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Old 02-20-2015, 05:34 PM   #1 (permalink)
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Join Date: Feb 2015
Posts: 1
Defective Product

Thank you in advance.

I'm a small tshirt startup in NY. I paid in full $2000 for 180 shirts to a printer to provide me blank shirts with my designs printed on them. Long story short, they've made so many delays just to start printing my shirts and made several mistakes with the printing samples causing me to reject 4 designs (out of 6) for a total of 120 reject prints. They are also charging me for extra $$$ that is totally out of the agreement and could have been avoided if they didn't make the crucial mistakes. They are making me pay, which i refused, for their very obvious, blatant mistakes. They refused to go on with production if i don't pay the extra $$$. After a long fight on who's made mistakes with what (let me know if you need further info), they've finally agreed for a refund (which for me could be a sign of admittance) but only for the prints on the 120 shirts, in other words, just a portion. I demanded a full refund because: 1) I will end up with no profit if i dont. 2) It will cost me significantly if i have another printer do a job of only 120 shirts with the remaining 4 designs to be divided, 3) besides shipping back and forth from my apt, there will be other expenses that will arise. Plus, i gave them my services too to help them out, and still did not deliver. They refuse to provide refund for the 2 designs approved and completed, plus the 180 blank shirts, etc.

My questions:

1) Is small claims my only option? I have a disability so I need assistance and prefer representation. Plus, I really want them to pay for the deliberate deceptive actions, lies, aggravation, bullying, frustration, loss of income (i have a few customers lined up), delays, time wasted, hurt they've caused.
2) If small claims is my only option, how much do you think is my claim?
3) If a lawyer can help me, can you recommend someone? I've contacted a few and have no good leeds yet.
4) Is there anyway I can report them? Who and to what extent? Precautions?
5) To what extent can i give them a bad review on websites like yelp, etc?
6) If i get a full refund, can I claim the shirts already produced? I don't want them to have any ownership of my designs/name.
7) the owner (he's the only one i'm in communication with btw) also made remarks that under this situation, he will now want me to pick-up the shirts and claim refund ONLY in person, even if shipping is an option in the contract. One of his many tactics to bully me around. And I certainly don't wanna go in there, it scares me. Thoughts?

Appreciate your help.
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Old 02-25-2015, 09:00 AM   #2 (permalink)
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Join Date: Oct 2012
Posts: 326
Your claim would be that there was a material breach of contract, which is explained in this article. http://www.legalmatch.com/law-librar...-contract.html

It appears they performed on the contract, but not what you wanted so you can have a claim. The answer to your 7 questions is below.

1)) Is small claims my only option? I have a disability so I need assistance and prefer representation. Plus, I really want them to pay for the deliberate deceptive actions, lies, aggravation, bullying, frustration, loss of income (i have a few customers lined up), delays, time wasted, hurt they've caused.

Answer:
If the original contract was for $2,000 then odds are you will not be going over the small claims limit, which in NY I believe is $7,500. You cannot obtain punitive(punishment) damages in breach of contract, but you might be able to obtain consequential damages, which would be lost sales etc. So there may be a chance of getting more than $2,000, but that is difficult. Here is an article explaining damages in contracts. http://www.legalmatch.com/law-librar...-contract.html

2) If small claims is my only option, how much do you think is my claim?

See answer above, definitely the $2,000 and possibly the consequential damages.

3) If a lawyer can help me, can you recommend someone? I've contacted a few and have no good leads yet.

If this is small claims a lawyer cannot represent you in court, but they can help you with the paperwork. You can use the New York State Bar Association or a free attorney matching service like http://www.legalmatch.com/find/new-york-lawyers.html

4) Is there anyway I can report them? Who and to what extent? Precautions?

You can report them to the New York Secretary of State if you believe they are acting fraudulently.

5) To what extent can i give them a bad review on websites like yelp, etc?

Yelp is a public forum and you have a right to post what you want. If it is untrue and harms their business the business could sue you for defamation, but if what you are saying is true then truth is a defense to defamation.

6) If i get a full refund, can I claim the shirts already produced? I don't want them to have any ownership of my designs/name.

That can be part of the lawsuit, but if you take some of their products they will likely be entitled to some compensation from you.

7) the owner (he's the only one i'm in communication with btw) also made remarks that under this situation, he will now want me to pick-up the shirts and claim refund ONLY in person, even if shipping is an option in the contract. One of his many tactics to bully me around. And I certainly don't wanna go in there, it scares me. Thoughts?

You don't have to go somewhere you don't want to. You can ship items to him and that is your legal obligation. Many people that have bad business deals do not want to meet in person after and there is no obligation to do so.

Hopefully that is helpful.
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