Legal Question in Business Law in Indiana
i am a caterer. I was recently late for a wedding reception that I was catering causing the proceedings to be delayed such as the Bride and Grooms entrance etc. Also the Bride and coordinator were not satisfied with on of the side dishes and claimed my staff were not as attentive to the buffet as they should have been. they are asking for a 100% refund or they will take it to court adding court costs, leave bad reviews on Social Media, and with the Better Business Bureau. I have sent a letter of apology along with an offer of a 33% refund which they refused. The guests at the wedding ate the food provided and came back for seconds and thirds. We still provided services and I have suppliers to pay. I cannot afford nor do I have the funds to provide a total refund.
1 Answer from Attorneys
You don't owe them a total refund. The fact that think it is even appropriate to ask for one is ridiculous. I think your offer under the circumstances was fair.
Tell them that if they don't accept it, the first thing you will do if they sue is submit an "offer of judgement" to the court for the 33% refund you are offering now. Then if the court agrees with you, which they should that this was fair, the court may award you any different it cost you in out of packet expenses to have to answer the complaint and this may include attorney fees as well.
If they accept your offer, make sure they agree in writing to a non-disparagement clause as well.
If you need some help, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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