We had a contract to manufacture custom awning covers for a residence, we deliver the awning covers a week after the delivery day stated in the contract (Delivery date was 6/7). We received a phone call from our customer a few days before letting us know that he would be away the date of the deliver (6/7), So we moved the delivery date to the next business day, Monday. Monday came and he didn't want us to deliver the awnings because it was raining and he wanted to inspect each awning so we reschedule for Wednesday (because Tue was also a raining day) We let him know that we were very busy that week and were unable to deliver on Wednesday so we deliver the awnings on our next available date which it was on a Saturday, June 15 (8 days later). The day of the deliver everything was going well. The customer started inspecting the new covers one by one and and getting his old hardware into the new covers. This process took about an hour. After expressing that he was happy with the new covers I proceed to asking for the balance owe, which it was the other 50% of the total contract. The customer then demanded for a discount because he claimed we were late delivering his awning covers, and then started complaining about something in the covers (special thread we attached in the covers to whole pulleys, hardware to make window awnings retractable) He claimed that he might need to buy and replaced the thread in 5 years, I assured him that the thread was very secure and I even offered to give him a new roll of the special thread which he refused because he wanted to get it himself. Prior to signing the contract we gave this customer a good discount and I felt he wanted to take advantages of our small business because he didn't wanted to pay the full amount owe. He told me he wouldn't keep the awnings if I didn't give him a discount. I left his residence with the awning covers. I sent him a letter the stated... "....If you do not pickup the covers by July 1, Eco Awnings will consider your actions to mean that you have no intention of picking up the covers and will be forced to bill you for costs and damages incurred by the manufacture of your awnings, including labor. Eco Awnings will also be forced to auction off the covers to offset costs and damages incurred by your refusal to pay.... We still have the covers because we can't sell them since they are customize for his hardware and the color matches his residence.
1 Answer from Attorneys
You need a lawyer to sue this customer for you. Call me and I will assist. I have been handling this kind of lawsuit for many years.
Robert Davies, Attorney
201 820 3460
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