I have problem. I go into a contract to place an ad for my shop for 2 years. I paid them $500 in advance and break up the rest in monthly payment for 1 year. Somehow, in the making of the ads, they are not very professional. Here is the story: They supposedly gave us the ads. But, somehow, its very ugly, or wrong font, or very bad. I finally asked my friend to create a very beatiful ads. I submitted Thursday (by the way no one told me the deadline), and no one call back Friday or Saturday. Suddenly on the following Monday or Tuesday, He called me and said the file is not workable and tell us to submit another ad in 30 second or use the one they have made (ugly). He asked me if I have a jpg file, and I said yes, but I told him this is not a high resolution image. So basically he blew that one and printed. As I found out, my friend is using higher generation of design software. And, they should be able to open it using Photoshop. They need to get into photoshop and do file open and etc. Cant be double clicked it. so, the ads came out and i refuse to pay from the point they printed the ads via emails communications. I gave them 2 choices, I want to cancel it and let them keep my $500. Or, give me a something fair, then i ll continue it. But, he insisted putting my business into collection. What do i need to do now? Thank you.
You have already paid $500, so you are not in default of the contract. If the balance is due later, how can they send you to collection if it is not due yet? Perhaps you could sue for the recovery of amounts already paid. Is this a one time ad, such as in a directory, or run periodically such as in a magazine or newspaper?
Hello, The contract is for 2 years worth about $2000 for 4 issues in their magazine. We paid $500 in May and 1st payment is due in July. I told them before the ads come out that if the resolution is bad, i will not fulfill my contract. And, as I perdicted, the ads is bad. It is readable but, it is far from the file I send them. I let them keep my $500 since the ads has ran for the 1st issue. And, I dont want to waste my time and effort. I insist telling them that I am willing to work with them if they give me fairness. For example, they could easily give me the credit for this 1st issue. But, nope!! Thank you.
I've worked in advertising for many years, on the creative side, so this is one area I'm very familiar with. First, did the publication submit proofs for you to approve prior to publication? If they did the original ads, you should have been furnished with proofs. Even if you gave them an ad to run, they should still furnish a proof for resolution and accuracy. This is an industry-standard practice. If you didn't approve what they ran prior to publication, you shouldn't pay them a dime! And they should give you your money back! Second, if the publication screwed up the original ad (which it sounds like they did), they should give you a "make-good", which is a free ad in the next issue because they screwed up the ad in the first issue. It sounds like you did everything right. If they're not willing to work with you, you can get out of their contract very easily, especially given the fact that they provided shoddy workmanship. It's like anything else - you're the customer. Make them do right by you!
What the problem is that the did printed the right ad that we produced. But, the quality is bad, in my opinion because they blow-it out from jpg file with low resolution. Now, they kept telling me that they have done what they promised, printed what they promised bla bla bla. But, for me, thats true, but the point is that the quality and manner they handled with this situation. I am willing to work with them. for example, forget about this issue, and i will resubmit next dec (like u said). But they insisted to collection, even giving me a deadline. I have asked around about this (including my friend' lawyer). Since the amount is less than 5k, i can take them to small claim court. How much should i be suing them now? Should i be suing them more than $500? For example, court fees(if any, i dont know how much. Anyone knows?), my time (taking day off from work), and etc. What is reasonable? Thank you.
Re: Re: help with this stupid vendor? These guys sound really unprofessional. I mean, anyone knows that you can't take a screen-res JPG and use it for print. I wouldn't deal with them unless they're willing to kiss your a$$ and give you a make-good. As far as taking them to court goes, I think it might be more trouble than it's worth - especially given the fact that you gave them the ad to print. But you want to cover yourself so they don't go after you fopr the rest of the contract.
Re: Re: Re: help with this stupid vendor? I never intended to take them to court. I even tell them that it is too much time and effort. I let them keep my $572, and lets cancel the contract. Or, they have to remedy me for the ads and I will continue the contract. I am willing to do what you said...get this ads for free and I will pay for 2 yrs. But, they kept saying they have done what they promised (printing and placing ads). The reason why I want to sue is that they wasted my time and to cover my business credibility. I have filled Bk in the past. It is not what I am intended or planned, but S**t happens. Thank you for all replies. Give me a little confidence. I even forwarded your quote to them, hoping they can come to sense. Thks!
answer from THE STUPID VENDOR This is their reply to my email. Black font = mine Blue font = his. You think we got a deal? What deal is that if 1st issue ads isnt what we are expected? I am paying for 4 issues of ads in your magazine, not 3 issues. Actually you are receiving 4 issues for the price of 2. You have been linked, received our list, and now appear in our book, and your only response is an hysterical ranting about your text clarity. You are a florist! Not a lithographer. First, did the publication submit proofs for you to approve prior to publication? If they did the original ads, you should have been furnished with proofs. This is an industry-standard practice. If you didn't approve what they ran prior to publication, yuo shouldn'yt pay them a dime! And they should give you your money back! You submitted the ad, we did not create Second, if the publication screwed up the original ad (which it sounds like they did), they should give you a "make-good", which is a free ad in the next issue because they screwed up the ad in the first issue. The original is not screwed up in any fashion. If the â??caseâ? you are making is that the text isnâ??t as crisp as the original, it is an odd point. There is always variance in printing. Since, however, you are not a photographer, and your ad is NOT demonstrating your business as a picture creator, to argue about the crispness of text as a florist is irrelevant, and you can demonstrate no harm because of it. If they're not willing to work with you, you can get out of their contract very easily, especially given the fact that they provided shoddy workmanship. It's like anything else - you're the customer. Make them do right by you! I hope the author of this last paragraph is willing to help you pay the legal bill you owe. Nothing has changed. You will be turned over to the legal department on the date specified. Like I said, you can compared the ads your published vs the ad proof that supposedly published. TOTALLy different. On your magazine, background is not noticed, the font is blury and glary.The ad proof even printed in black and white, is crisp. It is irrelevant what your proof printed out like in terms of gloss level or clarity within reason. We do not print on the same paper, all magazines use various weights and gloss levels. No magazine prints out on the proof paper you printed your own proof on. This is industry standard. Further, there is nothing, I repeat nothing, about your ad which would prevent a bride from calling you as a wedding florist. No bride will say, â??hmmm... that florist has an ad whose text is not clear, I guess their flowers wonâ??t print as well eitherâ? --- it is a preposterous argument. Only 2 choices now remain... Pay your bill, and I will allow you an additional ad in the December book (you will then have 2 ads in 2 sections for 6 months... And I will make you an Internet â??preferred vendorâ? for 6 months on our website, for the North Bay, which will give you top of category listing and a banner Do nothing and we will turn your account over to our legal department on the date specified IT'S A PROGRESS. AT LEAST NOT EARLIER VERSION, PAY IT AND CHANGE IT IN DECEMBER OR WE PUT YOU IN COLLECTION. AT LEAST I GOT SOMETHING NOW FROM THEM NOW. STILL RECONSIDERING THE OFFER. I MAY MAKE A COUNTER OFFER BECAUSE I DONT NEED 2 ADS IN THEIR MAGAZINE IF CAME OUT "CRAP"OLA LIKE THAT! BUT THINKING ABOUT GOING TO FILL, COURT AND MY TIME WASTED ON THIS SMALL PROBLEM, MAKES ME MAD YET WANT TO RECONSIDER. THKS GUYS! JUST WANT TO POST A LITTLE UPDATE ON THE SITUATION AND HOW GREAT FEEDBACK FROM THIS FORUM HELPED ME! KEEP UP THE GOOD WORK!
