Questions

Restaurant Owner Abandon by POS Software Top-of-the-Line Vendor

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Restaurant Owner Abandon by POS Software Top-of-the-Line Vendor

poseducation4u
A top of the line proprietary point of sale(POS) company courts a small business owner with there superior product and services. Consenting parties are content and sign contracts.

1. The contract includes the following:
2. Physical installation of hardware
3. Website(on-line ordering)
4. Point of Sale(POS) training for all employees
5. Google first search page ranking optimize(Store-Location, Pizza & Pasta)

The vendor cashed the check and didnt return. The only thing done was the physical installation of the hardware. An on-line ordering website was not started. Employees were not trained. The owner wanted to run there business more efficiently. He had POS hardware & software that he didnt know how to use.


Need your help! How to rectify this debacle?
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    2 Votes
    cmiller5400

    First of all, you NEVER give a project vendor full payment. Always in stages on agreed upon checkpoints/milestones.

    Second: If the POS company will not honor the agreement (won't return calls etc), it is time to bring in the lawyers to do their dirty work to attempt to recover some of the investment, or make them finish up.

    Third: I know this sounds strange, but if there is proprietary hardware/software involved, the contract signed may forbid you from doing modifications to the hardware and or software. Even though they absconded with the $$, they could possibly come back and sue YOU for violating the EULA contract. Bring the lawyers in.

    Fourth: Good luck! This is definitely a no win situation

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    0 Votes
    poseducation4u

    Thanks cmiller5400, I will thoroughly read the contract to cover my ***!

  • +
    2 Votes
    cmiller5400

    First of all, you NEVER give a project vendor full payment. Always in stages on agreed upon checkpoints/milestones.

    Second: If the POS company will not honor the agreement (won't return calls etc), it is time to bring in the lawyers to do their dirty work to attempt to recover some of the investment, or make them finish up.

    Third: I know this sounds strange, but if there is proprietary hardware/software involved, the contract signed may forbid you from doing modifications to the hardware and or software. Even though they absconded with the $$, they could possibly come back and sue YOU for violating the EULA contract. Bring the lawyers in.

    Fourth: Good luck! This is definitely a no win situation

    +
    0 Votes
    poseducation4u

    Thanks cmiller5400, I will thoroughly read the contract to cover my ***!