Legal Question in Business Law in New York
We have a invoice where it states item will be delivered in 3 to 4 weeks as it's been 5 weeks we contacted individual and canceled order claiming the contract void due to not full filling the order in the time it was stated for a in stock item.. Said company stated when called we just pulled the order and will be delivered in 10 days. We still wanted to cancel and stated so. Invoice has a clause that stated if canceled a $500 restocking fee will apply, thus making the invoice a contract. Since item was never shipped nor any documentation that it was even ready to be shipped we feel the contract was violated and entitled to a full refund. Does the vendor of the item have the right to still ship the item and are we entitled to a full refund. Also vendor threatened a lawsuit if we filed a complaint with the Better Business Bureau of NY and Illinois where the company resides. Item was sold in the state of NY during a home show. thanks in advance for any answers.
2 Answers from Attorneys
Under the Uniform Commercial Code the invoice may not be deemed a contract. You would have to look at the communication between vendors as to terms of shipment.
To specifically answer your questions:
1. Since item was never shipped nor any documentation that it was even ready to be shipped we feel the contract was violated and entitled to a full refund. Does the vendor of the item have the right to still ship the item.
A. You do not have to accept the item. Instead, the item must be rejected by your office upon delivery.
2. are we entitled to a full refund.
A. Maybe. It would depend on the understanding between the parties upon formation of the contract.
Mike.
Although I agree with the prior response, it is difficult to properly answer the questions without reviewing the contract. To discuss this matter further, please contact me at 212-759-1200. I have a satellite office on Madison Avenue in NYC.
Thank you.
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