Publish America / Breach of Contract, poor printing quality...deserve a refund!
$1064.97 is what I paid for very poor quality books.
In light of the lack of quality in the printing and in considering the abnormally high price of the books, I got ripped off! PA is in breach of the contract. They have breached the contract in the following ways:
FIRSTLY, for failing to produce “attractive and substantial-looking” copies of the books. To quote the contract, paragraph 2,
“2. The Publisher agrees to produce the said literary work in book form, in such format, type and style of paper, jacket and binding as will make the volume attractive and substantial-looking. It is specifically understood and agreed, furthermore, that the said volume will contain all manuscript pages as submitted by the Author (unless otherwise designated hereinafter), and will be printed on good quality paper with the bound size to be, approximately, 5½ x 8½ or 6 x 9 inches, or any other size as the market demands.”
My books are NOT attractive and substantial looking; instead they are cheap and ugly looking! Readers can't even see the pictures clearly. The first few copies of the book did not have this problem. What happened, did they run out of ink and think my readers and I would not notice?
The black and white pictures inside the book were very poorly reproduced, looking more like faint gray and white pictures. The quality is getting worse and worse with every order I make. The books are not worth paying for. In addition, the latest run of the books does not appear attractive and substantial looking on the covers, which are very faded compared to the first run of books. The colors are not at all like the proofs or the very first few books.
SECONDLY, for including advertisements for other Publish America books at the end of my books. The contract also does not anywhere give Publish America permission to place an ad for other Publish America books in the back of mine. I did not submit those ads to be published, nor did you ask my permission to do so. If they had asked, I would have denied them permission. You cannot put things I did not write, by authors unknown to me and perhaps not acceptable to me, in my books without permission and without any mention of ads in the contract. The contract says PA will print “all manuscript pages as submitted by the Author, ” and as I stated, I did NOT submit advertisements for other people’s books to PA.
In addition, I notice that the photos and words found on the two ads were very dark and clear and crisp, unlike the faint, poor job PA did on the interiors and covers of my books! How can they justify good quality printing on the advertisements while simultaneously cheating me out of the good quality that PA legally promised to me in the contract?
THIRDLY, PA has failed to report all sales and collections there from to me. The contract clearly states that “11. The Publisher agrees to keep and maintain true and accurate records relating to the distribution of copies of the said literary work, including reports of all sales and collections therefrom.” In addition, the contract also says,
“The Publisher shall pay to the Author the following royalties:
A royalty upon the regular edition sold in the United States and elsewhere of:
8 percent of the sales price thereof on the first 2, 000 copies sold;
10 percent on the next 8, 000 copies sold;
12.5 percent on all copies sold in excess of 10, 000 .”
I have personally sold hundreds of books at the HIGH prices PA charges and PA has only paid me royalties for a few. I find this very questionable. I would like a copy of these records that PA is required to keep, including reports of all sales and collections, because I do not believe that PA is keeping and maintaining true and accurate records. I would also like to see the sales upon which PA is awaiting payment as well as completed sales. I dispute PA's figures on the royalties they have already paid, and I suspect that they are withholding royalties due and payable to me.
In conclusion, I am a Christian and am careful to be honest in all my dealings. I am very disappointed that PA has not been honest with me and has cheated me out of money that, for my husband and me who live on disability, is very hard to come by. The $1064.97 that I paid for the latest order, plus the money I have paid for previous orders, represents a substantial percentage of our annual income. We cannot make this money back because no one will buy the books in such poor quality that PA has printed them, for the prices that PA charges. I would not demand the refund if they had been honest all along with the royalties and if they had not cheated me out of the very ink on the pages and printed such fa
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