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Dana
Dedicated September 2013

How to Handle a Vendor Breach of Contract

Dana, on December 2, 2013 at 2:45 PM Posted in Etiquette and Advice 0 11

WWers, as usual I'm coming to you for advice... Here's the situation, my wedding date was September 21st. It is now December 2nd and I have gotten ZERO photos back from my photographer. No digital proofs, no teasers, nothing. Our contract states that our photos will be made available for online viewing within 4 to 6 weeks of our wedding date. It has now been 10 weeks. My photographer was paid in full (not including a tip) on my wedding date, but at this point, we're planning to ask for a partial refund. What do you all think is an appropriate refund request for a vendor who breached his contract and missed his contracted deadline by 4 weeks??

11 Comments

Latest activity by FutureMrsP, on December 2, 2013 at 3:04 PM
  • Lisa
    VIP September 2014
    Lisa ·
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    I would have emailed that dude the day after 6 weeks was up. Have you contacted him at all or heard from him? I'd tell him that it has been a full 4 weeks after the photo due date and you expect him to remedy the situation financially and with access to the photos within 1 week.

    You could probably word it differently but I'd be out of my mind at this point.

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  • LavenderJoy
    Master September 2014
    LavenderJoy ·
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    OMG! That is horrible. I'd be BEYOND PISSED! Have you tried reaching out to them at all?

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  • Dana
    Dedicated September 2013
    Dana ·
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    I spoke to him at about the 5 week mark. He said he needed to finish editing our photos, and would get them to me that weekend. Never heard from him after that. Two weeks after that, I contacted him again. No response. And nothing since then.

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  • Kate
    Master December 2013
    Kate ·
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    Is it a company/studio? or just a guy?

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  • Jaimee G.
    VIP January 2014
    Jaimee G. ·
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    I would be taking action ASAP agreed with Amy he must have lost them. This is my biggest nightmare. I'm sorry Smiley sad start bugging him nonstop and if no response threaten lawsuit and you'll hear back right away I'm sure

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  • Dana
    Dedicated September 2013
    Dana ·
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    We used a husband/wife team, but the wife was unavailable on our date so our photographer was just a guy who had an assistant. But he had really good reviews on here and elsewhere.

    Thanks, Jaime, for the advice. I'm sorry you went through the same thing Smiley sad

    Everyone else -- how much of a refund ($ or %) would you request?? I am fuming mad right now so I am having trouble thinking straight.

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  • Barbara
    Master September 2014
    Barbara ·
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    Certified letter from on an attorney's letterhead. Ask an attorney friend or you can look into getting something like legal shield (www.legalshield.com) so you don't need to pay an arm and a leg.

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  • Jaimee G.
    VIP January 2014
    Jaimee G. ·
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    If it were for me I would be asking full back for all the stress he caused me. No way would I be playing that game.

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  • L
    Master February 2015
    LetItSnow ·
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    I would just call him every day until you hear back from him- leave messages, email, let him know you are disappointed you haven't heard from him etc. Let him know you are concerned because it's well past the contract date for you to receive the photos etc.

    I wouldn't threaten anything yet since he may not be done the photos- you don't want him to do a crappy job just because he decided he hates you.

    I'd wait to ask for a refund after you actually receive the photos.

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  • Jillian
    Expert December 2013
    Jillian ·
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    I agree with LetItSnow.. I'd wait to completely threaten him and things because ultimately, you want your photos. After you get them I would definitely go after him full force for some compensation but if he realizes that you're going to come after him for the money back regardless, he may decide that he will screw you too and say he 'lost them' even if that's not the case, just to make himself feel better about it.. some people are nuts like that!

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  • FutureMrsP
    Master October 2014
    FutureMrsP ·
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    Start with a certified letter with return receipt - or you can do UPS/FedEx with signature confirmation -

    You need to ask in writing for the pictures/proofs and explanation of the delay as it in breech of his contract.

    I would not bring up a refund in the letter - unless you want to say that you have had pain/suffering from not having the pictures -

    I would do a little math - use your base cost and take 10% off per week - seems easy enough since you are 10 weeks post wedding.

    Also, I would go and sit at the guys house to make sure you get what you need.

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