Lawyer Ron question!

[eshort]

recently won two computers from a large web auction site.

The order arrived 10 days later---4 computers-two of which were better (faster cpu) than those actually ordered---

i have sent the vendor 5 emails over past 12 days pointing out their "error". Their response= sent me two (additional) invoices (again) only debitting me for two machines(two with the slower cpu). Did not send RMA (to return) or give me any instructions etc..

I assume ive done my part informing them--can i assume the "extra" cpus are "gifts"? Is there a statue of limitation..ie..say the vendor discovers their error 2,4, 10 months from now--can they then bill me for the "extra" machines? these were debitted via credit card. also- can they send me a bill for the "better" machines if/when they discover their error--is there a statute of (time) limitation on this??

thanx...

I guess you could always assume. I've heard a couple times at this board and others about people getting more than they asked for, but they always call to verify that they are getting what the company/web auction wants them to have. I'm sure there is some possibility of the company realizing their mistake and wanting the computers back (I'm sure it wouldn't go any further than that - I mean no legal action). I'd call just to make sure. It's the right thing to do :P

[LawyerRon]

There are several legal issues at work here;

One legal issue here is whether or not you are obligated to pay for something you did not order. The narrow answer is “no”. Under State and Federal laws, vendors cannot force customers to pay for something not ordered.

Another legal issue at work here is “unilateral mistake”. That’s where one party to a contract or an agreement is honestly mistaken. Example, you agree to buy my Seiko watch for $50 and I accidentally send you my solid gold Rolex worth $20,000.00. You are obligated to return the Rolex based on my “unilateral mistake”.

A third issue here is actually a defense (for you) and it’s called “laches” or “equitable estoppel”. These legal terms basically mean a person “sat on their rights” and are not deserving of a remedy. In other words, if I knew I accidentally sent you my Rolex and did nothing about it for a year or two, you could raise the defense of “laches” and argue I sat on my rights and don’t deserve the Rolex back.

So what’s the answer?

I would send the company written notice by mail, certified, receipt requested, informing them of their mistake. Tell them if they do not respond within 30 days they will be barred from recovering the extra equipment not ordered.

The legal basis for your claim is 1) You did not order the extra equipment, and 2) They “sat on their rights” and are therefore barred from recovery by principles of laches and equitable estoppel.

Also, there really is not a "statute of limitations" here, as the courts would imply they only have a "reasonable time" to discover and correct their mistake. I would deem a "reasonable time" to be maybe 30-60 days.

[mairving]

They may not care either. We used to flip inventory over to Ubid sometimes. In other words, we would find a good deal on some stuff and offer it to Ubid. If they wanted it, we would have it drop-shipped directly to them. When Ubid recieved it in stock, they might have QA'd a couple of the units to verify the system specs. Usually they didn't. So often times this merchandise goes through several hands before it ends up in your hands. If for some reason the first person in that chain made a mistake about the specs then everybody else did. This mistake is not realized until the end user buys it.

You still need to do as Ron says but I seriously doubt if they will respond back to you.

[eshort]

thanks guys!!

over the past 12 days, ive sent vendor 5 emails--no response except to send me a "cc" of the original order slips (showing shipment of 2 computers-2 of which, on the invoice, had the slower cpu).

my last email was sent 5/28.

ill wait 3-5 days and then send em a certified letter that unless i hear frm them within 10 business days with direct instruction to return the xtra machines,, the matter is closed (I keep all 4 computers-paying for 2 as billed).

interestingly- the vendor has no "800" line-insists on doing all business by email!

[mairving]

Better hope that you don't have any problems with the units either. If they won't answer this kind of email and have no toll free number then you are screwed.

[eshort]

we'll see what happens!!

[eshort]

sent two more emails--still no response--



At this point- i will write them a certified letter (per Rons' instrux) saying the unless i receive rma/shipping labels etc within 30 days, the units will be consideed gifts and any attempt to collect payment(s) etc will be denied...i will cite the legal terms per Ron.

[LawyerRon]

eshort,
My bill's in the mail.

[ylen13]

just cancel your credit card and then get a new one and the will not be able to bill u

[bob]

Don't think canceling the card is a good idea. You would be in a stronger position if they tried to charge your card without your permission.

[eshort]

still no replies/RMAs etc

what BS!!!

Lawyer Ron--Do U take VISA??? lol lol

[LawyerRon]

No, but I now accept paypal.

[bob]

I think 2 computers - shipped, should cover your bill.

[eshort]

LOL ---)