How do I get a vendor to deliver (aka, when is it time for small claims
October 17, 2018 6:00 PM Subscribe
I ordered a piece of professional equipment. In this field, there are three main suppliers of this particular hand-made item. All of them charge roughly the same, and though the designs differ, they’re all good and choosing which vendor to use is mostly a matter of preference (and perhaps distance.) The item costs around $6,000. With this item, you pay first, then they build it. The process usually takes around six to eight weeks..it’s now been almost 20...
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I chose the vendor that was closest to me to cut down on formidable shipping costs. I paid in advance, received an invoice and a written delivery date of 11-12 weeks. I wasn’t in a hurry, so that was fine. My order was placed on June 15, now nearly 20 weeks ago.
I received no updates, so at the end of August, I phoned, asking if there was an ETA. I was told that my order would be delivered by September 15. That date passed, and I waited another two weeks before I emailed the manufacturer, who told me that they were backlogged and that they could no longer give me a firm delivery date, and that they’d let me know when they were ready. The tone of the note felt, to me, like “don’t bother us.”
I should say that the manufacturer has a good reputation and I do believe that they will fulfill the order. Eventually. But I was hoping to ramp up my business, and need this piece of equipment to do so. It is a part-time business and I can’t say that I’m losing money by not having the equipment - only that my plans are delayed, so I’m losing potential money.
The company has no written refund, return, or any other policy related to delivery issues. In the meantime, one of the competing companies has the same item in stock and ready to be shipped. I can’t purchase that item without getting a refund on the original order.
What should I do? Though I am certain that any request for a refund will be denied, I feel like I should ask for one in writing, with a deadline (a week?) for a reply, just to give them one more chance. If the request is denied, do I have a chance in small claims court, based on the lateness of the order and the original written delivery date, which is now four weeks in the past?
One slight hitch is that this is a very small community and the manufacturer is quite beloved. I don’t know if it would be good for my reputation to play into any potential for gossip. On the other hand, I’d be delighted to receive the equipment I ordered. I only want a refund if the product really is going to be delayed more than two or three additional weeks. All I want is the equipment, I’m not interested in any compensation for loss of potential income.
So, my questions are:
1) What’s the best legal strategy in terms of my communications with the vendor.
2) Does small claims sound like a decent option?
If it’s relevant, I live in New Hampshire. The vendor is in New York City.
Thanks.
...
I chose the vendor that was closest to me to cut down on formidable shipping costs. I paid in advance, received an invoice and a written delivery date of 11-12 weeks. I wasn’t in a hurry, so that was fine. My order was placed on June 15, now nearly 20 weeks ago.
I received no updates, so at the end of August, I phoned, asking if there was an ETA. I was told that my order would be delivered by September 15. That date passed, and I waited another two weeks before I emailed the manufacturer, who told me that they were backlogged and that they could no longer give me a firm delivery date, and that they’d let me know when they were ready. The tone of the note felt, to me, like “don’t bother us.”
I should say that the manufacturer has a good reputation and I do believe that they will fulfill the order. Eventually. But I was hoping to ramp up my business, and need this piece of equipment to do so. It is a part-time business and I can’t say that I’m losing money by not having the equipment - only that my plans are delayed, so I’m losing potential money.
The company has no written refund, return, or any other policy related to delivery issues. In the meantime, one of the competing companies has the same item in stock and ready to be shipped. I can’t purchase that item without getting a refund on the original order.
What should I do? Though I am certain that any request for a refund will be denied, I feel like I should ask for one in writing, with a deadline (a week?) for a reply, just to give them one more chance. If the request is denied, do I have a chance in small claims court, based on the lateness of the order and the original written delivery date, which is now four weeks in the past?
One slight hitch is that this is a very small community and the manufacturer is quite beloved. I don’t know if it would be good for my reputation to play into any potential for gossip. On the other hand, I’d be delighted to receive the equipment I ordered. I only want a refund if the product really is going to be delayed more than two or three additional weeks. All I want is the equipment, I’m not interested in any compensation for loss of potential income.
So, my questions are:
1) What’s the best legal strategy in terms of my communications with the vendor.
2) Does small claims sound like a decent option?
If it’s relevant, I live in New Hampshire. The vendor is in New York City.
Thanks.
It sounds like you haven't asked for a refund yet. I would start with a phone call tomorrow morning, be genial on the phone, say that since they're not certain of a delivery date you need to ask for an immediate refund, and suggest you work through the process of getting the refund on the phone. If indeed they are that close to being able to ship your item (which would need to go out in the next 15 days for you to receive it in the next 3 weeks) this would be the point at which they'd be ready to make a commitment on a firm date.
You can start thinking about escalating if you don't get a prompt refund tomorrow, but you're several interactions away from small claims court from my perspective.
posted by arnicae at 6:35 PM on October 17, 2018 [8 favorites]
You can start thinking about escalating if you don't get a prompt refund tomorrow, but you're several interactions away from small claims court from my perspective.
posted by arnicae at 6:35 PM on October 17, 2018 [8 favorites]
Honestly, my guess (just a guess) is that something has happened in this vendor's life (something related to a mental health issue perhaps, although there are many things—financial, medical, family-related, whatever—it could be) that has disrupted their ability to work. They are stalling and procrastinating and probably feeling terrible about it. Also, if their business is as small as it sounds, it's possible that they no longer even have enough cash on hand to refund you, even if they want to.
That said, you have a business of your own to look after and you need this equipment in order to look after it. You have a responsibility to yourself and to your own clients, whoever they may be.
If you want to be kind, which I probably would were I in your shoes, give them a realistic deadline that assumes they haven't even started yet—something like the six to eight weeks you originally expected to wait—and let them know that if you haven't received either the item or a refund after such-and-such a date, you will, very reluctantly, have to take legal action in order to recover your money. Registered mail would be a good medium, with a copy by email. Maybe they'll get their act together and use the time to deliver your item.
If they don't though, then yeah, you might have to sue. Lame. Small claims court sounds like the right place to me.
posted by Anticipation Of A New Lover's Arrival, The at 6:36 PM on October 17, 2018 [1 favorite]
That said, you have a business of your own to look after and you need this equipment in order to look after it. You have a responsibility to yourself and to your own clients, whoever they may be.
If you want to be kind, which I probably would were I in your shoes, give them a realistic deadline that assumes they haven't even started yet—something like the six to eight weeks you originally expected to wait—and let them know that if you haven't received either the item or a refund after such-and-such a date, you will, very reluctantly, have to take legal action in order to recover your money. Registered mail would be a good medium, with a copy by email. Maybe they'll get their act together and use the time to deliver your item.
If they don't though, then yeah, you might have to sue. Lame. Small claims court sounds like the right place to me.
posted by Anticipation Of A New Lover's Arrival, The at 6:36 PM on October 17, 2018 [1 favorite]
When you call, are you speaking to an owner or operations manager? I'd call and escalate to someone with more authority and investment in reputation and find out what's going on. With this tardiness, just saying they're backed up isn't enough. If it's a small, specialized community, they'll also want to maintain their reputation. You both have incentives to keep this somewhat friendly. Find out how they'll expedite the order and if delivery isn't within what you'd consider a reasonable amount of time, ask for a full refund. Follow up with registered mail detailing the agreement you've come to.
posted by quince at 7:18 PM on October 17, 2018 [1 favorite]
posted by quince at 7:18 PM on October 17, 2018 [1 favorite]
Yes, first step is a friendly phone call. Then reassess from there. You will probably get 10x more info by phone than email.
posted by whitewall at 9:06 PM on October 17, 2018 [2 favorites]
posted by whitewall at 9:06 PM on October 17, 2018 [2 favorites]
Response by poster: Here's the follow-up. Spoke to the vendor. To their credit, they didn't give me a firm date because they didn't want to invent something, but they did explain the reasons for the delays. They also offered to throw in an add-on that I really wanted, but couldn't initially afford (it's worth about $1,500).
So, assuming the equipment gets here relatively soon, I'm good. And I did make a mistake in my original post - I did pay by credit card, not check, so I'm going to at least inform my CC company that a dispute may be in the works.
posted by soulbarn at 9:16 AM on October 18, 2018 [5 favorites]
So, assuming the equipment gets here relatively soon, I'm good. And I did make a mistake in my original post - I did pay by credit card, not check, so I'm going to at least inform my CC company that a dispute may be in the works.
posted by soulbarn at 9:16 AM on October 18, 2018 [5 favorites]
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I don’t know if this will get you anywhere in small claims court, though.
posted by expialidocious at 6:21 PM on October 17, 2018