Consumer Law, Warranties Purchaser Refuses to Pay Delivery Fees

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pfeather

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We manufacture custom hearses and sold one in Missouri and delivered it in March of 2008. They had agreed to pay delivery fees of $900 but after multiple requests, letters and sending of the invoice, they have refused to pay these fees. Plus, we had to go back two other times from PA to MO to take care of problems they had titling the vehicle in their state, which was approximately $2500 out of pocket.

The problem is, we have lost the contract. I think that the original may have been returned to them accidentally and we have no copy. We have all sorts of documents proving that they purchased the hearse and we never sell without a written contract. In fact, this same company had purchased a hearse through us before and we have a written contract for that purchase. Will any of this help prove that there WAS a contract in small claims court and can we try to get compensation for the other $2500 in travel expenses, even though we did not ask for it in March when we made the other two trips out to Missouri?

Thanks for your help.
 
Give it a try. The sticky issue here is to convince the judge that there was a contract but it was misplaced/lost. If you can prove to the courts that you don't do business with any customers without a contract, you should be able to recover the fees. Make your case about the $2500 as well. Good luck to you!
 
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