QUESTION
Can I sue a company for not sending over $10k worth of gymnastics equipment I ordered that was supposed to be delivered 3 months ago.
Asked on Feb 28th, 2023 on Business Litigation - Florida
More details to this question:
I own a gymnastics gym. We ordered and prepaid for equipment on Sept 1, 2022 that was supposed to be delivered on Dec 2nd for our grand opening on January 4th, 2023. While some of the equipment from the order was sent , after our grand opening, we had to delay the grand opening for our pre registered families to February. We chose Feb. because the companies supervisor ensured we will have all of our equipment by then. Doing so caused us to apply all of the pre paid tuition from Jan to Feb causing us a lost of revenue for an entire month. A little more equipment arrived right before February so we decided to not push the opening back any further and start classes with the little equipment we had. The lack of equipment is also causing us revenue because we can't take on the amount of students we planned or offer other services we want to offer. So fast forward today. Still don't have all of my equipment. Requested refund. No more responses from supervisor via email or phone 3 weeks.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Sure, the REAL issue is whether it is worth the legal expense to do so. You might be better served at this point starting with a "demand letter" from a lawyer to see whether that sparks a response which is the most economical response. Litigation is expensive and may not yeild a positive result given the amounts at issue and the nature of your claims for a variety of reasons. Most of the time "consequential" damages are not recoverable in contract breach cases - meaning your decision to postpone the grand opening is your decision and not one you can recover from the vendor for unless you have a contract that allows for such damages, which in such circumstances is unlikely.
Answered on Mar 01st, 2023 at 5:36 AM
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