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funnygirl | Do I have to pay for the proofs? If a print design company goes into administration (bankrupt)? |
I hired a print design company to design a brochure for our company. They had it nearly finished and went into administration. This company was bought out by a bigger company. I have paper copies and pdf of the 'almost done' proof. One of the 4 original employee left tells me that nothing has changed and everything goes ahead as it was with the old company. I heard the rumour and was forced phone them as they didn't bother to let me know. I had to coax this employee into telling me her company went into administration and now am having difficulty trusting what they say. Can we take the proofs and run? Nothing has been signed by us or the original company. |
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Feeling Mutual
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So you are asking if you can cheat this company by not paying them.
A contract is legally binding even if not in writing. It is just harder to prove in court. Unless you are prepared to lie under oath about it, I would say honor your agreement. |
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tonyflair2002
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If you have signed nothing - RUN.RUN.RUN.
Do not make any contact with the now defunct Co.
Just carry on.
You may be contacted by the appointed administrators.
IGNORE THEM.
I was in the same position. Was threatened with the New Admin. Co. but I ignored them. They have bigger worries - and of course are out to get as much in the coffers as possible.
So, do not give them ANYTHING.
They are PARASITES.
If you want to be rude tell them to "GET STUFFED". They will get the message.
Any trouble - mail me their e mail address. I will tell them a few home truths. |
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krismcewan
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They may ask for payment. but its all up to the administrators or the new owners. You may be lucky and since you didnt receive a full order they probably wont care about the proofs if you went elsewhere.
The proofs are nothing really. you take them to another company you will still have to get proofs done by them as they will need to setup and test thier printing machines for your work.
I would get the copmany to complete the work and invoice you. then you have the merchandise and if they go under you get the stuff for free. Then again the price may have went up. |
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confucious says
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there is certain amount of risk involved here and if you dont want to take the risk that you may never recieve the product
dont pay. as you say there is no contract so they cannot sue you and you are obviously uncertain about the outcome if you proceed.
If they have gone into administration they will probably not have the money to sue you anyway. dont pay until the matter is resovled to your complete satisfaction and you are sure the new company can fulfil the obligations you require |
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wacky
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Not much chance of getting your brochure creditors with more to loose will get first bite of the cherry |
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Elayne
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you should be able to print from the pdf files, however, if you need to make changes to it, your new graphics place may have to use different fonts. The pdf files should be enough for the new designer to work with.
As a designer, sometimes when I have to edit pdf file the text gets whacked out.
As for the ethics of being loyal to the original company. If they weren't being honest with you, I wouldn't care what they think. |
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Regina T
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Most PDF proofs are low-res and print poorly. And sometimes there are security features that prohibit printing or altering by another designer. You'll need everything recreated.
If you provided all the text and ideas for the concept, you can take the copies that you have in your possession and have another graphic designer recreate everything from scratch and modify the design slightly. That shouldn't be a big deal, HOWEVER, if the firm created a specific marketing theme, tag lines, slogan, etc. I would be afraid to take that somewhere else. They basically "own" it until you purchase it from them. Since you're not under contract and you seem unhappy with their work, I would confront them. They will either step up and complete your project or consent to allow you to take it elsewhere. |
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mark
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The proofs are the property (intellectual mainly) of the design bureau and unless you have a contract saying otherwise it is likely that will always remain their property.
If the company was bought out, the property of the company in administration would've been bought too - and that includes your design.
So, in short, yes you would have to pay.... |
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