What to do if I built some product for a customer three years ago that sat on my property that is fenced and locked?

I did not charge storage and we had no written storage agreement.last week the customer came to pick up the product and discovered that about half was missing.The product had been paid for three years ago.The customer expects me to rebuild the product ASAP. What our my legal obligations. Can I charge storage if the customer is holding me liable, can I pay the vaule back to him at the original invoice price.

Asked on January 20, 2013 under Business Law, Kansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Whether or not you can contractually and legally charge for storage of your customer's product depends upon what the presumed invoice for the item states. If it does not state so then contractually and legally you cannot charge storage fees for the product.

If the paid item needs to be rebuilt when such was under your custody and control, then you need to do so as party of the original contract price and eat the expense to do so. If you do not wish to do the above, you can refund the customer the price paid for the item but from a business perspective such is not a wise idea.

In the future, you should make sure all signed contracts for product construction should have language of storage fees to be paid by the customer of so much per month if not picked up in 15 days or so of notice so you can get product off of your property.


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