The fact that he says it was late clearly demonstrates that there was some kind of promised completion date, otherwise it wouldn't be late. And as I mentioned before, how long it was supposed to take isn't really important anyway. What is important is how long past the due date it is, although how late it is compared to how long it was supposed to take does make a small difference (like eight months late when it was promised for ten years is not quite as bad as eight months late when it was promised for one year although neither are acceptable).
All that being said, I just went back and reread the first post and there is a little ambiguity there. The way I first read it, and the way it still sounds like it probably means, is that it is eight months past the due date. But there is a chance that what he was trying to say was that it was late and past due date and finally after eight months from the order date is when he got fed up and wanted the refund. Like an example of that would be that the cue was promised to be delivered in four months, and it wasn't and then he got nothing but excuses for another four months before he finally got fed up. It that case it was eight months after the order date, but only four months late.
Like I said I think he meant eight months late, and either way it probably doesn't matter. Once you are real late the buyer is entitled to a full refund. It would be nice if the OP would come back and clear up the confusion though and tell us for sure how late it actually was, and maybe how long it was supposed to take since that might make a tiny bit of difference.
As for a restocking fee, you have to have taken delivery of the item and then returned it for it to need to be restocked. The buyer never even got his item (which is the whole problem) much less returned it. There is nothing to restock. Also the reason for the return has to be the buyers fault and cannot be the sellers fault. Like maybe you ordered a shirt from online and when it came it didn't fit, or you just changed your mind. Well that isn't the seller's fault so there might be a restocking fee. But say you ordered the shirt in blue but they sent a red one so you return it. Well that isn't the buyer's fault, he didn't get what he paid for, so no restocking fee. Or what if they never did send your blue shirt and after months of waiting for it you finally tell them to just forget it, you don't want it any more. Should you pay a restocking fee on the blue shirt they never did send? Of course not. And here the buyer didn't get X cue by Y date that he paid for either and it wasn't his fault, it was the seller's fault. No restocking fee.
A cue maker can't deliver a cue within 10 months of a promised date despite being fully pre-paid, repeatedly misses new deadlines and keeps a portion of the deposit when the customer decides enough is enough and cancel the contract.
Judgement to plaintiff, breach of contract due to failure to perform, $900 plus interest and legal fees. Case closed.
Case closed?... Far from it Chris
Sure the plantiff wins.... Now try and collect.
Once the judgement is awarded the judge will give the looser so long to pay it off. If they dont meet that time frame the winner must go back to court and file a writ with the court to either garnish their wages, their bank account, or even put a lean on any real estate they own to recover your damages eventually when that property sells... If they dont have a job, bank account, or own any property, you're SOL.
Infact I would love to hear more about the cue and the design cause I'd be interested in having it finished myself ,,
1
a few observations/opinions from an infrequently sane person (me).
I lean toward this deal being between the op (and not "a friend") and a guy named Bernie because in the first post the op wrote the reason he didn't get a full refund was "he said I cancelled the order".
There is a legal maxim that refers to "dirty hands" that may apply in this case. If the buyer of the cue knew this Bernie fellow was taking orders or making cues without Tony's blessing (assuming any of this even happened at BB shop) then the buyer also has "dirty hands" so the court is not going to provide any relief - or in this case, AZB shouldn't look to help or sympathize either. This hasn't been determined yet, one way or another.
If Bernie does, in fact, work at BB shop and did have Tony's okay to make and sell cues, and if he did not complete the cue and it's 8 months overdue then unless there was some written agreement specifying a loss of deposit, etc., I think the buyer deserves a *full* refund.
And, if this negative bs is running alongside of Tony's generosity in mentoring Bernie at his shop, it once again proves the old adage that "no good deed goes unpunished".
best,
brian kc
Bingo
we have a winner!!!
now how do we prevent Tony from getting punished for his good deed???
KD
Bingo
we have a winner!!!
now how do we prevent Tony from getting punished for his good deed???
KD
KD, is this guy your best friend or a good friend? I like some of his shaft wood. Should the OP's friend get a full refund?
What to do when a cue maker doesn't live up to his promise? Keeps making excuses why the cue wasn't done. After 8 months , agreed to refund the money but only refunded $1200 of the $2100. Claims the rest was a down payment and refuses to refund it. His excuse was I cancelled the order after all the broken promises.
Allen,
I do not know the full story! I can only give my opinion and I know the guy and can not say my opinion is unbiased!
If the cue was ready or near ready and Bernard sold the cue to refund the money then in that scenario a full refund may not be appropriate!!!
Vs.
Cue never started and no work done and after the deadline says "refund" then yes a full refund is appropriate!!!
Given the knowledge about health issues and the cue being a side job! I would expect "ALOT" more latitude and understanding regarding the timeline and "estimate" not try to weasle out of the deal on the grounds that some estimated completion date was not meet!!!
Kd
Call Tony up and tell him to start reading and let him sort it out himself.
That could result in him saying "This is more headache then it is worth" Bernie loses!Tony loses! the cue world loses as a result of the knowledge not being passed down from generation to generation!!!
Funny thing is how "VOCAL" bernie is about protecting TONY and Black Boar!!! With all potential customers!!! How else do I have pictures of his cues to post up??? Because, I spoke to him about building a cue! So, I know that he goes over things with all customers to prevent any "Threats" like this to his business relationship with Black Boar and Tony!!!
1st sign of financial trouble with this buyer and Bernie refunds what he can get for the cue and I am certain he would have preferred to give the cue instead of the money! Now, because the amount is $900 less the guy or his friend thinks it is cool to throw bernie and tony under the bus with this smear thread!
This thread is not about applying pressure for the refund. Its about ruining the relationship and business agreement. So, lets not lose sight of what this is about!!!
KD
That could result in him saying "This is more headache then it is worth" Bernie loses!Tony loses! the cue world loses as a result of the knowledge not being passed down from generation to generation!!!
Funny thing is how "VOCAL" bernie is about protecting TONY and Black Boar!!! With all potential customers!!! How else do I have pictures of his cues to post up??? Because, I spoke to him about building a cue! So, I know that he goes over things with all customers to prevent any "Threats" like this to his business relationship with Black Boar and Tony!!!
1st sign of financial trouble with this buyer and Bernie refunds what he can get for the cue and I am certain he would have preferred to give the cue instead of the money! Now, because the amount is $900 less the guy or his friend thinks it is cool to throw bernie and tony under the bus with this smear thread!
This thread is not about applying pressure for the refund. Its about ruining the relationship and business agreement. So, lets not lose sight of what this is about!!!
KD
Have you ever played with any of his cues? They look pretty good.
It was a heavy set Pacific island girl, maybe Hawaiian & a black girl. Didn't catch their names. This was almost a year ago anyway right after I got back into the game. Bobby Hawk steered me there to put me on this guy Jimbo. I've only been in there once or twice since then, place is kind of run down with these ancient Brunswick home tables with the deepest pocket shelves I'd ever seen on a table. I don't normally butt into other people's business but I just hated to see these two getting conned so we exposed him & chased him off.