None paying customer for services provided

[skatingsparks]

Hi all

Does anyone know the law on getting materials back from a site from a non paying customer.

I installed power to a client LED advertising screen.

I was called Friday for ungent install. Quoted, accepted and deposit was paid.

Job was completed as per quote in time for their scfreen install Sunday - we did our part

The screen is on a restaurant site (you'll see it if you pass Gillooly's interchange just after Nicol hotel) - so the LED screen guys pay the restaurant (who i have no issue with at all) to have the sign on there property.

If I have permission of the restaurant owner (again no issue with restaurant) is there any implication of me getting my material back.

To be clear - If I have free access to the installation as its on a the restaurant owers property with their permission
,
I have done the dedt collection route but they are not responding and next step is I will be getting them listed on ITC for non payment.

Its a small amount (R9500+/-) but out of principle as we dropped everything Friday afternoon, organised materials, had them delivered to site, worked into the night Friday finishing at 1 a.m. and up at 6 am Saturday to get this on for them.

Does state in our T&C's material reman property of ****** until paid in full.

Also states in terms and conditions that cost of non payment goes to client.

Advice appreciated

[Derlyn]

This is a difficult one because of the deposit that has already been paid.

My personal opinion only.

Had no deposit been paid then you, with authorised access to the site, would be in your right to remove what's yours.

I say this as this happened to me a couple of years ago and the client laid charges against me. The case went around whether I had authorised access to the site. The client himself had let me in to complete the work, but unbeknown to him, I removed everything we had installed because he had not kept his part of the agreement as far as payment was concerned. At that point I had not yet received a deposit from him as promised and to me it became obvious that it was going to be a battle to receive payment. I decided to take my stuff and chuck.

I won the case.

Your best chance of success would be to send an email demanding final payment before a certain date and if nothing is forthcoming send another email advising them of your intention to remove the materials.

If you don't hear anything, reimburse the deposit, go and take your stuff and see what happens.

This is not legal advice. This is what I would have done.

[Dave A]

Unfortunately you need to get a court order to repossess your materials...