NY, Direct sales problem

[jdl10128]

Hi,
I recently purchased a laptop computer from a major computer company. They told me it would arrive on 6/8. I called to check status during the week preceding. They told me it was running late, that it would be shipping on thursday, to call back friday. I called back friday they told me it would ship the following tuesday. I spent $2200 on this. They refunded shipping ($50) friday. I spent nearly 3 hours on the phone with reps arguing that I should get more than free shipping at this point. I'm leaving the state next week and if it doesn't arrive by then I will have more of a problem on my hands. If they told me that the computer would be here on 6/8 have they broken contract and is there any recourse? What should I expect from them? TIA

 

[loku]

Late delivery

They will PROBABLY have breached the contract if they do not deliver the computer before you leave the state. The date of delivery is a term of the contract. A minor deviation from a contract term is usually not a breach, but where a significant length of time expires between the promised delivery date the actual delivery, there would be a breach. This is particularly the case where the date is important, such as in your case.