yellow book usa ad not as promised

This is a discussion on yellow book usa ad not as promised within the Business Contracts & Partnerships forum, part of the BUSINESS & FINANCE LAW category; I placed a display ad, which was the sales rep's brainstorming, with the understanding that by the time the art ...

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Old Apr 22nd, 2008, 09:43 AM   #1
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Confused yellow book usa ad not as promised

I placed a display ad, which was the sales rep's brainstorming, with the understanding that by the time the art department contacts me(which was not specified when), I would have a better idea of content. I had specifically told the rep that I wanted my picture on all my ads, which I subsequently had professionally done and sitting in my desk waiting for their contact. The next I hear from the co., it is the bill for remainder of balance due. They said that they sent me a proof through regular mail, which I did not get. They refered me to the back of the form to the fine print, which states they do not need my approval, they may choose to send me the proof, and if mistakes are made, they will discount %15. They have referred me to collections. My question is, can they use an agreement tucked away in the back of a form in the smallest faded font to get away with providing a shoddy service?
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Old Apr 22nd, 2008, 12:42 PM   #2
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Default Re: yellow book usa ad not as promised

Not really--you can challenge that and refuse to pay for the full product. You should pay some amount if the ad served some purpose for you. That is likely what a judge will do.
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