LESSONS LEARNED--GET IT IN WRITING

[swantwo]

I recently was involved in a court case whereby I did not get the "DELIVERY TERMS" that were agreed to with the dealer. They were not written in a purchase contract for some fireplace doors. However, I was able to prove to the judge that an "approximate delivery date" had been established for their installation, and the dealer did not attempt to make the date.

The dealer was Barry Rosenberg, President, Main Street Fireplace & BBQ., LLC at 2901 W. Main St., Unit A, St. Charles, IL 60175 630-444-1314. He lost this court case (07-SC-88) in the Kane County, IL Circuit Court, March 1, 2007.

His firm tried to keep the deposit when his client (me) cancelled the order -- because it was not going to be delivered on time. Main Street Fireplace & BBQ then counter sued the client (me) to obtain full payment (deposit plus remaining amount) of the total amount due when Barry cancelled the order himself with the manufacturer a week or so after the agreed delivery date. The judge threw the Main Street Fireplace & BBQ counter-suit out.

I wish only to caution all that, delivery terms need to be spelled out in writing on a purchase order before one signs an order today. I found that delivery terms can over-ride cancellation terms of a purchase order in a service contract. The day of the verbal understanding and hand shake is gone when one deals with folks like, Main Street Fireplace & BBQ. In addition, this would not have had to go court at all, if Main Street Fireplace & BBQ would have offered some compensation for not making the verbally agreed delivery terms. They refused to consider it, because they felt that their cancellation clause ruled in their purchase order.

Lessoned Learned

 

[restorer]

Just signed a work order with a long time customer. First time in over twenty years we made the job formal. Why? The last deal he made got so screwed up it cost him thousands. On legal advise, he is now requiring all deals be specific and in writing. Not that I would screw him, but that if he had to take some else to court, they couldn't use our more casual relationship as a defense for not meeting the contract. Sounds a little whacked in one way, but real solid advise in another.

 

[webbie]

It's so strange - I have almost never gotten things in writing, and almost never been bitten. In my opinion, an honest person(s) and trust is what makes the world go around. Certainly one can't be foolish, but it is the rare case in the hearth industry when folks have to look at the contract and then go to court.

However, let the buyer beware...and Keep it in Writing has a good point, especially when dealing with relatively unknown vendors.

 

[Fire Bug]

It's so strange - I have almost never gotten things in writing, and almost never been bitten. In my opinion, an honest person(s) and trust is what makes the world go around. Certainly one can't be foolish, but it is the rare case in the hearth industry when folks have to look at the contract and then go to court.

However, let the buyer beware...and Keep it in Writing has a good point, especially when dealing with relatively unknown vendors.

Bottom Line: Its a shame in today's world that honest people,(and yes there are a few left), have to suffer for the dishonest but this is today's world.
Definitely get everything spelled out in black and white and keep it with your records.
That's why we have so many slime ball attorneys makeing fortunes.

John

 

[jtp10181]

If something wasn't coming in on time and a customer wanted a full refund we would have no problem with it at all. Even if it was a special order item no one else would ever need and we cant send it back or get credit and its already on the way. We just bite the bullet, sit on it for a year and then write it off and throw it in the dumpster. That's just the cost of doing business.

 

[MrGriz]

It's unfortunate that business can't be done on a handshake and a gentleman's agreement anymore. It's gotten to the point that I even get a signature before doing work for good friends; family may be next...

 

[northwinds]

If something wasn't coming in on time and a customer wanted a full refund we would have no problem with it at all. Even if it was a special order item no one else would ever need and we cant send it back or get credit and its already on the way. We just bite the bullet, sit on it for a year and then write it off and throw it in the dumpster. That's just the cost of doing business.

Um, could you send me a pm when one of those special order isle royales ends up in the dumpster?

 

[jtp10181]

We have a cream colored Isle Royal right now that is somehow damaged. I think it has a small chip in it someplace. If you are interested in it I could get it down and see whats wrong with it. We could probably give a fairly good discount on it.

 

[northwinds]

We have a cream colored Isle Royal right now that is somehow damaged. I think it has a small chip in it someplace. If you are interested in it I could get it down and see whats wrong with it. We could probably give a fairly good discount on it.

I was just kidding. I'm probably at least 18 months before our new house is built and ready for an installation. But with the steady rain predicted over the next few days, I think I will stop down at your shop and have a look around. I've never seen the Isle Royale unit other than looking at the specs and pics.

 

[tw40x81]

family may be next…

Family can be very bad. My brother-in-law was paid in full (except a trivial amount) in 2004 to build a detached garage for me. It's still under construction. Now the town tax assessor is bothering me because it is taking so long to get the CO. My brother-in-law is also my next door neighbor. I'm such a putz. I do have paperwork and cancelled checks though.