Thread: 100 days after paying

Originally Posted by rod

Sent a rifle off to gunsmith middle of last year to be turned into a 28 nosler. Got the bill 24th April this year paid it the next day ,still don't have the rifle 100 days after paying .after a Lot of excueeses was told it was sent last week on tuseday then it didn't get picked up
Given tracking number on Tuesday this week that doesn't work rung courier nothing picked up or dropped into them.
Anyone got any advice what to do next.
I'm.in the bottom of the South and it's in the north island.

My suggestion would be to first advise him that you will be approaching the police as the firearm has gone missing in transit. Suggest that if he has genuinely sent it that the courier must have possession so ask for a specific date for when it was sent so you can follow up wit the Arms office.

When and if you speak to the Arms office, it would not hurt to explain that you suspect he has not sent it and that he is potentially heading to a fraudulent situation, but if he thinks the AO is actually looking into it, he may be more inclined to tell the truth. A year is too long. If he cannot do this, he should have fronted up and admitted it earlier.

Originally Posted by timattalon

My suggestion would be to first advise him that you will be approaching the police as the firearm has gone missing in transit. Suggest that if he has genuinely sent it that the courier must have possession so ask for a specific date for when it was sent so you can follow up wit the Arms office.

When and if you speak to the Arms office, it would not hurt to explain that you suspect he has not sent it and that he is potentially heading to a fraudulent situation, but if he thinks the AO is actually looking into it, he may be more inclined to tell the truth. A year is too long. If he cannot do this, he should have fronted up and admitted it earlier.

I would like to add to timattalon's very good advice. In any contract there are three elements that must be satisfied to make it binding : Offer, acceptance and consideration ( consideration in contractual terms meaning some form of agreed payment) Clearly all three have been satisfied in this case. The contract is binding and enforceable. I am guessing that no time limit was set in which the work had to be completed therefore a reasonableness test would be applied. It would be reasonable to expect the work to be completed within six months of payment for example - the gunsmith could argue that he was unwilling to purchase / import a barrel without an upfront payment which was originally agreed to be paid in cash, but that he had been waiting since the middle of last year until the end of April when payment was finally made against an invoice. What I would suggest is that you gather all paperwork emails txts letters etc along with diary entrees and make copies of these in case things turn bad. Having another person collect the firearm on your behalf - requiring serial numbers etc as proof of ownership would be possibly the best way if they could arrange to be accompanied by a local Police officer. But most certainly as timattalon suggests ask the local police in the first instance.