custom tailored products, failure to pay

[barth71]

What is the name of your state (only U.S. law)? Texas

My wife owns a shop that manufactures custom-tailored furniture slipcovers. Each slipcover is one-of-a-kind, tailored to the requirements of the customer and to the unique measurements of each piece of furniture.

She recently made a slipcover for someone who told her, "I can't pay for it." He had never seen (and still has not seen) the slipcover, and he knew the cost, up-front.

The slipcover, by itself, is worthless without this specific piece of furniture. Can she notify the customer that she intends to sell the furniture, with the slipcover, to recover her costs? If the customer attempts to retrieve the furniture and demands that the slipcover be removed, should she comply? Is her only option small claims court?

Many thanks for your reply.

 

[justalayman]

What does any contract or agreement say to the situation?

 

[barth71]

The agreement was verbal only: the manufacturer agreed to purchase the materials to complete the work and to actually perform the work; the customer agreed to pay upon completion of the work. (Normally, she requires a deposit for this type of job, but she was not present when the order was taken.)

 

[justalayman]

the manufacturer agreed to purchase the materials to complete the work and to actually perform the work

the manufacturer? Was this some sort of warranty issue?

can you explain just what a slip cover is as well. What I know as a slip cover is more or less, a tailored bag (I know, pretty poor description) that it placed over an already upholstered piece of furniture.

 

[barth71]

This is not a warranty issue. This is not a customer satisfaction issue (he has not seen the finished item).

A tailored furniture slipcover is much like a man's custom-made suit, only for a piece of furniture (over-sized club chair, in this case) instead of a human being. The customer brought in the furniture, ordered the slipcover, the slipcover was manufactured to the customer's specifications, and the customer declared that he could not pay for it. He knew the cost when he placed the order. The furniture, with slipcover, now resides in the manufacturer's workshop (my wife's business).

 

[justalayman]

she cannot sell the chair unless/until it may have been left there long enough to be considered to be abandoned. She would then be required to abide by the states laws in dealing with abandoned property (haven't looked to see what she might be able to there).

She has a claim to the price of the cover, of course.

I would suggest she does not have to remove the cover as long as installing it was part of the contract. If the cover comes off readily without any deconstruction, I would think the customer could remove it without damaging it and leave it at the shop. Not sure I would want him to as if it is damaged, it tosses complexity into the issue.


The only question I cannot give a definitive answer to is: can she retain the chair if the customer refuses to pay. I suspect the answer is no. In itself, it is not part of the contract and as such, she would have no right to hold it ransom.

Her recourse would be to sue the customer for the payment for the product.

 

[barth71]

Thank you, justalayman. Those were my thoughts, but, of course, my wife wanted to hear otherwise (she sewed the slipcover herself). I expect we'll have to sue in small claims court, unless the customer comes up with the amount due.