Retailer ships wrong item, corrects, then ships right item but never picks up old

[yobigd20]

What is the name of your state? NJ

Hi,

I purchased a big item for just over $2000 for a project i was working on from an online retailer back in July `07, plus other items for a total order of about $8000. After receiving the wrong item, I called them up and they corrected the order and shipped the correct item. They said they would send out a trucking company to pick up the old item. No problem. (These are big items). I received the correct item and asked that particular truck guy if they were picking up the old wrong item. They said no. I called the company up and asked again when they are going to pick up the old item. They said they would be sending a truck out to pick it up. A few weeks later I called because my other items had not shown up yet, they said they'd be there in a few days. Again, for the third time, while I was on the phone I asked when they were going to pick up the old item. Once again, they said they'd send a truck out to pick it up. Well, in a few days I did receive all the correct items. It's now been 6+ months and they never picked up the old item that is worth over $2000. It's taking up space in my garage , so can I just keep this and sell it? Is there a certain period of time that has to pass before I can just claim this as mine or can they come back 'anytime' like yrs later and try and get it?What is the name of your state?

 

[las365]

I'm not a lawyer. The answer to your question may lie in your state law, but is more likely addressed in Interstate Commerce law. My thought is that you need to give the retailer written notice and get proof of receipt. Your notice would give the timeline of events, give a reasonable deadline for pick-up of the item (30 days?) and notice that if they do not come and get the item by that time, you will consider it abandoned.

If it comes to that, the question becomes: what do you do with the property? If you sell it, do you owe the retailer the money? Can you deduct a storage fee? Do you get to keep the money under a theory of abandonemnt of the property? If you keep it or give it away, can the retailer prevail if it finally comes after you for the property or payment?

It sounds as if you use this retailer somewhat regularly, so it would be best to maintain a good working relationship.

Well, all I've done is restate your questions. I'm curious about the answers as well. What is the item, by the way?

 

[JETX]

so can I just keep this and sell it?

No. And even if you could, you would have to send 100% of the proceeds to them.

Is there a certain period of time that has to pass before I can just claim this as mine

No.

or can they come back 'anytime' like yrs later and try and get it?

With some exceptions, yep.

Send them a very nice letter (certified RRR) and ask them to:
1) Contact you within 10 business days from receipt to recover their item, and
2) Include that if they don't contact you, they will incur $20 per day storage for the next 30 days, and
3) After the 30 days is up, you will sell their property to recover the accrued storage fees and forward any remaining funds to them.