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collecting a debt

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guvmentmule

Guest
Hello, I was asked to provide (build) 4 computers for a local daycare center, and was told to supply the companies payroll dept, with my tax i.d.# so that I could be given a vendors i.d.#, I provided the tax# and built the computers, installed them and gave the manager a "30 day no risk money back gaurantee" after not recieving payment for a month I call the manager and am told that " corporate" wants me to come pick up the computers because she was not authorized to order the computers and they do not want to send payment for unauthorized work. I have signed reciepts signed by the manger and have sent a certified letter asking for payment and stating if i do not recieve payment i will be taking them to small claims court, am i going by this the right way?
 


T

Third Party

Guest
Hmm...

You said a "month"... Was it 30 days or not? Did they wish to have them returned within the 30 days? Or did a problem arise within that 30 days where they wished to return them?
 
G

guvmentmule

Guest
debt collection

the warranty is for 30 days just like any other 30 or one month warranty for the computers operating system and hardware,for normal wear and tear and it is stated on the recieprts" not fot the return of the machines. thanks for repling so fast by the way.
 

JETX

Senior Member
Sorry, but unless you have some exclusions to your "30 day no risk money back gaurantee", you are stuck. By stating that it is 'no risk', it can very easily be interpreted to mean "If you are not 100% fully and completely satisfied with your purchase, simply return it to us for a prompt replacement, or a refund of your purchase price." Would it make much more reason to you if they asked for a refund 'because we don't like the sound of the keys when we press them'?? The principle is the same. You offered a NO RISK, money back guarantee.

Some random thoughts:
1) Tell us the full EXACT wording of the guarantee that you offered and where it is noted (brochure, presentation, handout, etc.).
2) Tell us the full EXACT wording of any exlusions or modifications to this 'guarantee' and where they are located.
NOTE: If one place says "30 day no risk money back gaurantee", you cannot modify it by putting exlusions elsewhere (on the receipt that the customer doesn't see until after the committment for sale).
3) Who (title and position) was the person who placed the order for the day care??
4) Is this day care an independent company or a part of a chain??
5) Did the person placing the order tell you that he/she was authorized by 'the owner' to place orders for equipment?
6) Were you made aware that the day care did NOT have authority to place the order?

Though I personally feel that you have little or no legal basis for refusing their refund request, the answers to the above questions could affect your possible outcome.

Also, I would suggest that, in the future, you make the authorized person sign all documents (orders, delivery, amendments, etc.), including a statement that they have the authority to do so.

Finally, if your guarantee does indeed have limitations, you can't call it a 'no risk' guarantee.
 

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