Dear: Ref: Purchase of ____________________.
On ___________________(Date), you purchased from us ______________, signed a contract for them, and gave us a nonrefundable deposit for $ ________________.
Per your written instructions, we prepared the goods immediately and have repeatedly tried to contact you for you to take delivery of them. However, you have not responded to our repeated attempts to contact you.
Please be advised that under the conditions of your signed agreement, that unless we receive your written confirmation that you wish to take delivery of the goods within ten (10) days of the date of this letter, we will apply the deposit to our liquidated damages under the contract. We will thereafter consider this matter closed and your deposit forfeited according to the term of your contract.
Yours very truly,
Your Company or Business Name
Deposit, Forfeit due to No Delivery
This review list is provided to inform you about this document in question and assist you in its preparation. The purpose of this letter should be to get the customer to accept delivery of the product or service you offer. If you are in the habit of requesting a deposit before beginning work, you are well advised to use a contract, even a very short one, to indicate that not accepting custom goods or services in a timely manner after preparation will lead to the forfeit of the deposit as liquidated damages.
1. Be sure to sign the letter in the original and provide a clear direct phone number so they can contact you to arrange for prompt delivery.
2. If you are dealing with a corporation, you are still in the area of business commerce and have fewer challenges that can be brought against you for forfeiting their deposit.
3. If you are dealing with a consumer, each state has different consumer protection laws, which stand between you and having this forfeiture denied by a Court of competent jurisdiction. Therefore, the best outcome is to get acceptance of the goods or services by the consumer.
4. Deposits are always a tricky business because they indicate good faith on the other side and, of course, if nothing has been delivered yet, they stand on firmer ground—as is the case here.
5. In sum, this is a situation where negotiations, not the law, usually take precedence in the ultimate resolution. There are some companies that make quiet a sum of money in the forfeited deposit business (e.g., inexpensive furniture chains). However, it is a treacherous and usually short-lived business cycle for those that do this as a regular habit.
6. In sum, as Stephen Covey says in his book on habits, “Keep the end in mind.” Try to encourage the customer to take delivery of the goods or services.
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