Late delivery of custom printed goods

On Jun 26, 6:29 am, "Alan" <alanb_lano2s...@yahoo.com> wrote:

[Custom printed shirts ordered by OP's customer HHH were not delivered in time for an event, where on-time delivery was an express condition of the contract]

> the legal question is this. Suppose HHH refused to pay
> for the t-shirts

Upon the stated facts it seems pretty clear to me that HHH doesn't owe OP's compnay for the late-delvered shirts.   They agreed to pay for on-time shirts, not for late shirts, no matter what the cause; the shirts were worthless to HHH after the event was over.   OP's job, if he wanted his company to get paid, was to make sure 6-ways-to-Sunday that whoever was actually delivering and picking up the shirts didn't drop the ball.  OP in fact mentions quite a few things his company could have done, but didn't, to keep tabs on things and make sure these other foax, who were actually handling the package, knew the consequences and didn't blow OP's company's chances to make this sale by failing to deliver on time.

> and also wanted to sue someone because their press
> conference failed to the degree that the shirts didn't appear in press
> coverage,

That's more of a stretch, since it's harder to prove that kind of damages, but theoretically, if the customer can reasonably quantify such a consequential loss, they can recover damages for it.

> would they sue us or Jane Doe?

Potentially both, but query, what duty did Jane Doe have to HHH?  What HHH would probably do is sue OP (if they go that far, and don't simply refuse to pay), and then OP could turn around and implead Jane Doe (or her employer, the event venue) as a third party defendant since she is the one who in actuality failed to be there when she promised OP she would be, to receive the package.

But query: What consideration if any did OP pay Jane Doe for her promise to get to the office at 7 am to accept this package?  Was there a separate deal between OP's company, and Jane Doe, to do this, or was it something in the deal between HHH and Ms. Doe's employer?  Or did everybody just assume it was "part of her job" in representing the hotel or wherever this conference was held?   There's lots of ways the facts could shake out, and as usual, "it depends."

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