From: Michelle Moorehouse Team Leader To: Graduate (me)
Date Monday 29 August 2022
Subject: Disputed Purchase – Launceston Printing and Design
Jemma, our outlet manager in Bicheno, has received an invoice from earlier this year. It appears there is a disagreement between her and a signage company about whether or not things were properly ordered or not. The dispute is above $5,000 so Jemma has escalated the matter to us at head office in line with company policy.
I am tasking you with reviewing the enclosed materials and providing me with a memorandum containing your critical analysis in response to the following questions: containing critical analysis, in response to the following questions:
Is there a valid contract for the banners?
Is there a valid contract for the outdoor sign?
Is Wineglass Bay Seafood bound by the so-called “terms and conditions”?
Are there any other legal issues arising from the materials?
Please give legal reasons for your answers and keep your analysis to a maximum of one thousand five hundred words
Email correspondence between wine glass seafood and launceston designs
Email 1) From: Jemma Fishburne Sent: Friday, 18 February 2022 7:34 AM
To: Hugh Jefferson Subject: Replacing Outdoor Sign
Hi Hugh,
The sign on our shopfront wall is a bit tired and needs replacing after several years. I am also worried about the vacant lot next to us being developed so I was thinking about installing a sky sign so that you can see it from the main road.
Here’s what I was thinking that I found online:
I’d like the dimensions of the sign to be 2.0 m (height) x 5.0 m (length) – with legs of 0.5 m. I’d like the text to say:
FRESH LOCAL SEAFOOD DIRECT TO THE PUBLIC OPEN TUESDAY – SUNDAY
Do we need a council permit for this?
In any case, please let me know what you think and how quickly you would be able to get this done?
Kind regards, Jemma
Jemma Fishburne
Bicheno Outlet Manager Wineglass Bay Seafood Pty Ltd
Email 1 part 2 From: Jemma Fishburne Sent: Friday, 18 February 2022 8:04 AM
To: Hugh Jefferson Subject: Request for Quote – Marketing Banners
Hi Hugh
Another request sorry. I am in need 5 pull up banners for a marketing event expo in March. Do you have these in stock? And do you have the good ones, the event is outside and need them to be sturdy?
Kind regards, Jemma
Jemma Fishburne
Bicheno Outlet Manager Wineglass Bay Seafood Pty Ltd
Response Email 1 : Sent: Friday, 18 February 2022 9:56 AM
To: Jemma Fishburne Subject: Re: Replacing Outdoor Sign
Dear Jemma,
Thanks for your inquiry.
There will be no problem from the council’s point of view. We have installed much bigger than this recently, it didn’t need any permits and there haven’t been any problems.
I would recommend installing the sign structure first and the applying the design to the face of the sign a week or two after it has been constructed. We can commence work on this late next week, and estimate it taking one or two days at the most, depending on the roof structure.
The cost is $7000.00 (before GST and excluding delivery).
Response Email 1 part 2 Sent: Friday, 18 February 2022 10:15 AM
To: Jemma Fishburne Subject: Re: Request for Quote – Marketing Banners
Dear Jemma
Thanks for your email. No worries, always good to hear from you!
Yes, we have stock. Usually we would supply for $158 per banner. This is the cost for our premium banner (with a 15% discount for a returning customer).
However, we would like to provide these to you free of charge – all we ask is that you display some Launceston Signs and Designs flyers and my business cards at your expo stall. Think of it as two small businesses looking out for each other. If not, no worries, I’ll just add them to your invoice.
If you are happy with this, we will print the design that we have on file tomorrow morning and we will deliver to you next week.
Cheers, Hugh
Hugh Jefferson
Account Executive
Launceston Signs and Designs Pty Ltd
Re-response Email 2)
From; Jemma Fishburne Sent: Friday, 18 February 2022 2:24 PM
To: Hugh Jefferson CC: Jeremy Hunter Subject: Re: Replacing Outdoor Sign
Hi Hugh,
Thanks for coming back to me so quickly.
I would be happy to proceed if you could do it for $6,250.
I’ll have my assistant Jeremy call you next week to arrange logistics.
Kind regards, Jemma
From: Jemma Fishburne > Sent: Friday, 18 February 2022 5:22 PM
To: Hugh Jefferson & @launceston designs.design
Subject: Re: Request for Quote – Marketing Banners
Thanks.
Kind regards, Jemma
(Jeremy attempted to call as jemma stated he would. With no answer, he left a Voicemail)
from Jeremy (Jemma’s assistant) Tuesday, 22 February 2022 9:08 AM
Transcript:
Oh Hi there Hugh
It is Jeremy here from Wineglass Bay Seafood
Just calling in relation to the discussion about the sign for our Bicheno premises.
Jemma has asked me to get you to cancel that order for now – reason is we are just having issues with our lease renewal and obviously we don’t want to spend the money on the sign unless we have that lease locked in.
So yep, hold that for now, but any questions give me a call. Thanks.
(no response to this call was given)
Email Correspondence Part 2
From: Jemma Fishburne Sent: Wednesday, 23 February 2022 10:19 AM
To: Hugh Jefferson &. launcestondesigns . design> CC: Jeremy Hunter
Subject: Re: Replacing Outdoor Sign
Hi Hugh
Just tried to call. Not sure what is going on, but your guys are here installing the sign. Jeremy said that he cancelled the order earlier in the week.
Please call me ASAP. Jemma
(no response to this email….)
From: Accounts &..s@launcestonsigns.design> Sent: Wednesday, August 10, 2022 8:00 AM
To: Jemma Fishburne &..f@wineglassseafood.com.au> Subject: Re: Outstanding Invoice
Wineglass Bay Seafood
Please find invoice for payment which is now overdue.
If you have any questions, please contact a..s@launcestonsigns.design.
Accounts Department Launceston Signs and Designs
Email Response From: Jemma Fishburne Sent: Monday, 15 August 2022 9:07 PM To: Accounts Launcestonsigns.design Subject: Re: Outstanding Invoice
Dear Accounts Department
I will not be paying this invoice. As I explained to Hugh – the pull up banners were never actually ordered. Sure they were delivered but you can take them back if you like. Second, the order for the outdoor sign was cancelled. And third, I did not agree to that outrageous delivery fee.
As far as I am concerned, this is an internal matter for you guys – so please sort it out with Hugh.
Kind regards, Jemma
From: Accounts launcestonsigns.design> Sent: Friday, August 19, 2022 11:17 AM
To: Jemma Fishburne Subject: Re: Outstanding Invoice
Dear Jemma
We maintain our position is that Wineglass Seafood is liable for the payment in line with our terms and conditions. We would appreciate your company’s prompt payment of our invoice (attached).
We note that if the invoice remains unpaid, we will be forced to consider our legal options.
Regards, Bruce
Accounts Department Launceston Signs and Designs
From: Jemma Fishburne
Sent: Tuesday, 23 August 2022 3:04 PM
To: Michelle Moorehouse Subject: FW: Outstanding Invoice
Hi Michelle,
As discussed on the phone just now and sorry to be a bother. As far as I’m concerned, I don’t think we should pay it – I think my position is clear in the emails and other attachments provided.
There’s no huge rush, but I’m getting tired of the angry phone calls. Of course, I will follow your advice.
Kind regards, Jemma