Hello
I run an incorporated company up in Canada (BC). I went to purchase Ad space from one of the airlines here. It was a insert to go into the magazine that is on board and put behind every seat.
We had a big conference starting on the second of the month (this is a world renown conference that drawns huge numbers of people from all over the world) so we were put into contact with company A who deals with the ads on behalf of the airlines. We told company A that if we cannot get the Ad in for the first of the month (as this is when the bulk of the people would be flying in who are attending the conference) then we do not want the ad. We were reassured that this was no problem time and time again.
We sectioned off this Ad which we were being charged X amount of dollars for and resold every spot on there for Y amount of dollars to our clients of my incorporated company. We charged more for a slot of the front of the Ad versus a slot on the back.
I flew on the first of the month and did not see the Ad on board. I asked the flight attendant and she said there was no way it will get on any flights today and the next day was unlikely as well. I asked another flight attendant the same thing only to get the same response from her as well. I was at the conference for 5 days and when coming back I saw it on board then but the Ad was inserted in the wrong way (backwards) in this magazine publication on board.
Our clients were very angry and we have had to compensate them their Y amount in the form of services from our company because everything was banking on the first of the month when the targeted audience was flying. Concept was that they take interest in any one or more of the companies and go visit them at their booth while at the conference.
I went and contacted Company A and brought this up to them. They said to provide our flight info and all that info for me and another that flew that day at two different times. I went and dug up all this info and sent it to them and then they came back to me and said "so two flights were missing it, big deal". I had others from other parts of Canada complain to me as well about this so I know that this publication did not make it on any flights on the first of the month.
For the Ad being backwards, Company A blamed the print company and the print company blames Company B. Company A is sourced out by Company B. The agreement that I signed was a one page that had Company A address, our address, the one page add specs, the price, and logo of Company A. There was no mention on this sheet of any possibility of any dates being missed in transition or anything of that sort. It did say Ad was for March 2008 (that's it, nothing more). To me this means all of March and not bits and pieces of it.
I contacted the print company and Company A about what had gone on and they both said they would get back to me. Printing company came back saying they will give 20% off print job (this is the printing company that prints this publication and referred onto us by Company A). I told them that they put a Ad in backwards in a national publication and want us to pay them money for it? I suggested they should offer compensation for this big screw up since it was determined by them that this was no fault of ours (our instructions were clear and well put).
Company A comes back to us saying they will not offer any compensation because Printing company is offering more than enough compensation to us. I said to Company A that them putting an Ad in backwards and you (company A) missing the date are not related to one another.
Then we get an invoice from Company B for X amount. Now we are being sued by Company B for this X amount in small claims.
The manager of the printing company has wrote me a long email saying that they only deal with the printing of the Ad and that insertion is done by Company B so they are owed their funds. Company B blames the printing company to me.
Pro's
- have email from printer saying it was Company B who does the insertion
- have email from our staff memeber to the printing shop with specific instruction on which is the front of the ad and which is the back and etc (this shows that we were clear in our instructions and cannot be at fault of the Ad going in backwards).
- no fine print in the one pager that i signed saying that there would be a lag in turn around time to get the publications on the flights - just said March 2008
Con's
- I don't have in writing that the first of the month was the whole purpose of the Ad (many many many verbal convo's about this but nothing concrete in writing).
- Mediator today said that in the letter from Manager of print shop, it did not say that Company B put ad in backwards but rather says they deal with it so he didn't feel it was concrete
- I do not know if compensation given to clients through services provided due to Company B negligence can be claimed for $$$ from Company B???
- For me to get further testimony from people will be hard because i will have to someone who has their flight info, proof of purchase, etc from back then. If I do find this (which i feel I can) then will a writen statement from them be good enough proof of it not being on their for the first of the month (company B claims it was on every flight on the first except the few out of Vancouver which is the one I flew on and one of my contacts)?
I am looking for guidance so any information on weather i have a case and what I should focus on in this matter would be much appreciated.
We left mediation today with them willing to take X - D amount and me countering with dropping my counter claim if they drop their X - D amount. They rejected and so we will be going to court in future. I counter sued for financial damage caused by them missing the Ad and putting it in backwards resulting in us having to compensation clients via services. They are sitting on the fact that a service was provided and since it was not in full then they will take off D amount. Any way I can get around this?
Thank You
Sandman9
I run an incorporated company up in Canada (BC). I went to purchase Ad space from one of the airlines here. It was a insert to go into the magazine that is on board and put behind every seat.
We had a big conference starting on the second of the month (this is a world renown conference that drawns huge numbers of people from all over the world) so we were put into contact with company A who deals with the ads on behalf of the airlines. We told company A that if we cannot get the Ad in for the first of the month (as this is when the bulk of the people would be flying in who are attending the conference) then we do not want the ad. We were reassured that this was no problem time and time again.
We sectioned off this Ad which we were being charged X amount of dollars for and resold every spot on there for Y amount of dollars to our clients of my incorporated company. We charged more for a slot of the front of the Ad versus a slot on the back.
I flew on the first of the month and did not see the Ad on board. I asked the flight attendant and she said there was no way it will get on any flights today and the next day was unlikely as well. I asked another flight attendant the same thing only to get the same response from her as well. I was at the conference for 5 days and when coming back I saw it on board then but the Ad was inserted in the wrong way (backwards) in this magazine publication on board.
Our clients were very angry and we have had to compensate them their Y amount in the form of services from our company because everything was banking on the first of the month when the targeted audience was flying. Concept was that they take interest in any one or more of the companies and go visit them at their booth while at the conference.
I went and contacted Company A and brought this up to them. They said to provide our flight info and all that info for me and another that flew that day at two different times. I went and dug up all this info and sent it to them and then they came back to me and said "so two flights were missing it, big deal". I had others from other parts of Canada complain to me as well about this so I know that this publication did not make it on any flights on the first of the month.
For the Ad being backwards, Company A blamed the print company and the print company blames Company B. Company A is sourced out by Company B. The agreement that I signed was a one page that had Company A address, our address, the one page add specs, the price, and logo of Company A. There was no mention on this sheet of any possibility of any dates being missed in transition or anything of that sort. It did say Ad was for March 2008 (that's it, nothing more). To me this means all of March and not bits and pieces of it.
I contacted the print company and Company A about what had gone on and they both said they would get back to me. Printing company came back saying they will give 20% off print job (this is the printing company that prints this publication and referred onto us by Company A). I told them that they put a Ad in backwards in a national publication and want us to pay them money for it? I suggested they should offer compensation for this big screw up since it was determined by them that this was no fault of ours (our instructions were clear and well put).
Company A comes back to us saying they will not offer any compensation because Printing company is offering more than enough compensation to us. I said to Company A that them putting an Ad in backwards and you (company A) missing the date are not related to one another.
Then we get an invoice from Company B for X amount. Now we are being sued by Company B for this X amount in small claims.
The manager of the printing company has wrote me a long email saying that they only deal with the printing of the Ad and that insertion is done by Company B so they are owed their funds. Company B blames the printing company to me.
Pro's
- have email from printer saying it was Company B who does the insertion
- have email from our staff memeber to the printing shop with specific instruction on which is the front of the ad and which is the back and etc (this shows that we were clear in our instructions and cannot be at fault of the Ad going in backwards).
- no fine print in the one pager that i signed saying that there would be a lag in turn around time to get the publications on the flights - just said March 2008
Con's
- I don't have in writing that the first of the month was the whole purpose of the Ad (many many many verbal convo's about this but nothing concrete in writing).
- Mediator today said that in the letter from Manager of print shop, it did not say that Company B put ad in backwards but rather says they deal with it so he didn't feel it was concrete
- I do not know if compensation given to clients through services provided due to Company B negligence can be claimed for $$$ from Company B???
- For me to get further testimony from people will be hard because i will have to someone who has their flight info, proof of purchase, etc from back then. If I do find this (which i feel I can) then will a writen statement from them be good enough proof of it not being on their for the first of the month (company B claims it was on every flight on the first except the few out of Vancouver which is the one I flew on and one of my contacts)?
I am looking for guidance so any information on weather i have a case and what I should focus on in this matter would be much appreciated.
We left mediation today with them willing to take X - D amount and me countering with dropping my counter claim if they drop their X - D amount. They rejected and so we will be going to court in future. I counter sued for financial damage caused by them missing the Ad and putting it in backwards resulting in us having to compensation clients via services. They are sitting on the fact that a service was provided and since it was not in full then they will take off D amount. Any way I can get around this?
Thank You
Sandman9
