Legal Question in Consumer Law in California

Services not performed in a timely manor.

Paid a company to print my company name on the side of a pen light for a promotion. This was a free pen light for EMS week. Paramedics and EMTs ordered this free pen light as a free gift during EMS week. All orders were done on the Internet.

I paid $1,500 for my company name to be on 1,500 lights. The company was to print on the lights and then mail the lights in time for EMS week. It is now three months past EMS week and the pen lights have not been mailed to the customers.

The printer said that the cost was more than he expected and he is sending them out a little at a time. I have requested a full or partial refund and the printer has refused.

Am I due a refund?

The printer sent me of some of the pen lights and the printing quality is very poor as well.

As a customer I am not happy with the service and the product. I feel that the printer broke the contract because he did not meet the deadline. It would be like sending out a christmas gift in March.


Asked on 8/05/07, 3:14 am

2 Answers from Attorneys
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Services not performed in a timely manor.

If your printer knew that you were ordering these to be handed out at EMS week, or if there is a "time is of the essence" or "time for performance" provision in the contract, then it certainly seems like the printer has run afoul of his or her obligations.

Sounds like you should consider either (i) getting a lawyer to write a nasty demand letter, or (ii) small claims court.

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Answered on 8/05/07, 2:13 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Services not performed in a timely manor.

It sounds like you have a case against him. I would send a letter demanding a refund and if you do not get a satisfactory reply, sue the printer in small claims court.

You can email me at [email protected] for a copy of my free e-book on small claims court.

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Answered on 8/05/07, 8:11 pm


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