Business Disputes: Rejecting Defective Customized Merchandise

vendredi 20 février 2015

NY



Thank you in advance.



I'm a small tshirt startup. I paid in full $2000 for 180 shirts to a printer to provide me blank shirts with my designs printed on them. Long story short, they've made so many delays just to start printing my shirts and made several mistakes with the printing samples causing me to reject 4 designs (out of 6) for a total of 120 reject prints. They are also charging me for extra $$$ that is totally out of the agreement and could have been avoided if they didn't make the crucial mistakes. They are making me pay, which i refused, for their very obvious, blatant mistakes. They refused to go on with production if i don't pay the extra $$$. After a long fight on who's made mistakes with what (let me know if you need further info), they've finally agreed for a refund (which for me could be a sign of admittance) but only for the prints on the 120 shirts, in other words, just a portion. I demanded a full refund because: 1) I will end up with no profit if i dont. 2) It will cost me significantly if i have another printer do a job of only 120 shirts with the remaining 4 designs to be divided, 3) besides shipping back and forth from my apt, there will be other expenses that will arise. Plus, i gave them my services too to help them out, and still did not deliver. They refuse to provide refund for the 2 designs approved and completed, plus the 180 blank shirts, etc.



My questions:



1) Is small claims my only option? I have a disability so I need assistance and prefer representation. Plus, I really want them to pay for the deliberate deceptive actions, lies, aggravation, bullying, frustration, loss of income (i have a few customers lined up), delays, time wasted, hurt they've caused.

2) If small claims is my only option, how much do you think is my claim?

3) If a lawyer can help me, can you recommend someone? I've contacted a few and have no good leeds yet.

4) Is there anyway I can report them? Who and to what extent? Precautions?

5) To what extent can i give them a bad review on websites like yelp, etc?

6) If i get a full refund, can I claim the shirts already produced? I don't want them to have any ownership of my designs/name.

7) the owner (he's the only one i'm in communication with btw) also made remarks that under this situation, he will now want me to pick-up the shirts and claim refund ONLY in person, even if shipping is an option in the contract. One of his many tactics to bully me around. And I certainly don't wanna go in there, it scares me. Thoughts?



Appreciate your help.





Business Disputes: Rejecting Defective Customized Merchandise

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