Davida's Kitchen & Tiles

We are sorry that this problem has escalated to the point of our prospect contacting the Revdex.com (Revdex.com)We feel that this is a problem easily solved as it is obviously a Breach of ContractA breach of contract is a failure to fulfil the duties under the contract termsA contract
can be breached in the following ways:One party does not perform as he or she promisedWe have fulfilled our side of one contractOne party does something that makes it impossible for the other party to perform the duties under the contractWe have our side of the contractOne party makes it clear that he or she does not intend to perform the contract duties** ** does not want to fulfill her side of the contractA contract is a legally enforceable agreement between two parties, in this case Davida's Kitchen and Tiles and ComplainantEach party to the (attached) contract made a promise to either perform a certain duty or pay a certain amountIf one party fails to act as promised, and the other party has fulfilled the duties under the contract, the other party is entitled to relief, in this case, we performed our part of the contract, that is "allows Davida's Kitchen and Tiles (DKT) to measure, order samples and determine pricing for the following space: Scope of work - Master Bath, Hall Baths, Laundry Room and Basement Bath Vanity." As stated in the contract - that she clearly signed - retainer fee and any subsequent deposits or payments are non - refundableThat one hundred percent (100%) of the retainer fee will be credited to the final contract payment should the Client sign a contract though DK&T within four months of dated agreementThe relief, as stated in the contract, is the Retainer FeeThe contract goes on to say that "it is understood that there will be no credit for the retainer fee if the project is not accepted"And that "All Orders are Final"Complainant signed a contract on August 15, The total cost at that time came to $50,but this did not include labor as she clearly stated in her emails to us that she did not have/or want to see labor pricing in the retainerShe then came back to us asking for a new estimate as she wanted to upgrade the materials and the scope of the project and this would not only add additional monies spent but additional labor as wellWhen complainant realized realized that she was going to spend more than she originally wanted to, she decided to terminate the agreementShe could have worked with us to come to an agreeable conclusion on the final project costs but decided she wanted her $5,backAs clearly stated on the contract, once a contract is signed, and once a project is started, that of deposits are non-refundableShe claims she has "limited knowledge of English" and this is the basis of her breaching the contractWe disagree with using this as an excuse of breach of contract and should not be held liable to refund her the $5,She did have her daughter, who is proficient in the English language, accompany her several times AND send email to us (see attachedWe are hoping the daughter might have helped her understand the contract more clearly, Or, complainant should have had another person, perhaps a business associate, colleague, family member or a lawyer to more thoroughly explain the wording of the contractThe verbiage is clearly stated in the contract and this contract is a very standard contract in the industryWe deal with many prospects/clients that do not have 100% percent grasp of English language (as there are so many diplomats, and foreign persons in the Washington, DC area) and that if there is a problem, they also use an associate, friend, family member or a lawyer or interpret the contractThis has never been a problem for usThis is clearly a breach of contractWe feel that we did not "take advantage of the fact that I did not understand English well" and thus, we do NOT owe her the $5,Please see all attached contracts and emails, Thank you very much for the opportunity to respondKind Regards,
Davida R***

We are sorry that this problem has escalated to the point of our prospect contacting the Revdex.com (Revdex.com)We feel that this is a problem easily solved as it is obviously a Breach of ContractA breach of contract is a failure to fulfil the duties under the contract termsA contract can
be breached in the following ways:One party does not perform as he or she promisedWe have fulfilled our side of one contractOne party does something that makes it impossible for the other party to perform the duties under the contractWe have our side of the contractOne party makes it clear that he or she does not intend to perform the contract duties** ** does not want to fulfill her side of the contract.A contract is a legally enforceable agreement between two parties, in this case Davida's Kitchen and Tiles and ComplainantEach party to the (attached) contract made a promise to either perform a certain duty or pay a certain amountIf one party fails to act as promised, and the other party has fulfilled the duties under the contract, the other party is entitled to relief, in this case, we performed our part of the contract, that is "allows Davida's Kitchen and Tiles (DKT) to measure, order samples and determine pricing for the following space: Scope of work - Master Bath, Hall Baths, Laundry Room and Basement Bath Vanity." As stated in the contract - that she clearly signed - retainer fee and any subsequent deposits or payments are non - refundableThat one hundred percent (100%) of the retainer fee will be credited to the final contract payment should the Client sign a contract though DK&T within four months of dated agreementThe relief, as stated in the contract, is the Retainer Fee.The contract goes on to say that "it is understood that there will be no credit for the retainer fee if the project is not accepted"And that "All Orders are Final".Complainant signed a contract on August 15, The total cost at that time came to $50,but this did not include labor as she clearly stated in her emails to us that she did not have/or want to see labor pricing in the retainerShe then came back to us asking for a new estimate as she wanted to upgrade the materials and the scope of the project and this would not only add additional monies spent but additional labor as wellWhen complainant realized realized that she was going to spend more than she originally wanted to, she decided to terminate the agreementShe could have worked with us to come to an agreeable conclusion on the final project costs but decided she wanted her $5,backAs clearly stated on the contract, once a contract is signed, and once a project is started, that of deposits are non-refundable.She claims she has "limited knowledge of English" and this is the basis of her breaching the contractWe disagree with using this as an excuse of breach of contract and should not be held liable to refund her the $5,She did have her daughter, who is proficient in the English language, accompany her several times AND send email to us (see attachedWe are hoping the daughter might have helped her understand the contract more clearly, Or, complainant should have had another person, perhaps a business associate, colleague, family member or a lawyer to more thoroughly explain the wording of the contractThe verbiage is clearly stated in the contract and this contract is a very standard contract in the industryWe deal with many prospects/clients that do not have 100% percent grasp of English language (as there are so many diplomats, and foreign persons in the Washington, DC area) and that if there is a problem, they also use an associate, friend, family member or a lawyer or interpret the contractThis has never been a problem for us.This is clearly a breach of contractWe feel that we did not "take advantage of the fact that I did not understand English well" and thus, we do NOT owe her the $5,000.Please see all attached contracts and emails, Thank you very much for the opportunity to respond.Kind Regards,Davida R***