We had our wedding in 2013. We found out after calling the photo company's office at the time that they had closed shop (we were informed by the landlord that the photo company was no longer occupying that space). We tracked down one of the partners of the photo company and confirmed with us that they have indeed closed shop, but will be finishing up deliverables soon. It is now 2016 and we have yet to receive our photo albums and edited video from the photographer. We have been asking and prodding for the albums/video thru email and phone calls. We get the same answers that they'll get us the deliverables soon, but never give us a definite timeline/ deadline whenever we call them. If it's thru email, rarely do we get a response from them. We fulfilled all the prior payments as indicated by our contract, about 95% of it, with only the last payment to be made upon receiving the albums/video. But this long of a wait is just ridiculous!!! At this point if they cannot get us the albums/video then we want a refund! We want to know:
1) Is there someway we can compel them to give us the deliverables? And
2) How do we go about asking for a refund? Because as far as we're concerned, we paid them to deliver services WHICH THEY HAVE YET TO FULFILL (in a timely manner, I might add) , and they have NOT rightfully earned that payment yet, so we deserve a refund.
3) We see the person working/ shooting for another company, and basically find it unfair that he is able to complete commitments with other clients. Is there a way to have him complete his obligations to us via the company he is working for? We highly suspect that he is out of funds to complete ours and previous client's deliverables (which is NOT our problem to begin with!), but our contract has a clause which states if the photo company isn't able to complete their services, that they can have another team to complete the service. That is my understanding of that clause, don't have the contract with me as i type this, but I can look it up and post it verbatim on here when I do.
Any help/answers/ advice will be appreciated. Thanks!