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A good integrity driven individual would have sent the money and blades back. With a sincere apology.
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Price is$300$250 ea (shipped within CONUS). If you live outside the US, I will contact you after your order for extra shipping charges.
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Andy Franco (Calico Forge) does not deliver
- Thread starter t1mpani
- Start date
I just wanted to say how refreshing it is to read one of these topics presented in such a complete and concise manner. Chronology, documentation, calm writing...
Best of luck to you.
I'd of wanted a refund at the point that he switched the deal and tried to pawn off that hideous 'tactical' stuff instead of delivering the nice knives you actually ordered.
Best of luck to you.
I'd of wanted a refund at the point that he switched the deal and tried to pawn off that hideous 'tactical' stuff instead of delivering the nice knives you actually ordered.
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Warren, you are much more patient than I. I would long since filed felony theft charges against him with his local PD or Sheriff's Department.
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A common misunderstanding is reflected in many threads reflecting rightful loathing of "dishonest behavior."
Without anything good to say about Franco or his kind, failing to deliver goods ordered and paid for is, without proof of prior intent not to deliver the goods, breach of contract. Breach of contract is a civil wrong for which the remedy is an action for damages. It is not a criminal wrong of any kind.
Local law enforcement nevertheless will often be helpful in pressuring a non-performing vendor to deliver or refund the purchase price.
A pattern of taking payment and not delivering as agreed is evidence of a prior intent not to deliver.
Other conduct may evidence prior intent not to perform. For example, in People v. Abeel (4th Dept. 11/13/2009), prior intent not to perform was found in the defendant's pattern of dishonest conduct. Abeel entered into a contract with a church to do some construction work. The church gave him money to purchase materials for the project. He was subsequently charged with Grand Larceny in the Third Degree after he failed to complete any part of the agreed-upon work or to return the money given for materials.
The court noted the general rule that mere failure to perform a promise is not, by itself, sufficient evidence to establish larceny-by-trick. Rather, the defendant's larcenous intent must be shown by additional facts.
Defendant, Abeel, spent the church's money to pay his past-due bills instead of buying materials for the job. He failed to return calls from the church and gave "dubious" excuses to the investigating trooper for why he had not done the work. The defendant also lied about being unable to do the work because he was in jail for three months. In fact, he was only in jail for a few days. HELD: Under the circumstances, the evidence was legally sufficient to support the Grand Larceny charge. The jury's verdict of guilty was reinstated, and Abeel went to prison.
Sharing information about dubious characters helps a pattern of failure to deliver emerge so the full weight of the law can be brought to bear.
Without anything good to say about Franco or his kind, failing to deliver goods ordered and paid for is, without proof of prior intent not to deliver the goods, breach of contract. Breach of contract is a civil wrong for which the remedy is an action for damages. It is not a criminal wrong of any kind.
Local law enforcement nevertheless will often be helpful in pressuring a non-performing vendor to deliver or refund the purchase price.
A pattern of taking payment and not delivering as agreed is evidence of a prior intent not to deliver.
Other conduct may evidence prior intent not to perform. For example, in People v. Abeel (4th Dept. 11/13/2009), prior intent not to perform was found in the defendant's pattern of dishonest conduct. Abeel entered into a contract with a church to do some construction work. The church gave him money to purchase materials for the project. He was subsequently charged with Grand Larceny in the Third Degree after he failed to complete any part of the agreed-upon work or to return the money given for materials.
The court noted the general rule that mere failure to perform a promise is not, by itself, sufficient evidence to establish larceny-by-trick. Rather, the defendant's larcenous intent must be shown by additional facts.
Defendant, Abeel, spent the church's money to pay his past-due bills instead of buying materials for the job. He failed to return calls from the church and gave "dubious" excuses to the investigating trooper for why he had not done the work. The defendant also lied about being unable to do the work because he was in jail for three months. In fact, he was only in jail for a few days. HELD: Under the circumstances, the evidence was legally sufficient to support the Grand Larceny charge. The jury's verdict of guilty was reinstated, and Abeel went to prison.
Sharing information about dubious characters helps a pattern of failure to deliver emerge so the full weight of the law can be brought to bear.
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- Jul 5, 2014
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Personally, I appreciate that you have approached it this way. Our murikan society is too quick to call momma cops/courts to figure out our issues. Shows you are a man of integrity as well.
Well, it has now been five weeks, since I was told "three to four weeks" and I've not heard anything else from Andy. I emailed him a week ago, and never got a response. Just updating as promised. One of the dealers I contacted (I won't say which because I don't want to quote them without permission) told me that they would never deal with him again because he was "unreliable and incompetent." While I do believe he has competence in making knives, I must agree that the competence of running a business and gaining a following seem to be severely lacking. Here, in the face of a VERY large community of knife enthusiasts---in fact one of the largest collections of people in the world who are willing to spend hundreds of dollars for a single knife---he sets his own timetable to make things right, and then apparently cannot be bothered to adhere to it or even respond and say he couldn't adhere to it. Even a reply of, "Hey, I can't sell a knife to save my life right now, can I please have some more time?" would have been so uncharacteristically communicative of him that I'd have agreed to an extension.
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If working as an employee for someone else, he'd only need to worry about the first part.
But making knives for himself and selling under his own name, the second part is entirely his responsibility as well. :thumbdn: