W
wowmom
Guest
Hello,
I entered into an agreement with a shave ice company to purchase 5 machines, accessories and 6 zip code territories that I would be the sole distributor for. I signed the agreement and we agreed (in writing) I would pay $6500 on 1/22/01 and the balance of $ 8899.00 on 1/31/01 after financing became available to me. I did not receive a signed contract back. I was turned down by the financing company and contacted the company to let them know I would not be able to complete our agreement. Yesterday I received 2 shave ice machines & accessories. Can they keep my $6500.00 as the terms of the agreement were not met? I do not want 2 machines and do not foresee financing becoming available in the next 12 months. The contract specifically states:
Minimum $500 refundable deposit required with distributor application (requires no commitment on distributors part). Upon approval 50% deposit due prior to shipment with the balance due in full upon delivery syrups and accessory packages (All payments are held in escrow account until package has been delivered in full).
The $6500.00 would have purchased a distributorship for 2 machines and zip codes. This was not my intent and the zip code selection and package selected / price is clearly stated on the contract.
How do I proceed from here?
Thanks
I entered into an agreement with a shave ice company to purchase 5 machines, accessories and 6 zip code territories that I would be the sole distributor for. I signed the agreement and we agreed (in writing) I would pay $6500 on 1/22/01 and the balance of $ 8899.00 on 1/31/01 after financing became available to me. I did not receive a signed contract back. I was turned down by the financing company and contacted the company to let them know I would not be able to complete our agreement. Yesterday I received 2 shave ice machines & accessories. Can they keep my $6500.00 as the terms of the agreement were not met? I do not want 2 machines and do not foresee financing becoming available in the next 12 months. The contract specifically states:
Minimum $500 refundable deposit required with distributor application (requires no commitment on distributors part). Upon approval 50% deposit due prior to shipment with the balance due in full upon delivery syrups and accessory packages (All payments are held in escrow account until package has been delivered in full).
The $6500.00 would have purchased a distributorship for 2 machines and zip codes. This was not my intent and the zip code selection and package selected / price is clearly stated on the contract.
How do I proceed from here?
Thanks