Legal Question:

[MAC1984]

Hello.

I have a legal question maybe someone can help me with.

I have a business and provide a service to many different clients, and I get contracts signed for each one. On the contract it states "Additional products or services may be added to the agreement".

Anyway, long story short, I've been providing service since last may. In September, they added new products from me. Each week, they sign off on delivery, and have paid EVERY invoice on-time and in full.

Last week, I get an email from that client saying "I never approved the additional products". He did, and I showed him his signed paperwork, but he is denying it is his signature. Essentially, it's his word vs mine.

What are my options here? I don't want to give him a $5k credit, and I have no issue removing the additional products from his invoice, but does the fact that 1) each delivery was signed off on and 2) EVERY invoice was paid in full mean that legally he has accepted responsibility for the goods delivered and isn't entitled to a credit?

Thanks

 

[thumper18474]

Hello.

I have a legal question maybe someone can help me with.

I have a business and provide a service to many different clients, and I get contracts signed for each one. On the contract it states "Additional products or services may be added to the agreement".

Anyway, long story short, I've been providing service since last may. In September, they added new products from me. Each week, they sign off on delivery, and have paid EVERY invoice on-time and in full.

Last week, I get an email from that client saying "I never approved the additional products". He did, and I showed him his signed paperwork, but he is denying it is his signature. Essentially, it's his word vs mine.

What are my options here? I don't want to give him a $5k credit, and I have no issue removing the additional products from his invoice, but does the fact that 1) each delivery was signed off on and 2) EVERY invoice was paid in full mean that legally he has accepted responsibility for the goods delivered and isn't entitled to a credit?

Thanks

just match his original sig. of the contract he signed with the supposed bogus ones...if they are a match he's on the hook
Did he personally sign off on the delivery for the product or was it an''agent'' of his company that signed it?
whats on your invoice? "by signing this invoice the above has authority to do so..blah..blah ..blah?
if it does then his issue is with the person that signed it not you....
until he can prove that there was some sort of deception on your part to overbill...I believe he is on the hook for the payments

 

[TeasePlease]

More facts are needed.

1. Are you selling goods or services? You refer to both interchangeably?

2. The history of payment supports implied acceptance of your modified contract.

3. Or not. Signing for the acceptance of delivery of services doesn't mean that the person has necessarily agreed to pay extra for them. It could just mean that they acknowledge that you have provided the services.

From a business perspective, how significant is this customer? If they are big, it might be worth writing it off, chalking it up to a lesson learned and cost of doing business. Just make sure that you get signed change orders from now on.

If they're small. Might be worth just walking away. You can sue them in small claims court. You might get something, but likely not everything.

(This dispute is not worth hiring a handwriting expert.)

Go see a lawyer.

 

[MAC1984]

Thanks for the help.

I provide products and services. Laundry and cleaning services (I don't want to be too specific)...but we go every weak and provide said services and consumable goods.

Each week, his kitchen manager (it's a restaurant) signs off on delivery. I give an invoice for each delivery. At the end of every month, I mail a statement to him with the invoice numbers attached. Each and every one has always been paid in full. Each invoice is also itemized, so the items in dispute are clearly stated on the invoices that he has paid.

I have my contracts and deliveries signed off on a computer (like the UPS guy) so they look like scribbles each week they're delivered.

 

[DB123]

The very short version, and to be fair you may have left out something you thought was not but may be important, is that no, you don't owe him a credit. If the invoices list the items/services and their cost, game over for him. He could try to sue you but I doubt he would and based solely on the information you provided, he would lose. This all assumes you actually saw him sign - if he didn't he may have a half decent argument, but if he approved itemized bills and paid the amount listed, he doesn't have a leg to stand on.

That said, it sounds like a long standing relationship you may not wish to jeopardize/end. Offer to split the difference?

 

[MAC1984]

Itemized bills and unit costs are clearly displayed on each invoice. His chef signs off each week on the deliveries as they are early morning and the owner isn't there yet. The owner sends the cheques to me monthly, and I've never had a problem with payment.

I know he went over his budget (from what I gather) but at the same time I rendered a service and I don't believe he is entitled to a credit. I plan to meet with him tomorrow to discuss and find an adequate solution that works for both of us, but not $5k in credit.

 

[TeasePlease]

Thanks for the help.

I provide products and services. Laundry and cleaning services (I don't want to be too specific)...but we go every weak and provide said services and consumable goods.

Each week, his kitchen manager (it's a restaurant) signs off on delivery. I give an invoice for each delivery. At the end of every month, I mail a statement to him with the invoice numbers attached. Each and every one has always been paid in full. Each invoice is also itemized, so the items in dispute are clearly stated on the invoices that he has paid.

I have my contracts and deliveries signed off on a computer (like the UPS guy) so they look like scribbles each week they're delivered.

Foodservice customer. Nuff said.

If you decide to work this out with the customer, I'd suggest you put them on COD only.

(btw, are the disputed invoices consistent in the nature and volume of goods/services that they have received/paid in the past? If so, that's another supporting factor)

 

[DB123]

Itemized bills and unit costs are clearly displayed on each invoice. His chef signs off each week on the deliveries as they are early morning and the owner isn't there yet. The owner sends the cheques to me monthly, and I've never had a problem with payment.

I know he went over his budget (from what I gather) but at the same time I rendered a service and I don't believe he is entitled to a credit. I plan to meet with him tomorrow to discuss and find an adequate solution that works for both of us, but not $5k in credit.

Good plan. whatever you do going forward, make sure it is spelled out and signed (in ink)

 

[MAC1984]

The bills were for the exact same amount (the increase) from Oct 1 until March 1st. Delivery every monday, for same amount, same quantities. I know he's in some financial trouble but I am not his accountant. If someone requires my services and pays for them, who am I to say if he actually can "afford" them.

 

[drstrangelove]

In September, they added new products from me. Each week, they sign off on delivery, and have paid EVERY invoice on-time and in full.

He's being receiving and paying for these products since September, and now he says he didn't approve them? Who is he trying to kid? Perhaps he's having money problems and is looking for any source of money.

 

[Bobzilla]

If it's products, I would give them the chance to return any unused product for credit. In regard to services, a legal argument can & has been made that, even if no signature was obtained, the individual or corporation who received the benefit of the services is responsible for payment. In this case, that would be the business or the owner, depending on how the business operates, ie, sole proprietorship, incorporated or limited company, so it's not just your word against his. The law firm I used to work for sued & won many civil cases on this basis.

 

[MAC1984]

Thanks Bobzilla.

I'll see him tomorrow and see what he says and update afterwards. I have a feeling I'm in for a bit of a fight tomorrow.

Thanks everyone for your input.

 

[BlueLaser]

Hello.

I have a legal question maybe someone can help me with.

I have a business and provide a service to many different clients, and I get contracts signed for each one. On the contract it states "Additional products or services may be added to the agreement".

Anyway, long story short, I've been providing service since last may. In September, they added new products from me. Each week, they sign off on delivery, and have paid EVERY invoice on-time and in full.

Last week, I get an email from that client saying "I never approved the additional products". He did, and I showed him his signed paperwork, but he is denying it is his signature. Essentially, it's his word vs mine.

What are my options here? I don't want to give him a $5k credit, and I have no issue removing the additional products from his invoice, but does the fact that 1) each delivery was signed off on and 2) EVERY invoice was paid in full mean that legally he has accepted responsibility for the goods delivered and isn't entitled to a credit?

Thanks

You have the contract with his signature saying additional products can be added. Then you say they added new products. How was this addition made? Was it in writing where you have his signature again?

The other question is what do your invoices look like? Just because something is signed doesn't mean they agree it is correct, what does it say where they are signing?

 

[Perry Mason]

If the facts are exactly as you say, offer him, in writing, an opportunity to return any goods for full credit and if your version of the facts proves out, you will win your claim in Small Brains Court.

Trust me... have I ever lied to you before?

Perry