Legal Question in Consumer Law in Missouri

Hi there, We signed a contract 2/07 pending an accident settlement on our behalf to purchase a metal building from US Buildings. We were pressured into putting a possible settlement date on the contract. My husband told them 7/07. They said they understood our situation and that would be fine to wait on the settlement. We didn't catch the part of the contract that stated there would be a storage fee charged till we picked it up. They are now charging us $1600 in storage fees, and say they have discounted the fee. The way I read the contract (now) is we should have been billed and paid monthly for that fee and that never happened. THE CONTRACT SAYS.......

The Buyer,upon being notified that the goods are ready for shipment shall receive and accept delivery of the goods as indicated in Paragraph 2 within 14 days of such notification. If any goods purchased hereunder remain unclaimed by the buyer after the expiration of such 14 day period the Buyer shall pay the seller as storage charges an amount equal to 2% of the total purchase price hereunder, per day to be billed and paid monthly........... Should we have been billed? The president of the company said we should have figured out the fee and sent it?

Thanks in advance, Carrie


Asked on 11/18/09, 4:11 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It appears that if the contract was contingent upon the settlment, then there should have been no bill, if the settlment did not occur. It also appears that the supplier was required to inform you that the materials were ready for shipment, in order to trigegr the storage fee fourteen days later.

Take your paperwork to an attorney in your area, in order to get more specific advice.Many offer free or low cost initial consultation.

Good luck

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Answered on 11/23/09, 11:56 pm


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