafts and the payment of $1937.00. (today i received a certified letter to that effect.) i do not feel i am obligated in any way as they failed to live up to their original terms and have not provided the agreed upon materials for construction. is the thermoformer in breach of a verbal contract of any kind? (it should be noted that i had sent several sample putters to marketing specialists who dealt with the likes of motorola, coors brewing co., to name a few, but could not commit to a production or delivery schedule due to the thermoformer's lack of fufillment, and quickly lost their interest). any response or advice pro or con would be appreciated.
as of today i have been given 50 putter shafts and a barrage of phone calls over the past few days demanding i deliver 50 putters or return the shafts and the payment of $1937.00. (today i received a certified letter to that effect.) i do not feel i am obligated in any way as they failed to live up to their original terms and have not provided the agreed upon materials for construction. is the thermoformer in breach of a verbal contract of any kind? (it should be noted that i had sent several sample putters to marketing specialists who dealt with the likes of motorola, coors brewing co., to name a few, but could not commit to a production or delivery schedule due to the thermoformer's lack of fufillment, and quickly lost their interest). any response or advice pro or con would be appreciated.
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