Another what would you do scenario

[Malkin]

+1 for restocking fee & hours worked.
Refund the difference, but only to the business that issued the check.

May want to check with your bank as to how long to wait to be 100% sure that the original check is ok.

Next time this wholesale customer wants to do any business with you, have a nice little sit down and explain to them how things work.

 

[dwt]

only to the business that issued the check.

 

[G-Artist]

We have dumped two "agencies" over the past 10 or so years because they never wanted to take responsibility for their screwups.

That and they always passed the buck by telling their end client it was us (or another shop) who made the error(s).

I won't tell you of the wars that has started but in one case we are still here and the agency is not.

Bottom line is your agency, like most, is sleazy and will not admit liability.

Don't refund a penny to anyone. Let those who seek their money back come by and have a face-to-face. And have them tell you, precisely, why you should. Then explain what you have stated here and quiz them as to how you have any sort of culpability and as far as you are concerned the job is still pending and you are anxious to finish it.

Let them rant and rave...sit back and listen. Be gentle but firm. Folks need to vent. Let that happen and let it roll off your back. Pretend to be a good listener. In the end you just might have gained a new direct client and cut out the idiot who caused you all the grief.

 

[Fatboy]

We have dumped two "agencies" over the past 10 or so years because they never wanted to take responsibility for their screwups.

That and they always passed the buck by telling their end client it was us (or another shop) who made the error(s).

I won't tell you of the wars that has started but in one case we are still here and the agency is not.

Bottom line is your agency, like most, is sleazy and will not admit liability.

Don't refund a penny to anyone. Let those who seek their money back come by and have a face-to-face. And have them tell you, precisely, why you should. Then explain what you have stated here and quiz them as to how you have any sort of culpability and as far as you are concerned the job is still pending and you are anxious to finish it.

Let them rant and rave...sit back and listen. Be gentle but firm. Folks need to vent. Let that happen and let it roll off your back. Pretend to be a good listener. In the end you just might have gained a new direct client and cut out the idiot who caused you all the grief.

Good point

 

[G-Artist]

As luck would have it, I just spent the past few hours catching up on my required reading.

One tome I read (a few chapters of) was a law book geared to folks seeking their MBA.

All about contract law ( I hate contract law as I had to sit through hours of UCC law...boring...lol) and from what I read you are in the catbird seat. Too detailed to go into much here.

However, here is a tidbit that I wish to pass on to everyone.

Any contract or agreement where the value of goods or services is over $500 MUST be in writing to be valid.

That said, that is a law I ignore because there is case law on that matter. Delving into my memory and not citing any particular authority the cases that we rely on stated, in essence, that if the job is specific for a customer (custom) that law doesn't apply.

Hypothetical: If I contracted to make over $500 or more in signs that merely read "No Trespassing Violators Will Be Prosecuted" I'd need a writing to have it valid and enforceable. If that same sign said the same thing with the addition of the land owner's name such as: "No Trespassing Violators Will Be Prosecuted, Harley Rumpelstiltskin, Owner" then no writing would be required (although still a good idea) as the signs would not be suitable for any other person, entity or use.

Always check with council before taking advice you read in any forum.

 

[btropical.com]

Keep $400 of the money and offer a $600 credit for future work

 

[artsnletters]

We have dumped two "agencies" over the past 10 or so years because they never wanted to take responsibility for their screwups.

That and they always passed the buck by telling their end client it was us (or another shop) who made the error(s).

I won't tell you of the wars that has started but in one case we are still here and the agency is not.

Bottom line is your agency, like most, is sleazy and will not admit liability.

Don't refund a penny to anyone. Let those who seek their money back come by and have a face-to-face. And have them tell you, precisely, why you should. Then explain what you have stated here and quiz them as to how you have any sort of culpability and as far as you are concerned the job is still pending and you are anxious to finish it.

Let them rant and rave...sit back and listen. Be gentle but firm. Folks need to vent. Let that happen and let it roll off your back. Pretend to be a good listener. In the end you just might have gained a new direct client and cut out the idiot who caused you all the grief.

that sounds like rational expert advice. GREAT POST!
TIM

 

[Malkin]

We have dumped two "agencies" over the past 10 or so years because they never wanted to take responsibility for their screwups.

The times that agencies/marketing firms have screwed us, were situations in which our regular customer were ordering signs, but had the agency handle it.

In 1 case they took so much time and handholding that it interfered with production on other jobs and was just generally unprofitable.

In the other case, the agency ordered 10 signs ($450 each) when the customer really only wanted 1. The customer basically refused to pay for the other 9 and said it was our fault for not checking with him.

I wish we could have dumped those agencies.

 

[Rick]

Most agencies are sleazy? It might be more true that most sign shops do not cover their butt good enough....

What did your contract say about cancelation and kill fee? How does your contract cover your butt? If it has no cancellation/kill fee, why not? Cover your butt.

Most agencies use the GAG and AIGA standard form of agreement... translation, they cover their butt. For an explanation go here and read up on how design firms (or what most of you people call "agencies")

http://www.aiga.org/resources/content/3/5/9/7/documents/aiga_9standard_agreement_07.pdf

I don't think you need a 25 page contract, but you need to protect yourself from nimrods who are window shopping.

You should be reimbursed for your time you put into it (unless you volunteered for free) and a restocking fee if there was a restocking fee imposed on you. If it was not in the contract, you might have issues, but I would still impose a restocking fee anyways since that material has to sit around till you use it on another job(s).

Next time you do business with a design firm or "agency" have a contract that has this covered. Make sure you know who get billed beforehand... NEVER EVER EVER give wholesale to a design firm... they "usually" are a pain in the butt when it comes to color so you add a line item for color matching and add some amount for the "pain" it can be for working with this type of client.

When doing work for a few design firms, it was common to have 2 prices.. the regular price and the Mouse company price because you knew that the Mouse was going to complicate the process so much, that you were going to lose your butt on the job if it went slight bad. Same goes for working with a design firm.

 

[visual800]

NEVER NEVER NEVER assume your gonna get a job until you get it. NEVER be a teascher to others. There was too many distractions in this scenario, you helping someone else learn to design something...NO! You chould have had full control of this NOT the middle company. I would give them some back and try and return your materials

lesson learned