I work in healthcare in Canada. I purchased a expensive piece of equipment made by a large multinational manufacturer who has yearly revenues over 4 billion dollars. I can’t deal directly with the manufacturer, and have to go through a intermediary supply company to purchase the equipment. Part of the purchase contract was a rebate given by the manufacturer after the sale was complete. I have been on them since 5 or 6 months after the purchase, but they have yet to issue the rebate. Currently it is 14 months since the purchase, and they say they are “working on it”. An email from the manager of the manufacturing company two months ago said “I understand your frustration and am working to get you your cheque asap. I’ve escalated it to the US and they are working on resolving this timing problem. I have asked for any more details they can provide for timing and if I hear any more details regarding this I will let you know.”
The rebate should be no issue to them financially, but it is meaningful to me. I have taken this as far up the ladder as I can with the manufacturer and the middleman, and just keep getting put off. I get that the middleman has not control of this, but it does reflect on them that their supplier is screwing me, and I have told them as much. I have threatened legal action, but not done any follow up with that.
Any suggestions?
Do you mean that you purchased it as an individual for work use, or that your employer purchased it?
How much money is the rebate?
Is there a written purchase order or contract? If so, is it with the rep or directly with the manufacturer?
Do you mean that you purchased it as an individual for work use, or that your employer purchased it?
How much money is the rebate?
Is there a written purchase order or contract? If so, is it with the rep or directly with the manufacturer?
I own the business, and it was purchased by the business. The rebate is mid five digits. The contract is with the rep, but the manufacturer is included as the one who will supply the rebate.
I would think that a letter from a lawyer, with copies of all correspondence might get that ball moving. They (not sure which one) are hoping that it will become too much of a pain for you, and that you will just let it go.
For the US company, file a complaint against the company with the BBB - that sometimes motivates them. And if Canada has something similar - file against the Canadian company as well.
I think that it can be common for companies not to honor their rebates and draw out the process of claiming it.
I would think that a letter from a lawyer, with copies of all correspondence might get that ball moving. They (not sure which one) are hoping that it will become too much of a pain for you, and that you will just let it go.
For the US company, file a complaint against the company with the BBB - that sometimes motivates them. And if Canada has something similar - file against the Canadian company as well.
I think that it can be common for companies not to honor their rebates and draw out the process of claiming it.
Yeah, unfortunately, this is why god invented lawyers.
Get a lawyer involved, file a lien against whomever you can for the value of the rebate. Usually just the threat of a lean kicks money loose.
Thanks all.
I probably needed to hear it from others to confirm what I need to do.
What were the payable terms on the rebate. I’d get legal letters issued for interest plus rebate for whatever the duration is.
What were the payable terms on the rebate. I’d get legal letters issued for interest plus rebate for whatever the duration is.
Maybe he can charge for his time spent trying to recoup it.
Our contract for services have payable terms. They don’t pay we immediately send letter to payables setting out the interest terms and our public sector clients pay. It has to be worth looking at taking legal advice
Be careful about waiting too long. For example, in Ontario there is an overall 2 year limitation period that would likely apply to your type of claim. Make sure that you check the limitation period for your province and don’t let that time period elapse without crystalizing your rights by commencing legal proceedings. An unscrupulous supplier might use this kind of delay tactic to avoid paying this kind of rebate.
I assume you’ve taken delivery of the equipment?
If so, it’s time to lawyer up. Unfortunately that means some of your rebate goes to a lawyer now.
The purchase contract is everything. So depending on how that was worked out and wrote, would depend on the direction. However, after purchasing somewhere in the neighborhood of $75m in capital equipment over the last 10 years. If going up the chain in both the manufacturer and your supplier has got you nowhere, it is time for a lawyer to look at the purchase contract.
Typically in my case with recurrent suppliers, they will jump through hoops to make things happen. That doesn’t seem to be the case here. I also would have access to internal buyers and lawyers. It is extremely rare that it end up on a lawyers desk. In my case, I have never had to go there. I currently manage some equipment that it did and that has been a great experience…not.