I think I messed up big time...

[Alexis1234]

Long story short, I had an "opportunity" with a company that has a large social media following and a physical store to design and create several high end USA made tack sets  exclusively for them( tooled, blinged out barrel racer stuff).  Part of the deal was a non compete and I couldn't even take pics of the stuff. I looked into it- company is legit, USA based, in business for several years. Owner tells me she'll send the contract and says  in the meantime they want a sample tack set designed just for them for evaluation and if they like it, they will purchase it. Company is actively recruiting small USA business owners to do sewing and leather work. She wanted  price quotes/"raw costs" as well.,etc. It was delivered and I have not heard a word from this company despite several  follow up emails., no contract sent, etc. She responded when I asked her for a shipping address for it but nothing since. I should mention I had a zoom interview lasting almost an hour as well. At this point, I guess I'm just curious how the heck I get an expensive "sample" tack set back from them? How do other businesses handle sending out expensive "sample" products? I'm embarrassed as well... I don't think it was a scam per se, but at the very least its extremely poor communication on their part. I'm not going to oust the company at this point, but wanted other's thoughts on this. I just want the tack set back- no money has been exchanged.  Thanks!

[Rahere]

31 minutes ago, Alexis1234 said:

Long story short, I had an "opportunity" with a company that has a large social media following and a physical store to design and create several high end USA made tack sets  exclusively for them( tooled, blinged out barrel racer stuff).  Part of the deal was a non compete and I couldn't even take pics of the stuff. I looked into it- company is legit, USA based, in business for several years. Owner tells me she'll send the contract and says  in the meantime they want a sample tack set designed just for them for evaluation and if they like it, they will purchase it. Company is actively recruiting small USA business owners to do sewing and leather work. She wanted  price quotes/"raw costs" as well.,etc. It was delivered and I have not heard a word from this company despite several  follow up emails., no contract sent, etc. She responded when I asked her for a shipping address for it but nothing since. I should mention I had a zoom interview lasting almost an hour as well. At this point, I guess I'm just curious how the heck I get an expensive "sample" tack set back from them? How do other businesses handle sending out expensive "sample" products? I'm embarrassed as well... I don't think it was a scam per se, but at the very least its extremely poor communication on their part. I'm not going to oust the company at this point, but wanted other's thoughts on this. I just want the tack set back- no money has been exchanged.  Thanks!

"In business for several years" is almost a definition of insolvent. Their start-up capital's invested, they're not big enough to be thoroughly stable yet.

On the other hand, my daughter's bff has just had a call to interview two months after closure. 

[Tugadude]

If the company is "actively recruiting small USA business owners", I wonder if it would be possible to get a line of communication going through someone else here?  See if they get the same treatment.

I understand your reluctance to name the company and I respect that.  It could be a misunderstanding, the person may be in the hospital with Covid-19 for all we know.  But if they are freely interacting with others and avoiding you, that should be fairly easy to determine.

Just some thoughts.

I hope it turns out OK.  That would be a tough lesson learned otherwise.

[Alexis1234]

Company has positions for seamstresses ,etc listed on Indeed and  are active on social media as we speak.I have a feeling this is is going to be just a tough lesson learned,lol. 

[kgg]

30 minutes ago, Alexis1234 said:

Part of the deal was a non compete and I couldn't even take pics of the stuff. 

I think is a cautionary tale to all of us. The non compete probably isn't that uncommon once things are all signed up legal like but the no pictures part to me is questionable. You may have problems proving the quality of your work, what the tack set actually looked like, materials used in the construction and that the sampled was asked for. I really hope things work out and are just delayed as a result of the Covid-19. A good old fashion phone call maybe in order as well, sometimes emails wind up in the persons junk box and are never seen. Maybe contact the social media platforms they are active on or the BBB to help with investigating and determine if it is just some sort of legitimate error or a scam.

kgg

[Alexis1234]

I should clarify- I could not take pics and post them to social media . I did take pictures of the tack set as a work in progress and it is unique enough to be identified. 

[kgg]

3 minutes ago, Alexis1234 said:

I did take pictures of the tack set as a work in progress and it is unique enough to be identified. 

Excellent.

kgg

[fredk]

How long ago was this?

As you have a postal address I'd send a letter. Include something along the lines that she still owes you $1500 for the sample tack. People usually fall for that and will respond by saying they don't owe you anything for the tack, which, if they word it in a certain way acknowledges that they have it

Do you have one of those 'better business bureaus' that I sometimes read of? Go there and see if they can advise you. No sense me advising you, or some of the others on here, as the remedy available to us may not be the right one for you in Mn

Don't feel bad yourself. Most of us have been in this situation at sometime. Its a calculated risk that sometimes needs to be taken. Sometimes it pays off, sometimes we get ripped off

[chuck123wapati]

5 minutes ago, fredk said:

How long ago was this?

As you have a postal address I'd send a letter. Include something along the lines that she still owes you $1500 for the sample tack. People usually fall for that and will respond by saying they don't owe you anything for the tack, which, if they word it in a certain way acknowledges that they have it

Do you have one of those 'better business bureaus' that I sometimes read of? Go there and see if they can advise you. No sense me advising you, or some of the others on here, as the remedy available to us may not be the right one for you in Mn

Don't feel bad yourself. Most of us have been in this situation at sometime. Its a calculated risk that sometimes needs to be taken. Sometimes it pays off, sometimes we get ripped off

what fredk says a certified letter with an invoice in it and keep all of your communication. And above all what fredk said in another post just the other day don't do it for free and get the money up front you now have an excellent story to tell the next folks who want this from you.

[Alexis1234]

24 minutes ago, fredk said:

How long ago was this?

As you have a postal address I'd send a letter. Include something along the lines that she still owes you $1500 for the sample tack. People usually fall for that and will respond by saying they don't owe you anything for the tack, which, if they word it in a certain way acknowledges that they have it

Do you have one of those 'better business bureaus' that I sometimes read of? Go there and see if they can advise you. No sense me advising you, or some of the others on here, as the remedy available to us may not be the right one for you in Mn

Don't feel bad yourself. Most of us have been in this situation at sometime. Its a calculated risk that sometimes needs to be taken. Sometimes it pays off, sometimes we get ripped off

 

13 minutes ago, chuck123wapati said:

what fredk says a certified letter with an invoice in it and keep all of your communication. And above all what fredk said in another post just the other day don't do it for free and get the money up front you now have an excellent story to tell the next folks who want this from you.

Both excellent ideas! Its been 2 weeks but I'm going to wait a bit longer- just to be sure.

[chrisash]

Two weeks is not a long time for them to have meetings, detailed examination of the sample, compare with other products. the bigger the firm the longer management takes to get through all the steps. buyer chief buyer, sales team, management and so on

[Alexis1234]

That makes me feel better. I'll wait it out and see what happens. I 

26 minutes ago, chrisash said:

Two weeks is not a long time for them to have meetings, detailed examination of the sample, compare with other products. the bigger the firm the longer management takes to get through all the steps. buyer chief buyer, sales team, management and so on

 

[tsunkasapa]

1 hour ago, chrisash said:

Two weeks is not a long time for them to have meetings, detailed examination of the sample, compare with other products. the bigger the firm the longer management takes to get through all the steps. buyer chief buyer, sales team, management and so on

It is 100% long enough for them to acknowledge receipt of said sample. If they will/cannot, then they are a RIPOFF!!!

[Viles]

Did they get back with you? For sure send them an invoice for the item. At the least they may send it back in the mail. They don't sound like their current team knows what are doing. I've done work for winners of Shark Tank and also private branded labels for companies like the Sportsmans Guide, neither asked for a non-compete. Sending samples is always a risk. Only the better companies with pay for samples or give them back. The worse thing that has happened to me was the sample was taken and then given to another company to reproduce by a South African company. 

Six weeks is normal when buyers are considering new items or manuf. I hope something positive and great came from all this. 
 

[Alexis1234]

Update: I just received the tack set back a couple days ago- I'm very relieved! Thank you all for the input.

[hashtagartz]

Would you continue on with them at this point if they wanted to do business?

[Alexis1234]

Final Update: Despite the delayed shipment and extremely poor communication from the company, I had a family attorney take a look at the contract. Based on the contract, company would have had design  rights  to anything and everything that was coming out of my shop- even if it wasn't equine related and  also to  any customer info. I would have been getting paid by the hour, not by the job, which was not the way it was supposed to be..  It was  a totally one sided contract . I decided not to pursue any further communications with this company.

[fredk]

Advice from a good attorney (we call them solicitors here) is worth the money they charge. That one has saved you a lot of money, grief and hassle down the road

[Frodo]

12 hours ago, Alexis1234 said:

Final Update: Despite the delayed shipment and extremely poor communication from the company, I had a family attorney take a look at the contract. Based on the contract, company would have had design  rights  to anything and everything that was coming out of my shop- even if it wasn't equine related and  also to  any customer info. I would have been getting paid by the hour, not by the job, which was not the way it was supposed to be..  It was  a totally one sided contract . I decided not to pursue any further communications with this company.

Have your family attorney amend the contract they want you to sign. to your specifications

Then send it back to them.  you never know, they might like your attitude and agree. 

[kgg]

Smart decision.

kgg

Edited October 19, 2021 by kgg
mis quote

[kgg]

13 hours ago, Alexis1234 said:

I decided not to pursue any further communications with this company.

Smart decision.

kgg

[roo4u]

ive sent a couple samples to prospective customers.  made them pay enough to cover the leather etc. a bit less than my wholesale price.  chose not to be out of pocket for a 'maybe' sale.