Business Contracts Commercial samples

[omalene]

Hi,We are independant salesrepresentatives and have worked for a year without contract on commission based sales with a company that had sent samples to us.
In January 2012,they no longer wished our services and they were supposed to pick up their samples.
They did make appointments,but porsponed them and the samples are still stored at
our house.
I wish to charge storage for two month,that's about a 3rd of the time they sitting in our house.
Now the owner wants to invoice us for the samples,let them here and not being responsable for paying storage.
What are our legal rights?
Is it reasonable to charge a total of $300.00 for 2 month of storage?
Thanks,

 

[army judge]

You can charge anything. Your problem will be collecting. You'll have to sue for your charges in small claims court, even if you have a contract and he refuses to pay. Your easiest solution is return the goods to the owner COD, if that's possible. Otherwise, inquire of the owner how he wishes you to return his goods to him. If you delay, expect him to sue you!!!!

 

[Michael Wechsler]

Agree with army judge. You may wish to send a certified letter to them stating that they were supposed to pick up their own goods on each of those dates and never showed. You can charge them what you want and, as army judge said, the problem is collecting. What you might want to try is informing them that if they don't pick up their goods within, e.g. X business days, you will dispose of the goods and remit to them the proceeds, if any, less $Y for storage costs. If you do end up selling the samples, it will need to be worth it for them to go to court and sue you with a very weak case.