When you own your own business, things don't always go as planned, especially when it comes to ordering product. Not only is it relatively common to not receive items you ordered, you might find that a very small percentage of your receivables are damaged or shorted to the extent that the whole shipment is useless.
Fortunately, most vendors will gladly replace the product or refund your money without much fuss. However, there is bound to be a time when you and a vendor cannot come to an amicable agreement. When this occurs, you have legal rights as outlined under commercial law. If you have a dispute with a vendor, here are three tips for getting your money back.
Determine Who Is Responsible
Many vendors refuse to pay for damages because they feel that they are not responsible. And it's true that products move through several hands before they get to you. Before you can take legal action, you must determine who is ultimately responsible for the damage. If the items don't work as intended, the manufacturer is ultimately to blame. If the items were damaged in transit or after they were packaged, the warehouse where they were stored may be liable. The shipping company might also be at fault. Therefore, it's important to do your homework and to determine when the items became damaged and under whose watch.
Collect Evidence
When you're unpacking your shipment, take pictures of any damaged items that you find before setting them off to the side. It's important to take pictures during the process of unpacking damaged items so that you can prove the condition the items were in when they arrived, not how they looked after sitting in your warehouse for months. You should also store all damaged items until the case is settled. Not only will the items serve as evidence, but the judge in your case may order you to return the items.
Retain a Lawyer
It's a smart idea for all types of businesses to have a commercial litigation lawyer on retainer for any issues that come up during the course of regular business. If you have a lawyer on retainer, you can get help with any commercial legal issue immediately without having to find a lawyer first.
There are several things you can do to protect your bottom line when you get a damaged shipment. Whatever you do to get your money back, do it quickly. Call your lawyer, one like D.B. Clark Law Office, at the first sign of a dispute. Many cases can be settled through mediation if they are addressed in a timely manner.
Share29 April 2015
After my mom turned 68 years old, she started doing all kinds of strange things. She spent her monthly retirement checks on excessive amounts of food and clothing but didn't pay her rent or bills on time. At one point, she forgot who I was to her. Since my mom lived alone at an independent apartment complex, I couldn't monitor her behavior every second of the day. I brought these things to my mom's attention, but she refused to get medical help. After my mother called the fire department to report a fake fire, I took legal action. I contacted a general attorney and became my mother's power of attorney. I now had the right to monitor my mom's finances and medical care. If your loved one needs help, read my blog for information on general attorneys. You'll find tips, articles and much more to help you get started.