I got cheated!

[NicolaNSam]

Sorry to ask for this guys,

 

I know its not visa related but as some of you know Nicola and I import items from China (I wish we could find a less stressful job!) Everytime we get a container in the items we ordered are either missing or completely different than what we ordered from this vase factory. He has shipped us three containers and all of them have been junk! Luckily this last container of vases we ordered were on credit. We also took pictures of the samples the boss had in his factory and told him that if he does not produce like the samples we will not pay him! We kept ordering because each time he promised it was a mistake and it was an old manager that he fired and excuse excuse of why we got shorted items and why the looked like junk!

Well his container of trash is in our warehouse and we have been trying to resolve this for almost a year now. I finally found a customer that will buy it for $6,000 giving me my $4,500 back for shipping and the boss agreed to get the $1,500 which he is lucky we are giving it to him! His employees even told us that he does this to everyone and one of them even told me that the samples he has he bought from a japan factory because he can't even produce that quality! He knows he's a cheater and said the $1,500 is fine!

Here is our problem!.......I'm afraid to send him $1,500 and years later we cross him in the street and he says we owe him money and we didn't pay for the container. He agreed to sign a contract saying we paid him in full but he could just lie and say he didn't sign the contract or worse yet he could have someone else sign and deny even seeing a contract! In America its easy because you can go to a notory public and have it stamped and your good to go! I want to get this over with and i'm sorry to bother everyone on this site but I really do feel like we're like a family and I need help from my CFL borther's and sisters.

[oregonknl]

Sam,

 

I contract is a contract..

 

Couple ways you can go about this:

 

Informally, if paying by bank check, most banks will allow additional terms to be printed on the check -- ie: "payment in full for all contents in container shipping # ------ arrived in -------- on -------- date" Then, after he cashes it, just keep your copy of the check in your files..

 

More formally, there are obviously business lawyers in the city where you and he did business --- can't cost much to draw up a bill of sale, and have the lawyer present it to him, and make him sign before the lawyer gives him his money..

 

My 2 RMB.....

[frank1538]

I have a good friend who imports furniture, porcelain, and other goods from China. He had similar problems with quality, packing, and shipping. I think he now has a trusted associate on the ground in China who oversees the purchasing and packing. He still has the occasional problem, but he is usually getting what he pays for. Do you have a friend or family member who might serve in this role?

 

As to the immediate issue, I would certainly attempt to get his signature on a "final payment" contract as well as marking the check "payment in full".

[NicolaNSam]

Thanks for everyone's help!

 

I will try to get the factory to notorize the contract. I can't do anything with checks because money is paid from wire transfers. Thanks again.