COMPLAINT Against Vendor for Misrepresentation and Non Performance.
Complainant: Ikebana International, a non-profit Association located in Naples FL.
Respondent: All My Sons Moving & Storage of Ft. Myers, Inc.
Summary:
Respondent was contacted by Maureen Klingman, President of the Naples Ikebana Chapter for assistance in moving boxes of assorted merchandise from storage at 275 Goodlette Rd. On 2:30 pm Wed. March 21 to a place of exhibition and sale at the St Katherine's Greek Orthodox Church at 7100 Airport Road, Naples, and to be picked up and returned to storage on 4:30 P.M. On Saturday March 24th.
The terms and conditions of the work to be performed were negotiated. Complainant insisted that she would only engage the services of this mover if he were insured and covered by Workmen's Compensation. She was assured this was the case, and was promised that she would receive requested proof to that effect. She further underscored that complete compliance and punctuality in both the delivery to and removal of goods from the Church were of absolute essence because of a strict time deadline imposed by the Church. The premises were required to be emptied to make way for other public functions. She was assured by moving company representatives Justin and John that they would punctiliously observe these requirements.
Persuaded that proof of insurance was forthcoming, and relying on these assurances, Mrs. Klingman entered into the written agreement of March 21st signed by both parties. A copy of this agreement is attached to this complaint.
It was fully and unmistakably agreed that the items in question would be carted to the Church on Wednesday, and would be picked up and returned to the same Storage place on Saturday March 24th at 4:30 pm by said moving company for a total price of $381.60.
Non-Performance of this Agreement
1) Proof of Insurance, without which this agreement would never have been made, was not supplied in spite of repeated demands to that effect. This misprepresentation was apparently made in order to secure the order.
2) Respondent did not complete the services called for in this Agreement. He did not in fact appear at the Church on Saturday March 24th to load and haul goods back to Storage, and did not in any way state conditions which might indicate that the services would not be performed exactly as required by contract.
3) Damages ensuing and remedy demanded.
It being Saturday evening an emergency situation was created for Complainant requiring extremely difficult and hastily improvised efforts to protect the merchandise, to secure the services of a truck and driver, to load and haul approximately ton of boxed goods back to storage on Goodlette Road.
As a remedy Complainant therefore demands the return of the partial sum of $190.80 already paid, and an additional sum of $350.- for an emergency truck, driver, and helpers, required to return the goods to storage, and to avoid storage penalties.
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