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Recourse for order failure

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VSPeck1

Member
What is the name of your state (only U.S. law)? Indiana
On July 19, 2012 I ordered a sofa from Lazy-Boy Furniture. I paid $312 as a downpayment with the promise/understanding that the sofa was to be delivered in 8-10 weeks. In 8 weeks I contacted the company and asked about the status of my delivery. The salesman said he had checked logistics and said he saw the sofa was scheduled to be delivered to their story the following week, which would allow them to make a delivery to my house the week after. I thought, ok. When I didn't hear from the salesman the following week, I followed up again. Again I was told that the sofa was in the box, to be on the truck and would be in the store the following week and he would call me the first week of October. I asked if I could get a Saturday delivery and he said yes. I thought ok and made arrangements for a friend to be at the house that Saturday to accept delivery. When he didn't call again, I called the store on October 8 and again the salesman said, the sofa will be on a truck and delivered to the story next week. We will call you the minute it comes in and make arrangements for delivery. I said No, forget it. I am tired to being misled and if this is the way you treat customers who have not received a product or completed the transaction, I want no part of it. I want to cancel my order. The salesman said, no, the sale could not be cancelled without the approval of the store manager. He said the store manager would call me on Oct. 9. I came home and called the credit card company and filed a dispute. They seemed to agree that since the company had said 8-10 weeks and I was now in week 13 I seemed to have a rational case for challenging the charge. Today, around 4:00, the store manager calls me and tells me that the sofa has miraculously appeared in their store and can be delivered on Friday. I do not want to take delivery. He said that I must, that the contract I signed said they were not responsible for shipment delays and that since it was a special order, I could not cancel. He admitted that they had promised a 8-10 week delivery and I was now in week 13, but too bad, so sad. What are my options? Help? Or am I stuck with a sofa from a company I do not want to do business with.
 


VSPeck1

Member
what do you have in writing concerning the promised delivery date?
The sales contract but he Manager said on the back side is a statement that they cannot be responsible for delays and that the estimated delivery date cannot be guaranteed. Right now I cannot get access to the contract to read the exact language.
 

justalayman

Senior Member
If that is what it says, it's what it says. You would lose if it went to court. I suspect the merchant will win on a challenge to your dispute as well.
 

VSPeck1

Member
If that is what it says, it's what it says. You would lose if it went to court. I suspect the merchant will win on a challenge to your dispute as well.
I found the contract. What it says is "Special Orders - (which mine was) - Special order merchandise times range from 8-12 weeks. We cannot be held responsible for delays in manufacturing of special orders. Special orders may only be cancelled or re-selected within 48 hours after being purchased. If for any reason a customer fails to take delivery, the deposit will be forfeited to cover restocking charges by La-Z-Boy Furniture Galleries.. I am now is week 13. At no time was I told there was a problem with manufacturing. I kept being told it was "to be delivered next week." Does that give me any out?
 

justalayman

Senior Member
I am now is week 13. At no time was I told there was a problem with manufacturing. I kept being told it was "to be delivered next week." Does that give me any out?
just what do you think they are going to blame the issue on if it comes to that.

Beyond all of everything, you were more than willing to accept deliver 3 days ago yet yesterday, you drew the line in the sand and said that's it. I do not see the issue since they do now claim to have the product. What it looks like now more than anything is you simply changed your mind.

additionally, it is only ...

wait a minute.

You said you ordered the couch July 19, right?



the 12th week ends in 2 days from now. They have delivered within their promised delivery date.

Whoops!! sounds like you are wrong all the way around.
 

VSPeck1

Member
Ok. It looks like I may be stuck. The salesman=and the store manager both admitted that 8-10 weeks was the "promised" delivery date, but the contract- in writing says 8-12. I am not happy but am realistic that the contract is what would hold up in court. I should have been a more savvy buyer and not agreed to such a long delivery date. And you are right. I did change my mind. I kept getting lied to about the status of the delivery. It was like when I was dating and the guys said they would respect me in the morning. That kind of thing. I had called the story 3 times and was told the same thing over and over again. I think the company is disreputable and I really do not want to do business with them. But---if I am stuck, I am stuck. I am just wondering now, since the contract says special orders must forfeit the deposit if cancelled, if it would be worth my deposit NOt to take delivery on merchandise that may be from a company such as this. Is there some way in which they can force me to take delivery and or pay the entire cost of the sofa?
 

OHRoadwarrior

Senior Member
It was like when I was dating and the guys said they would respect me in the morning.
Actually, it sounds like the guy started dating you, told you he wanted to take it slow and you kept pushing him with "Do you love me?" and he finally was ready to commit, right after you defriended him and dissed him out to the gang.:cool:
 

mmmagique

Member
I think all special orders from furniture companies take quite a bit longer than they quote. That's been my experience, anyway.
 

justalayman

Senior Member
It was like when I was dating and the guys said they would respect me in the morning.
Oh, what a horrible analogy.


I understand your ire but I do not believe that time frame is anything unusual for special order furniture. I do agree it is amazing that is showed up right after you told them you were tired of the runaround.

I am just wondering now, since the contract says special orders must forfeit the deposit if cancelled, if it would be worth my deposit Not to take delivery on merchandise that may be from a company such as this.
Did you only pay a partial payment? Would you actually be willing to relinquish that money to be able to refuse to purchase the couch?


Is there some way in which they can force me to take delivery and or pay the entire cost of the sofa?
Unless it is something terribly horrendous (I'm picturing a purple Giraffe print) and you paid a decent amount as the deposit, I would suspect they might actually agree to cancel the order in exchange for you paying that amount. Heck, after all, at that point, your deposit is pure profit it they can sell the couch at the price you agreed to pay.

They could even discount it the amount of your deposit to make it sell faster and still make the same profit as they would from you.
 

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