On July 14, 1999, Walker Bag Manufacturing of Louisville Kentucky, agreed to produce a 10" X 20" finished size bag made out of a 10 ounce burlap with a clear laminate (as had been furnished to the previous owner of the business). In accordance with the contract, Oogamy (my new company) provided a deposit of 1/2 the cost of $2022.50. To be delivered in 3-4 weeks after logo for the pouches was completed. On June 18,1999 I sent artwork(logo) to Walker Bag via 2 day US Mail. The design was completed and the agreement ratified by both parties on July 14, 1999 .
On August 13, 1999 (more than 3 weeks later) Oogamy received only 97 bags, all of which were made of a 7 ounce burlap with a white laminate.I immediately contacted Steve Dutton and refused the bags, to which he first claimed that they had been produced like this for the previous owner.(I have an affidavit stating otherwise and in fact he knew that the white was not acceptable as previous owner had told him before she couldn't take them that way). Then I asked him to prove that he had ever sent bags like these before and he claimed that they didn't keep those kind of records (what kind of business doesn't keep records of stock purchased?)Then he claimed that they tried to get clear laminate but couldn't so they purchased the white laminate. Then he said his supplier must not have given him the correct ounce material, and the list goes on and on. It went further into to him stating that I didn't know what I was talking about and I was not an expert in that field. Well that may be true, but you can visibly see and huge difference in the pouch that was delivered and pouches made in the past.And in fact, I had leaders in the textile industry ready to testify that the bag I received was definitely not a 10 ounce burlap.
I currently have more than 50 pages of conversations, (mostly attempted conversations and faxes), filings to the Better Business Bureau - who seems to agree that he is a schmuck, but they can't do anything but offer arbitration. I will be more than happy to forward all of my documentation for your review.
I am just starting a business in Charleston, SC. I cannot afford to leave my business for days to travel to Kentucky for arbitration over $2,000. And unless something happens in the meantime you better believe that when my business hits its stride I will be suing that company for a lot more than $2,000 and here is why:
-Bag delivered was not 10" X 20" finished size, it was 10" X 18 1/2". Breech of contract
-Company failed delivery time.
-We ordered "Original Porch Pouches" per our Purchase Order and were sent not sent Original Porch Pouches. (white laminate).
-Delayed product launch by 75 days, this incurred loss of income, time, I still had to pay for packaging that coincided with delivery of pouches, etc. Total loss of $22,000 before the deposit.
-Walker Bag failed to respond to any requests, etc. for 13 days after initial conversation of refusing bags, then they sent fax requesting what to do with their unsewn bags. Further delaying us from contracting new supplier.
-Failure to refund deposit further delayed us ordering product.
Every conversation was documented. All my repeated requests were documented. Anyone reading the file (including my lawyer and the Better Business Bureau) felt that they were grossly negligent in fulfilling their obligation.
It enrages me that a company can not fulfill a contract in anyway shape or form and just keeps the deposit. To me this was just an open and shut case. They didn't do anything they were supposed to do. They are known within their industry to have a horrible reputation (to bad I didn't know before hand). And it is just not right. $2,000 means alot to me. I had to raise more than $70,000 to get this company started and everything down to the pencils was budgeted. I really need the $2,000+ back.
If you talk to this man, you will find out what an @#@@ he is. My lawyer was absolutely floored by this man. How you can run a business that way is beyond me!!
Please, please, please help me with my deposit.