Help contacting Andy Bergholtz...

[Buttmunch]

he took the guys money and then never delivered. Passage of time does not make it right. It's still stealing.

It doesn't make it right, sure, but it isn't really reasonable after such a long amount of time to just out of the blue start this up again. He should have done it no more than a year at the most. There is a responsibility on the buyer too to keep up with the project. You shouldn't start something you don't care enough about that you don't even remember it until 5 years later

That said, I think a well done Rock sculpt would be very welcome here if made available, so I hope it happens.

 

[NASEDO]

I've been involved in a few comissions, all went downhill except the the one Andy sculpted. After hearing so many horror stories about comissions I would never get involved in one again.

 

[great1]

I agree. At a certain point I feel you become in the wrong for not following it up. Not in the wrong to the point that you deserve to lose your money but definitely wrong on some level. You're basically popping up from the dead now. Five years seems to me to be as crazy fifteen years. You can try to get a refund, I don't disagree with that, but after this long I think you shouldn't expect a speedy/easy resolution, like it's a deal that was made a week ago. Five years truly is just nuts - that's a long time to have said nothing.

He's a professional sculptor, I have to imagine he's had a fair bit go on over the past five years and has a fair bit going on right now, a lot more business dealings than just you. After five years, he probably has no memory of whether you paid or not or whether he at some point refunded the money.

I do agree with the points you have brought up but it hasn't been five years since I last made contact with him, the last contact was made in 2010.

I don't expect an instant resolution, but I would feel much better if I received a quick sentence or two reply.

 

[pixletwin]

When you have a project by someone as prominent as Andy B. I can understand the trepidation one might feel in asking for follow ups. You (Buttmunch) of all people ought to understand that.... 5 years is a looooong stretch though.

Still, saying the patron is responsible is a daft as blaming a girl who wheres a short skirt when she gets raped. The man paid money to Andy B. a good amount of money (I am aware of the fees he charges) for a project. This isn't a $50 paint job or a $200+ custom we are talking about.

 

[Buttmunch]

When you have a project by someone as prominent as Andy B. I can understand the trepidation one might feel in asking for follow ups. You of all people ought to understand that.... 5 years is a looooong stretch though.

Exactly. There is a fine line between just bugging the sculptor and following through and checking for real updates. Even 2 years is too long, let alone 5.

 

[NASEDO]

5 yrs is long....but these things do take time. I dont feel Andy should be off the hook due to time and the buyer not pushing him...a deal is a deal. So after 5 yrs its cool to rip someone off??? The Gladiator Comission Andy did probably took 5 yrs.

 

[SnakeDoctor]

I think the statute of limitations has probably come and gone. I mean that figuratively and literally. I'm not even sure you could sue him anymore.

You waited too long. Chalk it up to stupid-tax, and move on with your life.

SnakeDoc

 

[freestylex06x]

LOL 5 years!? seriously?

 

[Hydeous]

Well I think it all depends if there's any msgs from Andy during those 5 years time frame or there's no communications at all?

If he responds to him every few months or so saying that its almost done and drag it for 5 years, I don't think the buyer is at fault.

 

[karamazov80]

Whether or not folks think the buyer should have contacted him more frequently sooner, it is not the buyer's fault in any scenario here. Buyer enters into a contract by paying for something, commissioned artist doesn't deliver in a specified manner, then the artist is at fault period. Buyers shouldn't have to nag and harass someone they pay to get what they pay for.

 

[noisetrigger]

I am surprised and appalled at the amount of people who try to put the blame of the customer.

Fact is, he paid for a service and the guy never delivered. He also attempted to make some contact from time to time but obviously Andy did not deliver.

The amount of time passed has nothing to do with it.

Are some of you guys seriously saying it is alright to collect money, then let the thing drag for a few years, then it is alright for me to keep the money cause it's been so long?

I should probably start a thread to collect payment for a project which I will continuously stalled for a few years citing various personal reasons, excuses, act of god, divorce, my dog died, etc

Didn't know you guys were so generous.

 

[pixletwin]

Whether or not folks think the buyer should have contacted him more frequently sooner, it is not the buyer's fault in any scenario here. Buyer enters into a contract by paying for something, commissioned artist doesn't deliver in a specified manner, then the artist is at fault period. Buyers shouldn't have to nag and harass someone they pay to get what they pay for.

Finally a voice of common sense. :lectirw

 

[Monger]

It's actually not common sense. The reason things like Paypal buyer rights exist is because frankly speaking buying from random people online, especially by pre paying for something you might not see for a year or more, is far from logical. In this case the poster trusted someone and paid the price for it, whatever reasons that may be. This is far from unique and it really is in part the buyer's fault. That's why people often do not side as much with someone who was swindled, at least as much as you should expect. If it isn't a professional company and is not under the Paypal protection, then you should be hesitant about where you throw your money. If it ends up biting you, you cannot turn around five years later and act as though you're completely the victim.

 

[buzzybean]

I do agree with the points you have brought up but it hasn't been five years since I last made contact with him, the last contact was made in 2010.

I don't expect an instant resolution, but I would feel much better if I received a quick sentence or two reply.

Did everyone else miss this from the OP?

BB

 

[ProgMatinee]

So let me understand this. There are some people on this board who think its morally acceptable to ignore your responsibilities and commitments with the hopes that the people you owe simply give up and forget you. Furthermore, they shift the blame to the victim for not having the time or heart to daily hound someone who is supposedly a professional.

Wow.

Wonder if Andy was the failed Merry and Pippen project.

 

[lerath666]

Prog, I'm on your side on this as well.

OP paid for a service, period.

YES, he COULD have moved on it sooner than this.

HOWEVER, it's called accountability, And holding people to their word.

Otherwise, i could put up 30 Hot toys wolverines for sale, in the for sale section at 90$ apiece. Get the money, then vanish, and not respond to anything for 5 years. And this would apparently be ok.

Am i suggesting that Andy did this on purpose?
Not at all. He's a Busy as hell guy.
But this Deserves SOME resolution on his part.

 

[King Darkness]

Whats with Buttly trying extra hard to be a doucher

Jeez

 

[SnakeDoctor]

So let me understand this. There are some people on this board who think its morally acceptable to ignore your responsibilities and commitments with the hopes that the people you owe simply give up and forget you. Furthermore, they shift the blame to the victim for not having the time or heart to daily hound someone who is supposedly a professional.

Wow.

Wonder if Andy was the failed Merry and Pippen project.

It is very possible for a customer to play a part in getting himself screwed. There are time limits on this stuff -- on suing someone, and on reporting crimes. I don't know what State he lives in, but my guess is that the limit has come and gone on both.

It isn't fair ... but life rarely is. He had options a few years ago. He probably wasted too much time to use any of them. Wasting time is his fault.

Talk to a local attorney about a small claims suit for conversion or breach of contract. Its your best bet ... but my guess is that he's SOL (ironically, the abbreviation for both "Statute of Limitations", and "**** Outta Luck").

SnakeDoc

 

[Buttmunch]

great1,

Honestly, your best chance at contact right now is probably talking to MikeTek. He just recently completed a commission with Andy for a Punisher headsculpt. He's probably the only one here with the most recent way to contact him:

https://www.sideshowcollectors.com/forums/showthread.php?t=109999

 

[amusedjester]

Just keep contacting him. Keep sending the copies of all those e-mails. Tell him you need the deposit back due to financial burdens and since the project has stalled for this long, he might see it mutually beneficial to just return you deposit rather than finish the project. Until you hear from him personally saying you've lost your deposit don't assume that it is whomever tells you on this board. And I hope that this matter gets resolved well between the two of you.