Refund on custom furniture

[montanawoodco]

I design and build custom industrial/modern and rustic styled furniture in NJ. A few months ago my client approached me with a project that I accepted. I originally quoted him with about a months time frame for completion. He gave me a deposit and I began working on his design. Shortly after he gave me a deposit he started changing the design of the table base. The further along I got with his order, the more I realized his design wouldn't work structurally. We went through several redesign which required me to order additional materials. I kept him updated by sending many pictures. Aside from the redesigning and me having to order new materials I missed a few weeks due to illness, a few days here and there due to a bad winter and another few days due to a death in the family. To make up for my delay I took off 25% of the final price.

Now, as the project is nearly complete he is threatening to not accept the order. "Be prepared for me not to accept it" Were his words. When the whole time I kept reworking the project over and over with him. I make rustic and industrial type furniture, in this case, he ordered a steel table with tapered steel legs with 2 high back seats made from steel with tapered legs as well. He nitpicks every picture I send him, knowing that its not a finished product. For example, he will tell me that he wants the inside seat top and back rest to be polished reflective steel and the back of the seat back be rusted and worn looking. When I send him pictures of the polished seat top and inside seat back he said "it does't look rusty and you can see a line where the seat back meets the seat top." Meaning he is forgetting what he requested I do for him and is beginning to wear my patience thin.

He is scheduled to come to my shop tomorrow and view the items. My question is, if he doesn't accept it, and I refuse to give him a refund, what legal recourse does he have? Also, if he does decide to accept it but not pay me the balance due what legal recourse do I have?

 

[OHRoadwarrior]

He can sue you. Success is not likely based on your story. I would have him sign a clear rejection paper authorizing you to dispose of it by another manner and agreeing to factor the sale amount into the dispute.

 

[justalayman]

for future contracts:


get an approval of the design, as absolutely specific as you can draw and/or describe. Require all changes to be written. Include any price alterations, in writing, along with the change orders. Especially given the artistic element, you will find that your take on something does not match a purchasers understanding. Make sure the purchaser understands your take on their design and they accept it as you describe it.

if you set a hard date for delivery, expect to be held to it. Failure to deliver on time would be a breach of the terms of the contract. Depending on all the facts, it could result in you simply getting stuck with the merchandise and not able to charge the buyer anything or anything less up to and including a requirement the buyer perform as the contract requires.

If you set a soft date, make certain in your contract that there is no finite date but an approximation of time required. Plan on being called on the matter so you need to be clear that the date is an approximation and failure to meet the stated date does not invalidate the contract. Once you get into a suit involving the date, a court would look at whether your delay was reasonable or not in determining if failure to meet a proposed date had an effect on the contract.

In those change orders; if it is going to alter the time required to produce the product, include that in your signed (by the buyer) amendment.

A few months ago my client approached me with a project that I accepted. I originally quoted him with about a months time frame for completion. He gave me a deposit and I began working on his design. Shortly after he gave me a deposit he started changing the design of the table base. The further along I got with his order, the more I realized his design wouldn't work structurally. We went through several redesign which required me to order additional materials. I kept him updated by sending many pictures. Aside from the redesigning and me having to order new materials I missed a few weeks due to illness, a few days here and there due to a bad winter and another few days due to a death in the family. To make up for my delay I took off 25% of the final price.

so you doubled, or more, the time required to produce the merchandise? Did he confirm the offer of the amended contract of a 25% discount as compensation for the delay?

 

[montanawoodco]

Thanks for the response:

There was never a specific date given. He gave me a cash deposit. He confirmed the 25% discount. All of the steel used in the project had to be special ordered and cut to size by a specialty metal shop, which I explained to him. They are a metal wholesaler who also work on more industrial type projects and get around to helping me out when they have the extra time. This was explained to the client, so when he starts changing plans around after I have purchased and picked up the raw cut materials, I had to order more, which takes some time because its a busy shop. I was also working on other orders for other clients so every time he changed his mind it got pushed aside until the metal shop and I were able to get done what I needed done.

for future contracts:


get an approval of the design, as absolutely specific as you can draw and/or describe. Require all changes to be written. Include any price alterations, in writing, along with the change orders. Especially given the artistic element, you will find that your take on something does not match a purchasers understanding. Make sure the purchaser understands your take on their design and they accept it as you describe it.

if you set a hard date for delivery, expect to be held to it. Failure to deliver on time would be a breach of the terms of the contract. Depending on all the facts, it could result in you simply getting stuck with the merchandise and not able to charge the buyer anything or anything less up to and including a requirement the buyer perform as the contract requires.

If you set a soft date, make certain in your contract that there is no finite date but an approximation of time required. Plan on being called on the matter so you need to be clear that the date is an approximation and failure to meet the stated date does not invalidate the contract. Once you get into a suit involving the date, a court would look at whether your delay was reasonable or not in determining if failure to meet a proposed date had an effect on the contract.

In those change orders; if it is going to alter the time required to produce the product, include that in your signed (by the buyer) amendment.


so you doubled, or more, the time required to produce the merchandise? Did he confirm the offer of the amended contract of a 25% discount as compensation for the delay?

 

[justalayman]

it sounds like he cannot use the time delay as a reason to refuse to complete the contract.

now all you have to worry about is whether he claims it is not as described. That one is tougher since it involves artistic elements.

Hopefully the documentation you have will show he approved of the work as it was proceeding and as such, has no valid basis to refuse to complete the contract.