Business unable to fill order, issued refund - can I sue?

[paul717]

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

Long story short I rented some computer equipment for about $600/mo from a business. The business gave me some nonsense about it being unavailable (technically it WAS available but then they tested the equipment and found it defective) and refunded my money. In the meantime they offered me some replacement upgraded equipment and said I have to reply by Sunday noon (about 12 hours) but HELLO I don't check my email on weekends! I read through the contract and all it says is "no refunds" it doesn't say anything about "you will get a refund if we cant fill your order".

I have my money back but can I sue them to get the upgraded equipment at the same price or breach of contract or fraud, theft, something like that?

 

[cbg]

And they are responsible for the fact that you don't check your email over the weekend - how?

 

[paul717]

First I never replied to any of their emails during off hours or on the weekend. Second I'm a business, I used my business email and put my business name in the order and they knew I'm a business from our conversations. So it is pretty easy to assume that I don't work on weekends.

But more importantly they only gave me about 12 hours to respond to their offer. Arent they required to provide a reasonable period for me to accept and review the offer?

 

[swalsh411]

I don't see you having any sort of case. The deal fell through. Life happens. You have no damages.

 

[cbg]

I know plenty of business people who check their email on weekends. And to expect them to go back over your previous emails, determine that none of them were sent on weekends and therefore it MUST be that you don't check them on the weekends, is asking just a bit much (sarcasm deliberate).

 

[paul717]

Does it matter that to get the same equipment elsewhere Im going to have to pay about 50% more? This stuff usually runs around $1k per month give or take, part of me feels like this was a lowball bait and switch where they had no intention of honoring the deal and thats why I got such a short window to "take it or leave it".

 

[Zigner]

Does it matter that to get the same equipment elsewhere Im going to have to pay about 50% more? This stuff usually runs around $1k per month give or take, part of me feels like this was a lowball bait and switch where they had no intention of honoring the deal and thats why I got such a short window to "take it or leave it".

The equipment you needed wasn't available. Your money was refunded. Move along now...

 

[tranquility]

Contract rights are the benefit of the bargain--not how much one was hurt. If there was a contract, the OP has the right to the equipment and not a refund. He should ask for the upgraded equipment as that would solve his needs. If he does not get it, he should obtain the required equipment from another and demand the difference in price from the original renter. However, the contract needs to be carefully read. Many make spurious promises that can be revoked in any of a number of circumstances or not renew month to month and that would limit the amount the OP could recover.

 

[HomeGuru]

I see this is another sue for $1.2 million case.

 

[tranquility]

I see this is another sue for $1.2 million case.

Actually, it is a $300 a month case for each month the original company contracted to rent the equipment. (And, could not cancel the rental for some reason.)

 

[HomeGuru]

Where did the $300/month come from?

 

[OHRoadwarrior]

Sue them for specific performance. You are entitled to use of the defective equipment, instead of a refund, if you really want it. Myself, I would rather have the right equipment. You have not indicated terms of the written contract that would indicate you were entitled to anything more.

 

[tranquility]

Where did the $300/month come from?

Long story short I rented some computer equipment for about $600/mo from a business.

Does it matter that to get the same equipment elsewhere Im going to have to pay about 50% more?

The benefit of the apparent bargain if the OP mitigated his loss would be the difference between the contract price ($600 a month) and what it cost him ($600 x 150% = $900). [Difference being $900 - $600 = $300 a month.]


OHRoadwarrior

Sue them for specific performance. You are entitled to use of the defective equipment, instead of a refund, if you really want it. Myself, I would rather have the right equipment. You have not indicated terms of the written contract that would indicate you were entitled to anything more.

The equipment is not likely to be unique enough for a specific performance lawsuit. The key is just money damages for cover.

 

[paul717]

Well I told the company that unless they gave me the upgraded equipment at the agreed price then I would sue for specific contract and fraud and now they canceled the other package I have with them.

I filed a complaint with the BBB and the attorney general but when I told them this they just LAUGHED. Now I don't have EITHER piece of equipment AND I have to return ALL equipment AT MY OWN EXPENSE.

Can they do this

I would think they would enjoy having my money but I guess not, guess Ill just take my $900 per MONTH elsewhere and maybe to a company who knows how to value customers. maybe while im at it Ill sue for the time it takes me to drop everything and run their precious equipment back to them.

 

[tranquility]

Why do you have to return it? If you don't have a contract, notify them it is available for pick-up. I'm not sure why you made silly claims of fraud or demands for specific performance, I would laugh at you too. You will not be able to sue them for your time on the matter.