Company Response
9/9/2024
As clarification, this individual is not a "customer" of our company, but rather a vendor who rented space and was licensed to sell their items in our store. Upon their initial engagement, this individual signed a "Dealer License Agreement" (which can be provided upon request), wherein this vendor, among other things, acknowledged and agreed that "All personal property belonging to the Dealer at the Mall shall be at the Dealer's sole risk. Neither SAP nor its agents or assigns shall be liable for any damage to or loss to any personal property ..." He further acknowledged and agreed that "Dealer shall be solely responsible for all such personal property and SAP strongly recommends that Dealer purchase, at Dealer's sole option and expense, insurance in Dealer's own name, indemnifying Dealer against any loss of, or damage to Dealer's personal property..." and that "Dealer agrees to hold SAP harmless and indemnify SAP from any such loss." In this instance, the individual brought in a glass showcase to display their items. Without following the proper mall procedures for securing a locked case the vendor taped a cable lock to the case using standard packaging tape however the tape regularly failed and was not secure. The vendor was notified that the lock could not be secured and that it would be replaced with a standard showcase slide lock that is regularly used throughout the mall for use by vendors. The slide locks used can be temporarily installed with a padded thumb screw which can easily be removed and do not cause any damage, nor require any modifications to the case. Despite their claim, no damage occurred at the time a lock was placed on the case and no altercations were made to the case. This is further evidenced by the fact that the lock was on the case for several months and the vendor expressed no concern and gave no notice that any damage had occurred. In July the vendor gave notice that they intended to vacate, which we assume is because of poor sales performance, since their sales were significantly lower than the average sales of other mall vendors and they regularly ranked in the bottom for vendor sales. It was not until after giving notice to vacate that this vendor alleged that the case was damaged and tried to claim it was a result of "installing" the lock. The vendor demanded that he get reimbursed for a month's booth fee for the damage (which has no monetary correlation to the alleged $1,200.00 value claimed), however he was informed by the mall manager that vendors were responsible for their own personal property and while he would inform the owners of their request, as a vendor, they had assumed responsibility for any damage to their own personal property, and stated that such damages can regularly occur in retail. Sometime later, after completely moving out, the vendor contacted the owner asking when he would receive payment and falsely claiming that the manager had promised to pay them a month's worth of space fees to compensate him. The vendor was reminded of what the manager had actually stated, reminded of the terms of the agreement, and instructed that he could follow the proper channels to file a claim with his insurance to covering his personal property. Despite the facts of the situation, this complaint, and negative reviews he has since filed have clearly been submitted in retaliation for our refusing his attempts to extort funds and defer his loss to others. This and all other claims are merely an effort to deflect his poor performance as a vendor, sidestep his contractual assumption of responsibility for his own merchandise and offset his own decision to not insure his personal property. The facts remain that 1) he is not a customer, but rather a vendor that sells goods to our common customers, and as a vendor his complaint has nothing to do with our relationship with customers by asserting that the resolution sought is that he "[w]ould like other dealers not to rent from them", 2) he signed a license agreement renting space for the purpose of selling his items to our customers in which he assumed all responsibility for his personal property, 3) in the signed agreement, he was advised to insure his belongings from possible damage or loss, 4) the damages he alleged occurred did not occur as a result of adding a lock, 5) he never claimed any damage occurred until after giving notice to move out, 6) he has offered an arbitrary value to the alleged damages and sought compensation in the form of refunded rent, and 7) he falsely alleged that manager agreed to reimburse him. We respectfully request that you acknowledge the frivolity of this complaint and dismiss/remove it immediately. Thank you.
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