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1 UNFINISH CONTRACT WHAT'S LEFT FOR REFUND???? on Wed Sep 30, 2015 12:37 am


Arresto Menor
A pleasant day everyone!

I would be grateful and happy to get an advice regarding a purchase contract that I made last June 2014 to a printer company. The unit cost is at 2million pesos. I opted to sign a contract for a 12-month instalment, since we started last June 2014 I only paid 300k and due to lack in funding I wasn't able to push through with the purchase. My question is, is there a chance to get a refund even a portion of the amount i have provided them? Please note that I didn't get any item as well as the printer, technically I didn't get anything from the company. I also lost contacts with them since January 2015. I'm just thinking if I have the right to ask them now to get a refund? I really need some cash because my business is having trouble with its finances and I look at this pending transaction as an opportunity to get additional funds.

Please help.

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Reclusion Perpetua
Yes, you have a right to get the partial payment back, unless there is some sort of agreement that justifies their keeping of the P300k payment, like a reservation fee of sorts. Absent such a stipulation, you should be able to get the amount back since the printer was not even delivered to the company for the company's use. Unjust enrichment yun in the part of the other party since they kept the P300k payment even without parting with the printer you supposedly partially paid for.

If the printer company cannot be reached anymore, go to the nearest Public Attorney's Office and ask for assistance in filing a case for collection of a sum of money against said company. Keep every transaction record you made with them to prove the payment you made for the printer. If there are written contracts, keep them as well and bring such in the PAO's office for their perusal.

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