New Furniture from a furniture dealer got delivered with bugs in it

[pankit227@yahoo]

What is the name of your state (only U.S. law)? New Jersey

I ordered furniture from a local dealer ( who ordered it from j&m ). Both companies are in Edison, New Jersey. Local dealer opened up the box placed furniture inside and left. When I opened drawers there were spider webs and several other bugs of 3 kinds. Local dealer says it is J&M's responsibility as the furniture comes assembled and they never opened it up in their warehouse, so bugs came from J&M. J&M says since I bought it from local dealer, they cannot help me. I tell local dealer to take away the infested furniture from my home and they say their boss is out on vacation so they cannot make a decision until next week.


For now I have sprayed bug spray and wrapped the furniture in plastic but I can see bugs are still moving around. Bug spray didn't do anything to kill them.

Which laws do I state to them? How do I make sure I get my refund?
Husband likes the furniture and wants local dealer to pay for exterminator. Which laws do we state if we go this route?

 

[quincy]

What is the name of your state (only U.S. law)? New Jersey

I ordered furniture from a local dealer ( who ordered it from j&m ). Both companies are in Edison, New Jersey. Local dealer opened up the box placed furniture inside and left. When I opened drawers there were spider webs and several other bugs of 3 kinds. Local dealer says it is J&M's responsibility as the furniture comes assembled and they never opened it up in their warehouse, so bugs came from J&M. J&M says since I bought it from local dealer, they cannot help me. I tell local dealer to take away the infested furniture from my home and they say their boss is out on vacation so they cannot make a decision until next week.


For now I have sprayed bug spray and wrapped the furniture in plastic but I can see bugs are still moving around. Bug spray didn't do anything to kill them.

Which laws do I state to them? How do I make sure I get my refund?
Husband likes the furniture and wants local dealer to pay for exterminator. Which laws do we state if we go this route?

If the furniture store is refusing to take back the bug-y furniture and issue you a refund and, if necessary, pay for the extermination of your premises, you can send them (or, more effective, have an attorney send them) a letter advising the company that you are considering legal action if the matter is not resolved to your satisfaction. Then sue them if they fail to act.

A New Jersey family was awarded quite a hefty sum when they sued a store for delivering furniture infested with bed bugs. I wouldn't expect as much for run-of-the-mill spiders and bugs but, if the furniture store refuses to remove and replace the furniture, or remove the furniture and refund your money, and exterminate if necessary, you might have no choice but to sue.

New Jersey's Commercial Code §12A:2-715 is the consumer law that might apply: http://law.justia.com/codes/new-jersey/2013/title-12a

Good luck.