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Am I legally responsible for the finished product? - Page 2

post #16 of 80
Has the customer already paid in full?
post #17 of 80
Thread Starter 
Quote:
Originally Posted by jason_kraft View Post

Has the customer already paid in full?

She had given me a deposit for the original cake which I am applying to the cost of the flowers. She is not paid in full at this point but her deposit coveres all but $30.00 of  the flowers.

post #18 of 80

I would definitely not cancel if you are fine with just making her flowers instead of a cake.  Obviously she found a cheaper alternative ( getting her 4 tiers instead of 2 ) which will come to bite her in the butt. But that's not your problem.

 

Just make sure you have a new contract that says " 75 flowers , type of flower, colors " or adjust the one you have to make sure it's not implied in any way you are selling anything else to her in this order.

 

If I want to buy 75 flowers from you and run them over with my car, that's my problem as long as I pay you. And you are not responsible to what happens to them once they are mine, you are responsible to deliver the product ordered.

post #19 of 80
post #20 of 80
Considering you already made the flowers and they are already paid for you might as well continue with the order. I don't think it's necessary to pay for a lawyer for this, as long as the invoice clearly states the amount ordered and limits your liability to the flowers (specifically excluding the cake) you should be fine.
post #21 of 80
Thread Starter 
Quote:
Originally Posted by Pyro View Post

I would definitely not cancel if you are fine with just making her flowers instead of a cake.  Obviously she found a cheaper alternative ( getting her 4 tiers instead of 2 ) which will come to bite her in the butt. But that's not your problem.

 

Just make sure you have a new contract that says " 75 flowers , type of flower, colors " or adjust the one you have to make sure it's not implied in any way you are selling anything else to her in this order.

 

If I want to buy 75 flowers from you and run them over with my car, that's my problem as long as I pay you. And you are not responsible to what happens to them once they are mine, you are responsible to deliver the product ordered.

Thank you! I am going to do it, I feel bad this bride is set up for disappointment, but I guess as long as my invoice reflects only what was purchased from me, and I am going to have her sign off on it,  I should be ok.

I won't do this again...

Furthermore I question a baker who would accept flowers made by another designer , sight unseen, sizes unknown, to decorate a cake I am responsible foricon_confused.gif.

post #22 of 80
Thread Starter 
Quote:
Originally Posted by jason_kraft View Post

Considering you already made the flowers and they are already paid for you might as well continue with the order. I don't think it's necessary to pay for a lawyer for this, as long as the invoice clearly states the amount ordered and limits your liability to the flowers (specifically excluding the cake) you should be fine.

Thank you Jason, that's where I was hesitating. The lawyer would have cost more than the cost of the flowers and it would be a losing situation for me, but worth it if she was to get sue happy.

Thanks again for your legal expertise icon_biggrin.gif

post #23 of 80
Thread Starter 
Quote:
Originally Posted by Pyro View Post

Here's 4 tiers, enjoy !

 

LOL, actually, that's what I am picturing happening. We have very few designers in my area, and even fewer that can construct a 4 tier fondant covered cake with professional results. I know most of them, and their prices are in line with mine. I'm hoping I get to see the end result of 4 cheap tiers, at least the flowers will be nice icon_wink.gif

post #24 of 80
If there is a problem with the cake and the bride ends up suing (realistically this has a slim chance of happening) you may end up on the receiving end of a lawsuit as well, regardless of what it says in your contract. Your liability insurance company will protect you in case this happens and should get any potential suit thrown out quickly.

The bigger concern would be having your name associated with a potential cake wreck.
post #25 of 80
Thread Starter 
Quote:
Originally Posted by jason_kraft View Post

If there is a problem with the cake and the bride ends up suing (realistically this has a slim chance of happening) you may end up on the receiving end of a lawsuit as well, regardless of what it says in your contract. Your liability insurance company will protect you in case this happens and should get any potential suit thrown out quickly.

The bigger concern would be having your name associated with a potential cake wreck.

Ahhh, hopefully it won't go that far, if by chance it does I do have some excellent liability insurance ( at least my agent says I do ).

I thought of having my name attached to a cake wreck, and it bothers me, on the flip side, should this cake lady" pull it off, she will be getting the credit for my work thumbsdown.gif

It stinks, never again...never again.

Thanks!

post #26 of 80

I would take a picture of 150 of the flowers on the dummy cakes, send it to her...then take a picture of 75 flowers on the dummy cakes and send it to her...Showing her what each looks like.  If she still wants just 75, fine...Sell them to her.  Keep the emails, just in case.

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post #27 of 80
Quote:
Originally Posted by Paperfishies View Post

I would take a picture of 150 of the flowers on the dummy cakes, send it to her...then take a picture of 75 flowers on the dummy cakes and send it to her...Showing her what each looks like.  If she still wants just 75, fine...Sell them to her.  Keep the emails, just in case.

 I think that is a great idea!

post #28 of 80
Quote:
Originally Posted by melanie-1221 View Post

Months ago I agreed to make a wedding cake for a friend of a good friend. I told her at that time I was going to be out of town on her wedding day but it was a small enough cake ( 2 tier ) that I could get it to her family member the night before if they were willing to transport it. I normally wouldn't even offer to do this but it was a friend of a friend looking for a very unique design that no bakery in our area would make.

 

A week ago ( 3 weeks before the wedding) she contacts me and says her and her fiance were talking about it and they found another 'cake lady' to make their cake but they still needed me to make the flowers.

I should have said no, I know I should have said no, but I didn't because I can understand  their concern with me not being in town on their wedding day and I want it to be the cake she has her heart set on.

The " new cake lady" has promised them a round 4 tier 14,12.10,8 inch will serve 350 peopleicon_rolleyes.gif

The cake has cascading 1 and 1.5 inch flowers down the front and also cascading down the back I set them on a tier of dummy cake here, multiplied and came up with 150 minimum she would need to achieve the look of the cake in the photo she provided.

She comes back to me and says " the new cake lady says 75 will be plenty". I advised her I didn't feel that was going to be near enough but she is sticking to it. 

My concern is, this cake is going to look nothing like what she is expecting and she is going to be VERY upset.

I am considering having my lawyer draft a document for her to sign releasing me from any liability of the finished product. Also, stating that I advised her of an issue and she declined to make any adjustments to her order.

I have never been in this situation before and unsure if I would even be liable for the finished product seeing as I only supplied the flowers to the " cake lady"? 

Any advice? Anyone ever been in a situation like this? Am I being over paranoid? I'm REALLY regretting not just saying " no" now.

Thanks in advance!

I didn't finish reading all replies so this may have already been brought up, but first and foremost i'd tell her the new cake lady is wayyyy off on the servings she promised her...a 14.12.10,8 is not gonna serve 350. not even close.. so i'd bring that to her attention ASAP.  as far as the flowers, you gave your professional rec and that's all you can do. if she wants 75 then fine, 75 it is. but yeah, i'd definitely bring the serving issue to her attention. good luck!

post #29 of 80
Thread Starter 
Quote:
Originally Posted by Paperfishies View Post

I would take a picture of 150 of the flowers on the dummy cakes, send it to her...then take a picture of 75 flowers on the dummy cakes and send it to her...Showing her what each looks like.  If she still wants just 75, fine...Sell them to her.  Keep the emails, just in case.

Thank you!

Maybe if I give her a visual it will click .. I don't know for a fact but I'm thinking she just wants to do it as inexpensively as possible and doesn't want to pay for the additional flowers.

She was on a VERY tight budget when booking the cake and unless she has experienced some sort of cash windfall, I think this is still the issue.

post #30 of 80

Is this new cake lady charging her for 350 servings and giving her half of that basically?

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I homeschool because I've seen the village and I don't want it raising my children.

 

http://whynotethiopia2.blogspot.com/

 

 

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