"he Said, She Said" Help!

Business By HammIamm Updated 7 Aug 2008 , 6:18pm by ccr03

HammIamm Posted 6 Aug 2008 , 11:34am
post #1 of 12

on july 19th I did an order for bride, its was a 3 teir artifical wedding cake, which I rented out, got a $120 damage deposit. she also got slab cakes for 130 people.
i get to the hall. they know nothing baout the slab cakes. they don't know what to do with them.. eventually we sort it out. i set up the edding cake, take a picture done.

on the mondya following the event, the mother and father of the groom (who are from out of town) return the cake. i notived that they had packed the cake in the way back of their van, pratically under their suit cases, and there was a pop bottle pushed into the cake. so the cake not have a dent in the fondant, butterflies are missing and the gerbera daisy is broken off the front.
I e-mail the bride and groom to let then know i was only sending back 1/2 of their deposit as the cake wasn't returned to me in the original condition. ( i figured i would not keep the whole deposit, as most of the cake was fine, but i still needed to be compinsated for my time and supplies, right?)

last night aI get an e-mail from the bride
"the person who dropped it off said the cake was fine"

luckily I took a picture of the cake when i received it. I sent it to her.
and i get an e-mail back
"we appreciate the response, but i will be sending you more pictures"

what does that mean??
i have been nothing but honest with EVeryone!!! its $60. i mean if i was gonna cheat them, then perhaps i'd keep the whole $120???

this get me madd!
thanks icon_smile.gif

11 replies
loriemoms Posted 6 Aug 2008 , 11:42am
post #2 of 12

when they dropped off the cake, did you point out to them that the cake was damaged and have them sign something stating this? This really does avoid any kind of issues..whenever I get something back rented, I look it over with them standing there, and then hand back a check (or thier check if it was a deposit to be held). If they don't have time to wait, I tell them that I cannot gaurantee full deposit return. They usually find the time...

HammIamm Posted 6 Aug 2008 , 11:48am
post #3 of 12

yes! did get them to sign the contract. I don't give up any deposits right away. I feel too rushed to look everything over. so i send them back later in the week.

foxymomma521 Posted 6 Aug 2008 , 11:53am
post #4 of 12

You need to tell it's not open for discussion. It was damaged, and you were being nice by offering half back. If she has a problem she can take it up with MIL and FIL... She has no room to argue about this.

FromScratch Posted 6 Aug 2008 , 12:21pm
post #5 of 12

They signed something, but did you go over the cake with them? Did you point out the damage? Not that I am saying you should give them back their deposit.. you are nice than I am because they would be getting nothing back if it were me. If you didn't point out to them the damage though they may feel that they can bully you. Don't let them. Stay calm.. point out the damage.. send them their check for $60. If they want to take it further.. you have your signed contract, their signature on the return contract, and your pictures of the damage.. you are covered if they want to take you to court.

Simply write them an e-mail and a certified letter through the mail with pictures stating there was damage and thier deposit return is $60.00.. you owe them no more.

CakesByJen2 Posted 6 Aug 2008 , 5:05pm
post #6 of 12

It sounds like they are planning to send you pics from the reception showing either the cake was in good condition (which has nothing to do with anything; it's the condition it was in when it was returned that counts), OR they have pictures showing that there was already some damage to the cake. Perhaps the reception staff had caused some damage, so they felt they needn't bother with being careful with it. It doesn't matter; once it left your possession they are responsible for it. Do you also have pictures showing that it was in good condition when you left it? IF so I would send both pictures, detail the damage and describe how poorly it was transported when returned, say this how much you get back, and that's that. In the future, I would do an inspection and take photos at the time it is returned, with whomever is returning it present, and point out the damage to them. Maybe even have them IN the picture with the cake, to prove that the cake was not damaged later.

jules1719 Posted 6 Aug 2008 , 8:38pm
post #7 of 12

My 2 cents...

I think the most important thing is what CakesbyJen2 said, it doesn't matter where or how the cake was damaged (or other rental item). What matters is the condition the item was returned in, and the person that signed the contract is the one responsible regardless of any middlemen.

Of course, you should have pointed the damage out when the item was returned.

CelebrationsbyLori Posted 6 Aug 2008 , 9:12pm
post #8 of 12

I actually have a little clause in my contract under liability regarding just such a situation. It goes a little something like this: "Consumer is responsible for return of all hardware, cake stands, fountains, etc. used in cake set up. Pick up of items is NOT available. If an agent of the consumer mishandles in any way the return of hardware, etc. the consumer assumes all responsibility for damages or late return fees."
I have never had a problem with anyone being annoyed about losing their damage deposits. Usually they know they've done it!

HammIamm Posted 6 Aug 2008 , 9:28pm
post #9 of 12

thats for the imput.
i have pictures of the cake set-up at the hall.
I guess i could have inspected it, but then again, it was the monday they brought it, i wasn't expecting them till the tuesday. and if it was a staff member there to receive the cake, say i went out. I wouldn't expect a high school student to inspect it...

Sweet-Dreams Posted 7 Aug 2008 , 12:50am
post #10 of 12
Originally Posted by HammIamm

I wouldn't expect a high school student to inspect it...

Hey! I take offense to that! icon_wink.gif

BlakesCakes Posted 7 Aug 2008 , 5:05am
post #11 of 12

Simple reply:

Unless you were present when the cake was actually returned to me, and I don't believe that you were, photos taken at any other point in time will not supercede or negate the extreme damage done to the dummy after my delivery to the reception site and prior to it's return to me.

The refund of the entire deposit amount was predicated on the dummy being returned in the same condition it was in upon initial delivery. It is, in no way, in that type of condition.

I must retain a portion of the deposit in order to be compensated for the time and materials that will be required to return it to a condition that would allow me to re-rent it.

This situation is no different from renting a car from Hertz, Avis, etc. If a car is damaged upon return, the renter must pay a fee (or make an insurance claim) that not only pays for the damage, but for the time the car is out of service while being repaired.

I, too, think that you're being very kind offering any type of refund of the damage deposit. I'd keep the entire thing.

Just my .02

ccr03 Posted 7 Aug 2008 , 6:18pm
post #12 of 12

something to keep in mind/consider.....

I used to rent cars ALL the time and this is what Enterprise did -
Walked around the whole car w/me and checked for any little thing wrong. tiny scratch - whatever and made a note of it on the contract.
Then when I dropped it off, it was the same thing. That way if there were any other/additional damages we were both present and they were pointed out then and there. Only after that did I sign and get my receipt.

I recommend you do something similar if plan to continue to rent out cakes.

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