we've been ripped off

stu7

Free Member
May 16, 2005
2
0
Hi, We run a small home run business, and have recently had a problem with a supplier. We needed to produce some dvd's, the main criterea was that the print on the face of the dvd was of high quality - they said they could do this, and we paid in advance due to the urgency of the job. After a few days of them trying to acheive the desired results, we realised that they could'nt, as all samples we're rejected by our clients. We asked for the money to be refunded, and they offered us half of the money back.
with this statement.
"we reserve the right to claim any and all costs if a continuation of this issue is brought about"
Which basically means that we can't negotiate, and are bullied into loosing
the money we paid if we try, without receiving any product (dvd's) off them.
Can somebody please advise me as I'm noy sure what to do next (other than scream at them).
Many Thanks
Stu
 

bwglaw

Free Member
Apr 8, 2005
4,567
242
Richmond, Surrey
I am not able to fully analyise and advise on this matter without doing an assessment of all correspondence, contracts etc. Whether you are entitled to a full refund depends on the agreement between you and the supplier.

The statement they have issued to you with a partial refund does not appear to be a valid one. I am not sure what they (supplier) are entitled to if they have not honoured their side of the contract or have not provided you with a satisfactory service of what was agreed. Again, I would need to see the specification, contract etc. However, I am not sure whether they are entitled to retain the DVD's - who is the author of the DVD's, did the supplier just label them?, etc

I would also assess whether the standard of the work they have done is an express or implied requirement of the contract. I would also need to look at why the client rejected the work and whether their rejection was a valid one (this would depend on your agreement with the client)

If you would like me to look into the matter for you please email me direct at [email protected]



stu7 said:
Hi, We run a small home run business, and have recently had a problem with a supplier. We needed to produce some dvd's, the main criterea was that the print on the face of the dvd was of high quality - they said they could do this, and we paid in advance due to the urgency of the job. After a few days of them trying to acheive the desired results, we realised that they could'nt, as all samples we're rejected by our clients. We asked for the money to be refunded, and they offered us half of the money back.
with this statement.
"we reserve the right to claim any and all costs if a continuation of this issue is brought about"
Which basically means that we can't negotiate, and are bullied into loosing
the money we paid if we try, without receiving any product (dvd's) off them.
Can somebody please advise me as I'm noy sure what to do next (other than scream at them).
Many Thanks
Stu
 
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