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Customer wants to back out of the deal.
I have a customer who placed his order last August. 😕
He wanted a full colour print on the back of his camper van, full coverage.
Also some stripes down the sides and on the cab of which I quoted him
£500. Half up front of which he paid without hesitation.
I produced 5 designs for him for his camper of which he chose 1.
At this time I told him some of the bodywork needed repairing in order to do the work of which he agreed and told me it would be done in a few weeks.
The repair work was started but was still unfinished come December. Now I will say I didn’t print anything until I knew I could arrange a definite date for fitting as I didn’t want the prints getting damaged with being put to one side for so long…space was small so this seemed in my opinion the best option.
Come January he rang to tell me he’d sold the van and had another he wanted graphics on but not the one I’d already designed. So, biting my lip I said fine,
I’ll get that over to you. The new van already had graphics on of which he said he would remove. This van is still carrying the old graphics and the customer is now stating he wants to source an alternative quote.I’ve advised him that’s fine. Pointed out that his deposit is non-refundable and this is stated on his receipt when he paid his deposit.
Now just waiting for his response.
All communication is on email so all his requests are in writing. I do this on every job.I believe I am covered legally and that I have not held the job up in any way.
Am I correct in my assumptions, and would you do the same.
Karl.
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14 Replies
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I can’t see a problem Karl. After all the whole point in getting a deposit in the first place is to cover yourself in the event something like this happens.
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Seems like you’ve been very accommodating with him so far. If you’re satisfied the deposit has covered the cost of work already done (especially as you’ve presumably reworked the original design for the new van) then I’d let him know this. Otherwise perhaps he still owes you the balance for the design work?
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I agree Phill, and like you that’s why I do it.
Neil, it’s a totally different design from scratch. Problem is with some they seem to think you hold the deposit till they ask for it back whenever they change their minds or not.
Stiil waiting for him to reply to the last email. He decided at one point to carry on. I replied that’s great. If you could just email back confirmation that you want me to proceed, that the new design is that of which you require and are satisfied with the design and to finish off that you will pay the outstanding balance on completion I would be more than grateful for this.
He has now stopped replying.So until I get his confirmation email I’m not willing to carry on.
Bl00dy customers. They think when you bend over backwards for them that’s an invitation for a back alley dance! 😕 -
I wouldnt worry one bit…youve got your costs covered already…its not as if you have printed anything…if youd done that youd have something to complain about.
id just get on with other work til you hear something.
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Wouldn’t worry about it Karl as Cheryl has said, get on with work that pays the bills.
If he paid a non refundable deposit & now doesn’t want to go ahead then that’s his problem not yours. I wouldn’t have done as many as 5 designs in the fist place to be honest, far to much of your time & it makes it much harder for the customer to make a decision :lol1:Only think I would add is that as Neil has said because you had to do another design at his request for the new van you may now feel he owes you a bit more & should invoice him for the additional work. Personally I don’t think I would bother doing that though, just forget about it & move on.
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Cheryl, I might be getting the wrong end of the stick with your reply, but I think your missing something here. This guy, even though I’ve done work, has said he’ll be looking for his deposit back if he goes elsewhere. I asked at the end of my first post if I was correct in my assumptions regarding the legality of the situation. My assumption is that I am. But I have read many posts on here regarding similar situations and thought at the time "Blimey, I never knew we couldn’t do that!" or "How can the law defend someone in that situation when it’s clear they are wrong?"
As for nothing to complain about I think I’ve been more than patient with the guy. -
Did the customer sign the quotation, agreeing to the quoted price, and that deposits are non refundable?
Either way you have provided your services to him, which are chargeable.
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Not knowing the full details of the situation I’d probably agree with Martin and not bother chasing up the amount owed above the original deposit. The point I was making was that although the customer often thinks they haven’t received the product/service even although they have paid money up front, by quantifying the work already done you may find that the deposit doesn’t actually cover the work done. If this is the case then the customer should be shown this and if there is a balance then they are liable for it. However it is up to you whether you want to claim the balance or not – but again, they should be aware that is your decision.
To be fair, legal issues should be discussed with your lawyer.
If you’re getting hassle make up the bill so far, send the details to your lawyer (amount of bill for work done/amount of deposit paid) and get him to give you a legal ruling on it – not to chase it for you – just to settle it once and for all. Depends on the reply how you move forward… -
quote Karl Williams:I’ve advised him that’s fine. Pointed out that his deposit is non-refundable and this is stated on his receipt when he paid his deposit.
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All communication is on email so all his requests are in writing. I do this on every job.I believe I am covered legally and that I have not held the job up in any way.
Am I correct in my assumptions, and would you do the same.
Karl.
I am saying that I wouldnt worry about it……..you have covered your behind and your costs….you havent done anything wrong IMO..hes just paid for the artwork.
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quote David Hammond:Did the customer sign the quotation, agreeing to the quoted price, and that deposits are non refundable?
Either way you have provided your services to him, which are chargeable.
Yes David, the quote is written on his receipt and it states that deposits are not
refundable. All artworks have been OK’d via email.
My look on it is it’s his problem if he backs out. Non-refundable deposit paid in writing……work done.
I think I’ve covered myself. But it’s good to get others opinions on this issue
too. New laws come into force everyday that we’re not aware of. -
my take on it would be..
Add up how much time you spent on it, and if you had to buy in any material etc, then deduct this from the deposit and give him back the remainder.
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Should be fine Karl.
He’s read the quote saying refunds are non refundable. And paid said deposit.
Under consumer rights, and distance selling, customised orders are exempt from the rules. A bespoke design service should suffice.
Bit of useful information here http://m.direct.gov.uk/syndicationContr … 1203051934
Using the phone to browse so like may be duff on the PC
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interesting….
actually Denise suggestion is quite sensible, particularly if you see any future with the client.
Although our company would take the stance that a deposit is a covering.
Legally, I dont know, where are the UKSB part-time lawyers?
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Thanks for the replies guys. All the replies sound sensible and thanks for taking the time to reply.
Dave, there’s no pint really in attempting to get extra work from this one mate.
We can all dick about with customers on the promise of more work but some just aren’t worth the hassle. If he decides to have it done all well and good.
If he doesn’t….well he’s paid for something he’s not getting any pleasure from so like a few have said it’s his loss. Just got back in from doing a couple of vans so I’m happy. Now got a load of boards to lay up so gonna have a cig and a coffee and get cracking. 😉
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