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Business getting fucked by other business...
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You are currently reading a thread in /adv/ - Advice

Thread replies: 30
Thread images: 2
A month ago my pizza shop signed an agreement with a screen printing shop. The contract says that we'll provide their employees with free pizza and beverages of their choice. The pizza shop covers the tip and delivery fees. In exchange, it states that they will provide 15 shirts for our employees with our logo on them.

Why only 15? When we wrote up the contract, it was understood that orders can be placed as addendums to the agreement - there's even space provided for further orders, shirt quantities and dates. This means we can order shirts at any time, or at least that was the initial intent. It says 15 shirts because that was our first order.

The print shop manager got fired three weeks ago and replaced by an ass hole. Technically, the contract only says that they owed us 15 shirts which they already provided. However, the contract says that we owe them food for the entire 2 year term. The new manager interprets this as their having met their obligation and, although we're dramatically overpaying, a deal's a deal. We give them a minimum of 1 pizza a day. The most we've given them is 6 in a day. They also come over to our shop and help themselves at the soda fountain for free.

I already need more shirts but their manager is going to charge me for them. Do I have any recourse if in the contract itself, it doesn't say anywhere that we can add more shirts?
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>>16870786
get a lawyer but don't get your hopes up
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>>16870824
I have a lawyer and am going to meet with him. I just wanted to get a feeler out there in case if anyone else has had this sort of situation. It's demeaning and he visibly enjoys the fact that I have to pay for his pizza. He literally grins at me like Martin Shkreli and even said, "you're welcome" instead of thank you when I delivered him a pizza two nights ago. As though I should be thankful for getting to deliver his pizza.
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>>16870872
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If it's in the contract, it's in the contract. If you MEANT something else, you should have had it in the contract. A court or mediator/arbitrator is not going to be impressed by your "the contract says this thing but there was the understanding with this person that is no longer there that it actually means this" argument. They're just going to tell you that you should have put what you actually wanted the terms to be in the contract.
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>>16870915
What happens if the pizza shop simply ignores the shirt company and ignores them when they ask for free pizza?
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>>16870924
A 2 year contract for fifteen shirts

Is this serious?
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>>16870915
I think I have two long years of kissing ass to do.

>>16870924
We owe it to them. If we don't make it we go into breach of contract which in this case is not good.
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>>16870924
Then the pizza shop is breaching the contract and the shirt shop has a right to legal recourse. Same as if the shirt shop breached the contract.
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>>16870937
>I think I have two long years of kissing ass to do.
Yes you do. I don't know why you thought 2 years of pizza was worth 15 shirts, but I hope you've learnt your lesson. To be honest, I don't know how you've managed to keep your business afloat being this stupid.
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>>16870933
Yes, we go through work shirts fast an need a lot of them. The 15 were a test run of different styles, text, colors.
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>>16870946
It wasn't supposed to be for 15 shirts, as stated in the original post. It would have been many more.
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>>16870941
>>16870937
Do you think they would actually sue you? The clowns

Is a breach of contract worth less or more than 6 pizzas a day plus delivery costs and lost opportunity costs for 2 years?
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>>16870953
Then why would you write 15 in the contract? I honestly don't understand what was going through your mind when you wrote up and signed this contract. I'm sure you understood the repercussions, why wouldn't you had made sure that the contract said exactly what you wanted it to say? A contract is legally binding, a mere understanding between the two people signing the contract as to what it means is not.
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Man you got fucked
I'm really sorry hope there's a way you can work it out but I doubt it
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>>16870959
Taking legal action isn't just suing. It can be as simple as negotiating with lawyers.

And 6 pizzas a day plus delivery is probably worth taking legal action over to them, considering that there's a year and 11 months left of this term.
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>>16870962
I learned a lesson from this for sure.
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>>16870969
I'd say lawyer up. That's like $100 a day
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>>16870973
I'm glad you did, though you should probably see a lawyer and hope that there's some way out of this contract, otherwise you're going to be out of business by the end of the year at the latest.
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>>16870978
I agree with you, but from what OP has said, he's fucked.
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>>16870979
6 is the most they've ordered. It averages out at about 2. Over 2 years, that would retail about $18,000 if I'm doing my math right.
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>>16870987
Don't forget the cost of gasoline, time spent delivering, loss of tips, cost of time spent making pizzas for him and not legit customers

And he may increase the number of pizzas in the future
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>>16870997
I accounted for that in that figure. But yeah, good call.
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>>16870987
Well from your OP, there's no limit to the number of pizzas they could order, so it's potentially more. You didn't mention where there was a maximum number of times they could order in a day either, so that's potentially more delivery charges you're losing.

I seriously don't know what was going through your mind when you wrote and signed this contract. It WAS a properly drafted contract, right?
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>>16871002
Yes, it was drafted, with a lawyer. They only order one pizza at a time usually so yes, it can be more than one delivery and usually is.
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Does the contract mention the size of the pizza and beverage?
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>>16871009
A lawyer actually drafted this and didn't advise you against this? They didn't warn you about how one-sided this contract is? If I were in your position, I'd be thinking about suing the lawyer
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>>16871016
You could give him free pizzas the size of pennies and a 1oz of free drinks
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>>16871016
>>16871023

Any size.
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>>16871026
What about the quality of the pizza? Can't you just make it taste terrible?
Thread replies: 30
Thread images: 2
Thread DB ID: 547197



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