The point is Ben never thinks things out intellegiently and has this easy going aura of being to subborn to know when a good deal to resolve a problem is before his eyes.... Why ? The answer is very simple. Ben like to fish, and he is an absentee employer.
......
Contrary to what Ben may have told you, I could have taken anything I wanted without paying because I have ALWAYS paid. There were times a deposit was given and times when no deposit was given.. That was not the criteria for the sale. It was based on good faith and I never would attempt anythng dishonest with Ben. Most of the time my dealings were with Billy because...............Ben was never there.. He was fishing.
So let me get this straight....Apparently you didn't comprehend what I said on page 8 in my first post in this thread.
First of all...what does Ben's hobby with fishing have
ANYTHING to do with the fact that you won't complete a sales transaction? Basically you just told us that you don't want to pay because he is stubborn and likes to fish, and in the next paragraph you say that his manager, Billy, is basically inept...and therefore you shouldn't have to pay, or almost just as worse, only make up for the "cost" of the animal.
Yes, sometimes sales agreements are done on good faith. I worked in the shipping industry. If a situation arose where I needed to outsource a delivery or a service, to do _____ at _____ time for _____ reason, then the XYZ company I called would go do it knowing that we had just entered into a sales contract, which then, after the service was provided, an invoice would be sent and funds would be dispursed to their accounting department. I'm pretty sure transactions such as these, done
IN GOOD FAITH happen every day, all around the world.
Basically, what you have just told us, that under a sale in good faith, under the TOS of Ben's Live Animal Guarantee, that the fact he came to you and asked you for the remainder of the funds (basically sent you the invoice) and you refuse to pay, or pay less than the agreed upon amount...that this is OK?!
In your last paragraph, you once again hint at your displeasure at dealing with Billy (as you feel he is incapable of meeting your requirements upon fulfilling a sales agreement) and wince out another excuse that Ben is at fault because, (quote) Ben was never there.. He was fishing.
Pathetic. You clearly do not understand business law, good faith laws, contract agreements, or even just manning up and accepting the consequences for an apparent lack of following protocol.
Your past transactions with Ben have nothing to do with this one. Each sale is independent of itself. So...I invite you to read my post on page 8 where I clearly describe the events of the transaction you made with Ben, and where you have fallen short, and what you need to do end this. Better Yet, I will make a shortened list for you.
1. You entered a sales agreement. 10% up front, 90% to be paid off.
2. 7 day Live animal guarantee starts.
3. 7 days later, the guarantee ends.
4. Appx 21 days later after the sale. you claim animal was sick, died, and the body discarded.
5. #4 does not apply at all to sale because it is outside the time limit.
6. $900 still owed on animal...
7. You refuse to pay.
Just about as basic as it gets. You still owe money on the animal. Try returning a broken TV to Best Buy or Walmart after the manufacturers 30day standard warranty. If you put the TV on a payment plan...you are still required to pay it off even though the TV is no longer working and not under warranty.
The logistics of the business transaction alone find you at fault of completing the contract...all these excuses for "he likes to fish" or bringing up the death at Ben Siegels storefront have, once again,
NOTHING to do with your business transaction with Ben! He doesn't want the cost of the animal to be paid off...THAT IS NOT HOW THIS WORKS! How is this not getting into your skull!?! PAY HIM WHAT YOU LEGALLY OWE HIM!!