Custom unit - Not receive it

[jgonza132]

Hello everyone. I am trying to see what to do. I bought a custom concession cart on June 14th (paid in full) and the sales person told me I would get it by end of July. Which was good because I have an agreement with a local theatre to sell our food there starting Aug 1st. Well these people still have not given me the concession cart. I have missed about 8 events. The site manager said the usual sales would have been about $600 per event. Well, I talked via email to these cart people and they tell me the cart is still not done. They said it should ship this week but thats what they told me 3 other times. The bad this is that I am in Texas they are in Florida. Would it be worth while trying to get these $5,000 lost revenue from them? I think I would have to travel to Florida as well.

The other thing is that the invoice does say 8-10 week delivery. But I also have 2 emails from them stating that I should get the cart by end of july. Nothing is signed.

Any advice is grateful.

Thanks!

 

[army judge]

You are always free to bring a lawsuit.

Yes, you'd have to bring the suit against them in Florida.

Your biggest problem, other than fronting your expenses to travel to Florida, is proving your damages.

You can't just use the word of the theatre owner to prove your damages.

It could help you prove damages, but you'd some other proof to actually dhow what you lost.

So far, you only have conjecture and speculation.

 

[jgonza132]

Army judge thanks for your reply.

Yes that was my concern that just the fact that the theatre manager has told me that the average sales equal that much I didn't think it would be sufficient.

What about the deal that they told me they would have it by end of july but here we are in aug and I still don't have it? The invoice does say 8-10 which would be next week (10wks). But her email to me (2 emails) do say that they think they are going to meet the july deadline.

Unfortunately, other than just taking the word of the site manager that is all I do know. That is potential revenue and I don't know how much I would have made in those lost events.

You are always free to bring a lawsuit.

Yes, you'd have to bring the suit against them in Florida.

Your biggest problem, other than fronting your expenses to travel to Florida, is proving your damages.

You can't just use the word of the theatre owner to prove your damages.

It could help you prove damages, but you'd some other proof to actually dhow what you lost.

So far, you only have conjecture and speculation.

 

[FlaRiptide]

There is nothing in your post that says the vendor GUARANTEED delivery of your custom cart by a certain date. Thus they cannot be held liable for anything relating to late delivery. The tardiness of the delivery could very well be due to something not under the control of the vendor. A part may be on back-order.

The people who replied to your emails may have been speculating in order to satisfy the customer. Perhaps you should have spoken with the owner and told him of your urgency.

 

[jgonza132]

That's true. They didn't guaranteed me a delivery date but I did base my decision on their word. Unfortunately that was my mistake. I guess if nothing can be done about this only thing to do is wait for it to get delivered and never deal with these people again which is unfortunate for them since I have 3 other carts that I will be needing within the next 6 months.

There is nothing in your post that says the vendor GUARANTEED delivery of your custom cart by a certain date. Thus they cannot be held liable for anything relating to late delivery. The tardiness of the delivery could very well be due to something not under the control of the vendor. A part may be on back-order.

The people who replied to your emails may have been speculating in order to satisfy the customer. Perhaps you should have spoken with the owner and told him of your urgency.