Commission Painting Issue(s)

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Commission Painting Issue(s)

Postby Skrivus » Fri Sep 28, 2012 5:59 pm

I'm currently having an issue with a commission painter and I'm at a loss as to how to resolve it.

I commissioned a forgeworld Dark Eldar Tantalus to be painted starting in late May, with me paying half then and the other half on delivery. From June through mid-August, I was getting pretty regular status updates and pictures of the progress, so things were alright. In late August, I was told it was just a few days away from being completed. That was also what was told to me Sept 1st.

I haven't received anything since then. There has been no indication of either any progress on the work or any issues/problems (either with the project itself or real life problems) that would indicate an interruption to the work be needed.

I have tried contacting him on a near constant manner starting September 14th via his email, facebook, text message and calls to his phone (to the phone number he gave me at the start of the commission), to which I have not received a single reply. I have also noticed that he has been posting on facebook as recently as the 18th of September and facebook indicated to me that several of my messages sent to him have been seen by him.

Has anyone else had any issues with commission painters and if so, how did you resolve them?
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Re: Commission Painting Issue(s)

Postby YeezyMozart » Fri Sep 28, 2012 6:44 pm

Is he local?
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Re: Commission Painting Issue(s)

Postby Skrivus » Fri Sep 28, 2012 7:06 pm

Yeah he's local. I met him at the bunker to exchange the model and first half of the payment, but all contact regarding the deal was done via email, including the details of the deal. I still have those emails preserved.

He operates as Crichlow Creations Miniature Painting

http://www.facebook.com/pages/Crichlow-Creations-Miniature-Painting/139655189400397
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Re: Commission Painting Issue(s)

Postby DaGrippster » Fri Sep 28, 2012 8:33 pm

Send Alan over as a repo man :lol:
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Re: Commission Painting Issue(s)

Postby RAMSEY » Fri Sep 28, 2012 9:17 pm

I have had problems with a painter in the past. It took me the better part of a year to get all my stuff back.

Later on he asked to do more work for me. Knowing he was 18 years old, I made out a contract for the two of us to sign. It stated that he would get my minis back to me in two weeks time or there would be a 10% reduction in price for every day I did not have them back. I asked him if he understood that it was a binding contract and he agreed with everything. Needless to say after the two weeks of waiting and another two more weeks of waiting I got all my stuff back beautifully painted.(He went on to be a Golden Deamon winner)

When he asked for payment I took out my copy of the contract and showed it to him. I told him he was not getting paid anything. I showed him the contract and pointed out the part where it was a 10% per day reduction. After ten days being late I owed him nothing. He was upset.

I haven't meet a painter for commsions that haven't let me down in some way. Thats the number one reason I paint all my own stuff.


Under the law, it is probably petty thieft by taking your money and minis. Ask cop if you know one. Maybe they can help.
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Re: Commission Painting Issue(s)

Postby GregSwanson » Sat Sep 29, 2012 7:25 am

Actually I would say that is a dick move to do that and not pay. Sometimes real life stuff gets in the way or it takes longer to get it done or is more involved to do. As long as the person does things in good faith I would have paid them. Dave - the only thing I can say is keep trying you really don't have a lot of recourse. I would really start getting annoying. I would also make sure that everyone knows that this person can't be trusted if he is unable to resolve your problem. If they work in the Chicagoland area there is a lot of ways to get the word out that they are no good. Post to his wall, talk to people, post on AWC, Dakka etc..., hit him where it hurts his future business. I have used a lot of painters before and really have not had a lot of problems. I would definitely make sure that I have some references or some one I know has used them in the past. I would also use paypal so I can dispute the transaction. You could even have him list it as an ebay transaction. Sorry your experience has been a poor one Dave.
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Re: Commission Painting Issue(s)

Postby Islestaggerholm » Sat Sep 29, 2012 4:41 pm

Techinically you still owe him money a 10% reduction a day after 10 days does not equal zero.

Pretend you owe $100
After 1 day you owe 90
After 2 days you owe 81
After 3 days you owe 72.90
After 4 days you owe 65.61
After 5 days you owe 59.05
After 6 days you owe 53.15
After 7 days you owe 47.84
After 8 days you owe 43.06
After 9 days you owe 38.76
After 10 days you owe 34.89

You can go on to extrapolate from there . . . but you will never ever reach zero.
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Re: Commission Painting Issue(s)

Postby Lord Krungharr » Sat Sep 29, 2012 8:10 pm

Depends on what the contract stated. If it said 10% of the agreed upon total to be deducted per day, then it would equal zero after 10 days of being late. If it only said 10% reduction per day then it could be argued to be case of 10% off each day's progressive total down to a limit never reaching zero. This is why financial contracts should have mathematical formulae so lawyers can't charge more to haggle over everything after the s#*% hits the fan when someone gets screwed. One of my lawyer friends scoffs at the idea of course :)
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Re: Commission Painting Issue(s)

Postby Islestaggerholm » Sat Sep 29, 2012 8:14 pm

RAMSEY wrote:there would be a 10% reduction in price for every day I did not have them back.



Seems pretty clear.
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Re: Commission Painting Issue(s)

Postby RAMSEY » Sat Sep 29, 2012 10:51 pm

Not a dick move at all. This person has done what he did to me a number of times to different people. Making it so he was liable for his actions was the right thing to do. I went through the contract with him with witnesses around to make sure I was being very clear. He read it, agreed to it and signed it. It is not my problem if he didn't have them back to me on time. He choose the time to get them back to me. The 10% reduction was off the original price per day I did not have my stuff back. Again he agreed to it. "Techinically" I don't owe him jack.

How about saying something about this kind of a person that gets the money and some models from you to paint and then dissappears? Don't get on me for doing something about it.
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Re: Commission Painting Issue(s)

Postby Skrivus » Mon Oct 01, 2012 12:23 am

I got a message finally yesterday but it was a long winded message explaining that his computer was down and he'd be out of town on vacation for the last week and didn't take his phone with. There was no mention of where the project was at. I responded to his message asking that and I got not response as of yet.
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Re: Commission Painting Issue(s)

Postby allen » Mon Oct 01, 2012 6:02 pm

Ramsey did the right thing. I would've done the same thing if I didn't get my models back in time and had stuff in writing. Imagine that if anyone sent out models to be painted and you needed them for a tournament and they didn't get done in time? And if you had something in writing like Ramsey did and the models were late then why should you pay? After all, if you had to either cancel, play with something that you built in 30 minutes and had to play with something unpainted or adjust your list for the tournament because you didn't get the model(s) back in time you be upset too.

Perhaps the ones who take commission projects should't take more than they can handle.
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Re: Commission Painting Issue(s)

Postby Skrivus » Wed Oct 03, 2012 10:53 pm

Yeah I should've done what Ramsey did with the strict deadline date and penalties for late delivery. Pretty much the tournament I was hoping to use the Tantalus in is this Saturday and I still haven't heard anything of when I can expect it back. The rest of it was in writing, with only half being paid at beginning and other half to be paid on delivery. It's just his ignoring me for the last month is clearly indicating that he doesn't intend to finish it which would be a breach of contract. I'm running out of patience and about to start consulting some legal counsel to simply get my model back.
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Re: Commission Painting Issue(s)

Postby RAMSEY » Thu Oct 04, 2012 9:26 am

allen wrote:Perhaps the ones who take commission projects should't take more than they can handle.


I totally agree.
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Re: Commission Painting Issue(s)

Postby OriginalKO » Sun Nov 04, 2012 4:42 pm

Sorry to hear about this issue with your commission painter. I use a very reputable gentleman in the UK who does amazing work. His prices are high but his work is regularly featured at Warhammer world. If you would like I can recommend you. He does take a while to paint a full army but the time is worth it here is a sample of his work on my army.

Image
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