Any Tennessee Lawyers?

L Sass

L Sass

Cathlete
If so, can you guide me (not give advice)?

I coach a drill team and we buy our custom made uniforms from a Nashville company.

The company meets at the end of each January to re-assess its pricing for all supplies. My order must be paid in full when I place it.

My order must be placed mid-January due to a time crunch (my first parade is very early next year). I am in the process of sending out information and order forms to all parents NOW. We'll then do fittings over the holidays and submit our order no later than mid-January.

My local rep cannot tell me what price to charge since their price review will not come until AFTER I place my order. Bascially we have to pay the increased, but unknown price. She advises that I should speculate and charge a $7-$10 increase.

This seems to me to be very poor business. If I shop today and the store tells me prices will be increasing next week but they don't know by how much, how can they charge me the increased unknown price at the time of my purchase today? But I just don't know if the practice would be illegal. Looking for any thoughts. (And yes, I'm looking for a new company for the future, but I'm kind of stuck now.) TIA

Lorrie

www.picturetrail.com/lsass
 
Lorrie,

Can't imagine what would be illegal here. You aren't obligated to purchase anything from them and they haven't deceived you in any way by telling you a specific amount that Uniforms would go up and then changing their mind (for example telling you between 7-10 dollars and then having the increase be 25 dollars and holding the uniforms until you paid the difference). They have been upfront about the timing for the price change and given you an estimate.

Does this vendor really want your business? I would think that you could the talk them into agreeing to a specific price increase 5-10% based on how they increased the pricing last year amd then leaving it at that. Maybe you need to speak with the sales person's manager. You should also keep in mind that they have to order the Uniforms or materials from other parties whose pricing they won't have to late January.


KIM
 
Lorrie,

Can't imagine what would be illegal here. You aren't obligated to purchase anything from them and they haven't deceived you in any way by telling you a specific amount that Uniforms would go up and then changing their mind (for example telling you between 7-10 dollars and then having the increase be 25 dollars and holding the uniforms until you paid the difference). They have been upfront about the timing for the price change and given you an estimate.

Does this vendor really want your business? I would think that you could the talk them into agreeing to a specific price increase 5-10% based on how they increased the pricing last year amd then leaving it at that. Maybe you need to speak with the sales person's manager. You should also keep in mind that they have to order the Uniforms or materials from other parties whose pricing they won't have to late January.


KIM
 
Lorrie,

Can't imagine what would be illegal here. You aren't obligated to purchase anything from them and they haven't deceived you in any way by telling you a specific amount that Uniforms would go up and then changing their mind (for example telling you between 7-10 dollars and then having the increase be 25 dollars and holding the uniforms until you paid the difference). They have been upfront about the timing for the price change and given you an estimate.

Does this vendor really want your business? I would think that you could the talk them into agreeing to a specific price increase 5-10% based on how they increased the pricing last year amd then leaving it at that. Maybe you need to speak with the sales person's manager. You should also keep in mind that they have to order the Uniforms or materials from other parties whose pricing they won't have to late January.


KIM
 
Thanks Kim - I appreciate your thoughts. So if you were me and you had to pay in full at the time of order, what would you pay? The current price? Or the speculated price? (They won't refund any money after I place my order.)

Lorrie

www.picturetrail.com/lsass
 
I think Kim posted three times because her answer was so correct. ;) There really is no legal issue at all. I also agree with Kim about trying to negotiate a reasonable fixed price, if you have any power to negotiate.

Your "monsters" are beautiful, by the way.
 
Thanks Nancy. Here is what the rep told me:

"so I have to go with whatever the prices are when you make your purchase". The current price will be in effect when I actually place the order, since the increase doesn't go into effect until after - so if you were going to place this order, what would you pay, knowing they won't refund any difference?

Lorrie

www.picturetrail.com/lsass
 
If he said that, then hold him to it. He has to go with the price at the time of purchase. End of story.
 
>
>"so I have to go with whatever the prices are when you make
>your purchase". The current price will be in effect when I
>actually place the order, since the increase doesn't go into
>effect until after - so if you were going to place this order,
>what would you pay, knowing they won't refund any difference?
>
>

I agree with Nancy and Kim, although I'm confused. Is he saying that you are to pay the current price(the price they are when you order) and then they are going to charge you more AFTER they raise their prices? For example, if an item was current price $5 and you pay $5 and then they raise the price to $7, are they telling you they are going to come back and re-charge you $2? Did that make sense?

To me, if you buy something today or any day you pay what it costs that day. If a store raises their price later, what does that have to do with you and your order? I hope this doesn't sound confusing. I just don't understand, are they really trying to tell you that even after you have purchased something if they raise the price you'll have to pay the difference? Or, do you not pay until later even though you are placing your order now(of before any price increase.)

Alright...I know I just talked in a big circle....:)
 
Thank Pippa. I guess I wasn't clear - sorry. The cost right now is $100 plus $12 for shipping, so I charge each parent $112.

I have to place my order by January 18th. The company meets AFTER that, i.e January 28th to review and if needed, revise their prices. But they cannot tell me by how much - which makes perfect sense to me. I think Kim is right - who knows what their costs will be then.

So it seems to me that on Jan. 18th when I make my purchase, which must be paid in full, the cost is $112. But the rep says I should speculate their increase. It could be as high as $110 for uniform and $15 for shipping, so I should charge $125. BUT, she says it probably won't be that high, and they will not refund any difference since my order will have been placed already.

So - would you ask parents to pay $112 or $125? Yes, I know I have no obligation to use this company, but I am stuck this year given my time constraints. I'm looking to make a change next year. Thanks to everyone for your thoughts on this.

Lorrie

www.picturetrail.com/lsass
 
Wow...this seems REALLY wrong to me(not illegal, just wrong.) They want you to pay for something based on a speculated price increase and then won't refund the money if you overpay? WTH??!!??

I know you can't look somewhere else but I would strongly encourage you to really let them know that you won't be using them in the future. I've just never heard of something like this.

I just really don't see what their point is. If you are buying something on January 18th, then you pay what it costs on January 18th. The fact that they are increasing their prices in February has absolutely nothing to do with you. Now, if you were ordering on January 18th and paying in February then I could see their point(even though I would still think they were wrong,) but this is ridiculous. And to make matters worse, to say if you overpay they won't refund the difference?

Well, if they really won't budge on this, I would feel like I *had* to ask the parents to pay more, maybe not as high as $125(since they said that was unlikely) but somewhere in the middle. I mean, if you don't ask the parents to pay the increase how will you cover it? Or is it possible to just charge the $112 and then ask the parents for the extra when you find out what the increase will be(since they won't refund your overpayment?)

I really feel for you. This sounds like a really aggravating situation.x(
 
I'd ask the parents for $130 to be safe. Then I would pay the asking price when I order with the understanding that there may be a price increase. I would absolutely refuse to pay more that the known amount, especially if they refuse to refund the money.

Quite frankly, I think their way of doing business is unethical and I would question doing business with them. But, if you are between a rock and a hard place, you do not have a choice.
 
If you're paying "IN FULL" Jan 18, then you've paid your order in full by the time they meet 10 days later. They can't come and require more money without affirming that their "payment in full" requirement was not true.

When you send them the payment, make sure you've stated "PAYMENT IN FULL FOR ORDER #XYZ" and when they accept that payment you should be fine.
 
Lorrie,

Sorry about multi-posting don't know how that happened. I think you need to speak with a manager and skip this salesperson. If you are accomodating their "unknown" price increase then they should refund any overpayment to you and they can't really justify keeping your money.

Also, are they accepting your order on January 18th as a favor to you to allow you to meet a deadline? Why couldn't you place your order say December 18th and avoid the whole issue?

Are you absolutely sure no way to order from someone else?



KIM
 
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